Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
10:30 am
Jim Walsh (Fianna Fail)
The Senator is taking liberties. If he is going to paraphrase me, I would like him to do it accurately. The argument being made by Senator Norris and others is that when we get a declaration of incompatibility, the human rights convention should take precedence over all other law, whether it cuts across constitutional law or otherwise. That is not the premise upon which this legislation is framed. However, there is provision to deal with issues of incompatibility, which will be assessed and judged on their merits. There is nothing precluding the Government from coming forward with legislation. Equally, there is nothing forcing it to do so. However, there is nothing stopping the House, or any Member, from raising it as an issue. The way the Bill is currently framed is the essence of democracy.
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