Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

When this issue was debated in the Lower House on Committee Stage, I understand the Minister said it was not appropriate to insert an anti-death penalty measure into the Bill. However, I have not read the Official Report and am, therefore, unsure. There already is an anti-death penalty measure contained in, I think, Protocol No. 6. However, this protocol is being superseded by Protocol No. 13, which incorporates a much less exception-focused death penalty provision, and comes into force on 1 July this year. The Minister has the proud record of having drafted the constitutional amendment which prohibited the death penalty and deserves credit for such because it copperfastens a principle of our society. Protocol No. 13 of the European Convention states that no one shall be condemned to such penalty or executed, no derogation from the provision shall be made and no reservations may be made. In this manner, it is a much tighter and more demanding protocol than the previous one. It is coming into force and we have accepted it. Therefore, why is it not incorporated into the legislation?

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