Sheila Terry (Fine Gael)

I agree with Senator Ryan that amendment No. 4 is at the nub of how we incorporate this convention into domestic law. Both amendments seek to include the courts in the definition of "organs of the State", set out in page 4 of the Bill. I understand the reason the Minister wishes to have them excluded because they have a duty to uphold the Constitution and the law. However, there is a good case for including them in the definition and giving rights to individuals to have the convention upheld in domestic law. The similar legislation passed in the United Kingdom includes the courts, where they are referred to as being included within the term "public authorities" rather than organs of the state. If we take the same approach, we will give people the right to have the convention upheld when they take cases in this country. Rather than provide for this, the Minister is taking a minimalist approach.