Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

10:30 am

Mary Henry (Independent)

I support this amendment. This legislation is similar to that passed in the United Kingdom. The Good Friday Agreement encouraged that approach. The UK legislation has managed to include the courts, down to the Magistrates' Courts, in this area in a satisfactory manner. The main reason for bringing this forward is to ensure judgments could be given without undue delay and also that people would be given the reasons for them.

When the Minister spoke about this on Committee Stage in the other House he said the problem regarding judgment delays had been solved by section 46 of the Courts and Court Officers Act 2002, which provides for the establishment of a register of weighted judgments and a review procedure to ensure they are delivered. While that is as good as far as it goes, it is not a remedy against the State in the event of a breakdown of the system, which could happen.

The Minister argued that reasons for judgments would be required by the rules of courts being interpreted in accordance with the convention principles, which are commonly given. Sometimes when the reasons are given, they are not adequate enough for the person trying to appeal the judgment to a higher court. In view of this, the amendment would ensure the convention would also apply to the courts. I hope the Minister of State will accept it.

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