Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
10:30 am
Jim Walsh (Fianna Fail)
While I understand the motivation behind the amendments, it should be recognised that section 2 places a statutory obligation on the courts to make decisions compatible with the State's obligations under the convention. This provision appears to be quite adequate. Given that people will have to return to the courts to seek recourse and compensation, to remove the courts from the exemption might be a little incestuous. On the other hand, I have sympathy with the argument that while it is essential the courts are separate in a democratic system such as ours, there should be some form of accountability in terms of ostensibly strange decisions and derogatory, snide remarks by judges which have nothing to do with the cases being processed. While there is a need to examine these matters, I am not sure it would be prudent to take matters as far as the amendments suggest.
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