Seanad debates

Tuesday, 24 June 2003

European Convention on Human Rights Bill 2001: Report and Final Stages.

 

If the constitutional position of the Oireachtas is to mean what the Constitution says it means, how is it possible to say or to maintain that an Act of the Oireachtas which has been complied with is now inoperable and repealed and that damages can be awarded because an organ of the State acted precisely in accordance with its provisions? How can one say to a health board, a local authority, the Garda Síochána or the Director of Public Prosecutions that it did nothing wrong and carried out its responsibilities in conformity with the wishes of the Oireachtas as expressed in legislation, but that it is now liable in damages? Can one say that the body in question is not protected and its acts have no continuing validity because a right under the convention, which does not have the force of law in the State, has been breached? This legislation provides for the declaration of incompatibility to be submitted and laid before the Houses of the Oireachtas so that the Oireachtas can take the necessary steps to cure the legislative breach that has been established.

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