Seanad debates
Tuesday, 24 June 2003
European Convention on Human Rights Bill 2001: Report and Final Stages.
As I pointed out on Committee Stage, a case is pending before the Supreme Court on this issue at present. As I understand it, the provision under Irish statute law was deemed to be constitutional, but a subsequent decision in Strasbourg deemed the Irish provision to be at variance with the convention. There is a conviction at issue in the precise circumstances canvassed by the Senators. That entire matter is before the Supreme Court where it will, no doubt, be decided upon in due course. The Minister would prefer to leave the matter until the Supreme Court clarifies the legal position because this will facilitate the drafting of legislation.
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