Seanad debates

Tuesday, 24 June 2003

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

 

2:30 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I confess to some confusion in relation to this amendment because it seems that the provision embodied in the Bill confers the entire substance of what is required, namely, the rights, liberties and freedoms conferred on or guaranteed to persons by the convention provisions within the meaning of the European Convention on Human Rights Act 2003. There is a clear definition of the convention, the same convention referred to in the amendment, namely, the convention within the meaning of the Act and the protocols thereto. It may have arisen from a discussion on Committee Stage where Senator Ryan wanted various specific articles of the convention incorporated in the reference. I explained how those provisions were already self-executing international law and did not require any domestic statutory vesture. We were concerned to ensure all the rights conferred on citizens which could be brought before the courts were conferred and that, for example, the right of individual petition or the compulsory jurisdiction of the court were not matters which could be brought before our courts because a citizen had the right to go to Strasbourg and invoke these provisions.

Amendment, by leave, withdrawn.

Amendment No. 14 not moved.

Bill received for final consideration.

Comments

No comments

Log in or join to post a public comment.