Seanad debates
Tuesday, 9 December 2003
Independent Monitoring Commission Bill 2003: Committee and Remaining Stages.
10:45 am
Michael McDowell (Dublin South East, Progressive Democrats)
This is an international body. The question of whether it could be susceptible to suit in the Irish courts is a serious one. If people began to take judicial review type remedies of mandamus ordering it to do things, certiorari quashing its reports or directing it by a court based injunction to exercise its functions in one way or another, it would cease to have the status of an international treaty organisation and rapidly become one which was effectively a domestic institution subject to the domestic law on either side of the Border.
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