Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Section 5 concerns the "Application of European Convention on Human Rights Act 2003 and related matters". I intend to bring forward an amendment to section 5. As advised by the Attorney General, amendment is necessary to ensure the provisions of the European Convention on Human Rights Act 2003 do not have greater scope and application under this Bill than they do under the European Convention on Human Rights Act 2003 itself. Section 5(1) of the Bill applies to contracting authorities instead of to an "organ of the state" as under the European Convention on Human Rights Act 2003. Contracting authorities under the Bill would include the President, the Oireachtas and the courts, which are expressly excluded under the European Convention on Human Rights Act 2003 as well as other bodies currently not subject to the European Convention on Human Rights Act 2003. It may also encompass bodies largely funded by the State, such as LEADER organisations, housing bodies, further and higher education bodies, voluntary and community bodies funded by the State, cultural institutions and so on, that currently are not subject to the European Convention on Human Rights Act 2003. I will work with the Attorney General to see if we can get different wording that can achieve the same thing without putting us into that bind.