Seanad debates

Tuesday, 30 May 2023

Mother and Baby Institutions Payment Scheme Bill 2022: Committee Stage (Resumed)

 

1:00 pm

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

If a negative decision is made by an Irish court in the context of a judicial review about this scheme, the Government has to respond. I am talking entirely hypothetically, but if something was found to be ultra viresor unconstitutional, of course the Government has to respond. We do not have a choice in that situation.

If an international treaty body makes a finding about something that Ireland does, then in order to meet its treaty obligations, Ireland will seek to comply in the same way it complied with the Norris decision of the European Court of Human Rights, which had implications here. Ireland will meet its domestic legal obligations and its obligations under international law if decisions are made about the scheme and the legislation we are discussing today.

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