Pat Breen (Clare, Fine Gael)
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Question 445: To ask the Minister for Justice, Equality and Law Reform further to Question No. 406 of 30 November 2004, if his attention has been drawn to the requirement contained in section 9 of the Northern Ireland Act 1998 that a Minister must, on or before introducing a Bill into the Assembly, make a statement to the effect that in their view the Bill is compatible with the terms of the European Convention on Human Rights; if, accordingly, the Government has proposals to implement similar measures in this jurisdiction; and if he will make a statement on the matter. [4992/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I note that section 9 of the Northern Ireland Act 1998 deals with the making of statements by Ministers in charge of Bills to the effect that such Bills are within the legislative competence of the Northern Ireland Assembly.

Perhaps what the Deputy has in mind is section 19 of the UK Human Rights Act 1998. It provides for the making of written statements by Ministers before the Second Reading on the compatibility or otherwise of Bills with the European Convention on Human Rights.

The question of whether a similar procedure should be adopted in our case was fully examined in the context of the preparation of the European Convention on Human Rights Act 2003. I explained the position in this regard during the passage of the Bill through the Houses of the Oireachtas. The Government took account of the establishment of the Human Rights Commission in this jurisdiction and its wide role and mandate in relation to the review of proposals for legislation as well as the Attorney General's responsibilities as guardian of the public interest in protecting the Constitution and vindicating constitutional rights. This responsibility co-exists with the functions of legal adviser to the Government, and both areas come into play in the context of the proposals by the Government for draft legislation.

The two parliamentary systems differ in so far as parliamentary procedures may be established by law in the United Kingdom but in this jurisdiction they are governed by the system of Standing Orders drawn up by each House. Even if legislation provided for such statements, unless adopted by the Houses of the Oireachtas, they would be of no value. It is possible, of course, that the Oireachtas might amend its Rules of Procedure so as to provide for statements indicating the compatibility or otherwise of draft legislation with the European Convention on Human Rights.