Written answers

Wednesday, 28 September 2005

Department of Justice, Equality and Law Reform

International Agreements

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1046: To ask the Minister for Justice, Equality and Law Reform the reason the Government has neither signed nor ratified the optional protocol on the convention against torture; and his views on whether the Government is obliged to sign and ratify the OPCAT in order to meet the human rights equivalence requirement under the Good Friday Agreement in view of the fact that Britain has already ratified it. [25733/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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On 18 December 2002, the third committee of the United Nations General Assembly adopted the draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, OPCAT. Ireland, along with other EU partners, fully supported the draft optional protocol and worked for its adoption at the UN General Assembly and the Commission on Human Rights.

The object of the protocol is to establish a system of regular visits undertaken by independent international and national bodies to places of detention with a view to preventing torture and other cruel, inhuman or degrading treatment or punishment. The international body is proposed to be a subcommittee of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment. The national bodies may consist of one or several bodies as national preventive mechanisms for the prevention of torture at the domestic level.

Ireland's position in regard to the ratification of international instruments generally, including the optional protocol, is constantly reviewed in light of prevailing circumstances and in the context of the ongoing assessment and prioritisation of Ireland's international commitments. My Department is continuing to review national legislation to ascertain whether legislative changes would be required before signature and ratification of the optional protocol. Consultations have commenced with other Departments and bodies, including the Departments of Health and Children, Defence and Education and Science, in respect of arrangements for the inspection of institutions for which they are responsible in which persons may be detained without their consent.

Ireland ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment which entered into force for Ireland on 1 February 1989. The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT, which comes under the aegis of the Council of Europe, was established under this convention and operates a system of international visits across Europe. The committee visited Ireland in 1993, 1998, and 2002.

It is Government policy for all aspects of the Good Friday Agreement to be implemented.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1047: To ask the Minister for Justice, Equality and Law Reform if the Government's first periodic report under the convention against torture, due to be submitted by 11 May 2003, was submitted; if not, the reason therefor; and the date on which it will be submitted. [25734/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Work on the completion of Ireland's first periodic report under the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment is ongoing as a matter of urgency. Preparation of the report has involved my Department consulting with other Departments and bodies in respect of their responsibilities under the convention and that process is almost complete. I expect the report will be submitted in the coming months.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1048: To ask the Minister for Justice, Equality and Law Reform the names of petitioners against Ireland under the Convention on the Elimination of All Forms of Discrimination Against Women; the issues raised by them; and the status or outcome in each case. [25737/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to the procedures under Articles 2 to 9 of the Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW, whereby the CEDAW committee may receive and consider communications from individuals and groups of individuals in the jurisdiction of a state party claiming to be victims of a violation by that state party of any of the rights under the convention. This procedure is one that applies where a state party — as in the case of Ireland — has declared that it recognises the competence of the CEDAW committee to act in this way. Ireland ratified the optional protocol in September 2000.

My information is that to date, no complaints against the State have been registered by the UN CEDAW committee under the optional protocol procedure.

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 1049: To ask the Minister for Justice, Equality and Law Reform the names of petitioners against Ireland under the convention on the elimination of racial discrimination; the issues raised by them; and the status or outcome in each case. [25738/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I assume the Deputy is referring to the procedure under Article 14 of the UN Convention on the Elimination of All Forms of Racial Discrimination, CERD, whereby the CERD committee may receive and consider communications from individuals or groups of individuals in the jurisdiction of a state party claiming to be victims of a violation by that state party of any of the rights under the convention. The procedure is one that applies where a state party — as in the case of Ireland — has declared that it recognises the competence of the CERD committee to act in this way.

My information is that to date, no complaints against the State have been made to the UN CERD committee under the Article 14 procedure.

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