Written answers

Tuesday, 16 May 2006

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 416: To ask the Minister for Justice, Equality and Law Reform if he has received approaches to change, amend or otherwise alter the Geneva Conventions Act 1967, the Criminal Justice (United Nations Convention on Torture) Act 2000, the International Criminal Court Bill, 2003 or laws pertaining to war crimes or universal jurisdiction; the nature of such approaches; the location they came from; and if he will make a statement on the matter. [18256/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will be aware that I have brought forward an amendment to the Criminal Justice (United Nations Convention Against Torture) Act 2000 as a Committee Stage amendment to the Criminal Justice Bill 2004.

The objective of my amendment is to bring the definition of torture contained in section 1 of the 2000 Act into line with the definition contained in Article 1 of the UN Convention Against Torture and Other Cruel and Inhuman or Degrading Treatment or Punishment. The definition of torture in the 2000 Act appears to include torture by a person other than a public official. This is in contrast to the definition of torture contained in Article 1 of the Convention which is clearly restricted to torture by or at the instigation of a public official. My amendment will remedy this discrepancy. The necessity for this amendment was highlighted during a judicial review application in relation to the issuing of a deportation order.

In relation to the International Criminal Court Bill 2003, which is at Report Stage in Dáil Éireann, the Deputy will also be aware that amendments have been tabled in the normal way by both the Government and opposition parties during Committee and Report Stages. In addition, representations were received from Amnesty International both directly to me and through other Deputies.

I presume that the Deputy is referring in his question to the Geneva Conventions Act 1962. I have received no approaches to amend the Geneva Conventions Act 1962 or the Geneva Conventions (Amendment) Act 1998.

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