Written answers

Tuesday, 22 November 2011

Department of Justice, Equality and Defence

International Agreements

8:00 pm

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 444: To ask the Minister for Justice and Equality his plans to fully incorporate the European Convention on Human Rights into law. [35686/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Ireland has a dualist system under which international agreements to which Ireland becomes a party do not become part of domestic law unless so determined by the Oireachtas through legislation. The European Convention on Human Rights has been indirectly incorporated into domestic law by the European Convention on Human Rights Act 2003. That Act provides that every organ of the State shall perform its functions in a manner compatible with the State's obligations under the Convention provisions. It also provides that judicial notice shall be taken of the Convention provisions and that a person who has suffered injury, loss or damage as a result of a contravention by an organ of the State obligation may, if no other remedy in damages is available, institute proceedings to recover damages in respect of the contravention.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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Question 445: To ask the Minister for Justice and Equality his plans to establish an institutional oversight mechanism assigned with responsibility to monitor the implementation of treaty monitoring body recommendations; and if he will make a statement on the matter. [35687/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The range of issues covered by international instruments and international treaty monitoring bodies is extremely broad. There is a need for the responsible Department to have expertise in the specific policy areas involved when reporting on implementation and following up on recommendations made by treaty monitoring bodies, . Therefore, the creation of a single, centralised, institutional oversight mechanism for all treaty body recommendations would not appear to be an effective or appropriate means of managing the process of reporting on Ireland's international human rights obligations.

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