Written answers

Tuesday, 30 April 2013

Department of Justice and Equality

International Agreements

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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445. To ask the Minister for Justice and Equality the reason Ireland has not signed the Istanbul Convention to date; the plans afoot to sign the Convention; and if he will make a statement on the matter. [20310/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As I stated in my reply to PQ No. 53776/12 of 4 December, 2012, Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, an executive office within my Department, actively contributed to all stages of the drafting process in relation to the Convention. That process took place over a period of almost two years.

The detailed provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow signature and ratification of the Convention by Ireland are being examined in conjunction with the government commitment to consolidate and reform domestic violence legislation. However, I have been advised that Article 52 on emergency barring orders presents a particular difficulty in relation to property rights under the Irish constitution. I propose to consult again with the Attorney General’s Office in relation to the legal difficulty relating to Article 52 and other issues. The matter will then be submitted for decision of the Government on the issue of signature of the Convention.

I am informed that 29 Council of Europe member states have signed the Convention and four have ratified it. It has not yet entered into force as this requires at least ten member states to ratify it.

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