Written answers

Tuesday, 14 May 2013

Department of Foreign Affairs and Trade

European Commission for Democracy through Law

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)
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152. To ask the Tánaiste and Minister for Foreign Affairs and Trade the role Ireland plays at the European Commission for Democracy through Law, the Venice Commission, at the Council of Europe; the members representing Ireland throughout its existence; the remuneration to each member; the way these persons were appointed; when future vacancies will arise; if the positions will be publicly advertised; the cost associated with Ireland's membership of the Venice Commission; and if he will make a statement on the matter. [22282/13]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The European Commission for Democracy through Law, known as the Venice Commission, was established in 1990. It serves as the advisory body to the Council of Europe on constitutional matters. The Commission has become an internationally recognised independent legal think-tank and plays a unique and unrivalled role in crisis management and conflict prevention through constitution building and advice. It meets in plenary four times a year in Venice.

Each member country of the Council of Europe appoints one member and one substitute to the Commission for a period of four years. Serving members may be reappointed. The Commission is composed statutorily of "independent experts who have achieved eminence through their experience in democratic institutions or by their contribution to the enhancement of law and political science".

Ms. Finola Flanagan, full-time commissioner, Law Reform Commission, and Mr. James Hamilton, former Director of Public Prosecutions, are the current Irish members of the Venice Commission. Their tenure runs from 2010 to 2014. Prior to this, Ms Flanagan served from 2002 – 2010, Mr Hamilton from 1998-2002 and Mr Matthew Russell from 1990-1998. They act on the Commission in their personal capacities and are required by the Revised Statute of the Venice Commission not to receive or to accept any instructions. Members do not receive any remuneration for their service on the Commission or for attendance at plenary sessions. The travel and subsistence expenses of each member of the Commission are borne by the State concerned. However, if the Commission entrusts members with specific missions, the expenses are borne by the budget of the Commission.

The current appointments to the Venice Commission were made by the Attorney General in 2010.

Vacancies will arise on the expiry of the tenure of the current members in 2014. Future appointments to the Venice Commission are a matter for the Attorney General.

Ireland pays a yearly contribution to the Venice Commission; the subscription owed for 2013 is €38,135.55.

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