Mattie McGrath (Tipperary South, Independent)
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143. To ask the Minister for Foreign Affairs and Trade the legal obligations that exist directing the Government to act on the reports and recommendations of the United Nations human rights committee; if he will confirm that Ireland, as a sovereign nation, is not obliged under international law to have the constitution and laws amended following the merely advisory reports and recommendations of the same committee; and if he will make a statement on the matter. [36928/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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The United Nations Human Rights Committee is a UN Human Rights Treaty Monitoring Body established under the International Covenant on Civil and Political Rights. The Covenant is one of the UN’s core human rights treaties. The Human Rights Committee is composed of independent experts elected by States parties to the Covenant.

Ireland ratified the Covenant on 8 December 1989. In accordance with Article 29.6 of the Constitution international agreements to which Ireland becomes a party do not become part of domestic law unless so determined by the Oireachtas through legislation. No such legislation has been passed by the Oireachtas with respect to the Covenant. Accordingly, while the Covenant is binding under international law it does not have direct legal effect in Irish law.

The primary method for the Committee to monitor states’ implementation of the Covenant is by examination of state reports which are periodical. Following an examination of a state report, the Committee issues its concluding observations to the state. The concluding observations record the positive aspects of a state’s implementation of the Covenant and areas of concern to the Committee and its recommendations.

An additional Optional Protocol to the Covenant, to which Ireland is also party, gives the Committee competence to examine with regard to alleged violations of the Covenant.

Following its consideration of an individual communication the Human Rights Committee forwards its views to the state party concerned and the individual. If the Committee’s views are that the Covenant has been violated it will appoint a Special Rapporteur (from among its members) to ascertain the measures taken by states to give effect to the Committee’s views.

The Human Rights Committee also adopts “General Comments” on the articles of the Covenant which represent their interpretation of the substantive rights contained therein.

The Human Rights Committee is not a court and its recommendations are not legally binding. However given its mandate, status, and the fact that its members are elected on the basis of their independence, qualifications and expertise, there is a strong presumption in favour of the Committee’s legal interpretations of the provisions of the relevant treaty and they are of persuasive value as regards states’ international obligations under the Covenant. States parties such as Ireland, which support the UN human rights system and the Committee, take its views seriously.