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Dáil Éireann debate -
Tuesday, 8 Feb 1972

Vol. 258 No. 9

Ceisteanna—Questions. Oral Answers. - Behaviour of British Troops.

26.

asked the Minister for Foreign Affairs if there is any progress report available in relation to the Government's complaint to the Court of Human Rights regarding the behaviour of British troops in the Six Counties; and if he will make a comprehensive statement on the matter.

As I announced in the Dáil on 16th December, 1971, an application concerning breaches in the Six Counties by the British Government of the Convention for the Protection of Human Rights and Fundamental Freedoms was lodged with the Secretary-General of the Council of Europe that afternoon.

The Council of Europe announced on 21st December, 1971, that notice of the application was at once given to the British Government which has been invited to submit to the Commission written observations on its admissibility. These must be submitted before the 29th February, 1972, unless an extension is granted by the Commission.

May I ask you why you rejected a question of mine on the very same subject on the pretext that it was sub judice? That was the reply I received from you on this very same question. You disallowed it because you said the matter was sub judice and still you allowed this question. Might I ask you to reply to that question now?

It is a Fianna Fáil one.

Why did you disallow the same question of mine on this subject? You said the matter was sub judice.

Wait for it.

I am waiting for a reply.

This is not the proper way to raise that complaint. If the Deputy has a complaint he can come to see me about it and I will discuss it with him.

Surely the House is entitled to know the basis of apparently discriminatory decisions?

The House is not entitled to prejudge the issue.

Has the House no rights in the matter?

The Deputy has rights in the matter and I have indicated he can come to me and find out why his question was disallowed. It is not a matter for the House. It is a matter between the Chair and the Deputy.

Is it suggested that the House has no rights in the matter of knowing the basis on which questions are disallowed and whether there is any discriminatory process at work?

Not at Question Time.

At what time can we find out?

You could ask the Deputy after he has seen me.

How can we ensure that it will be open to all Members of the House?

May I ask if the case is sub judice?

If the Chair said it was sub judice it is sub judice.

If it is sub judice why was a question on it allowed?

I would again ask the Deputy to come and see me about this question when I will explain the position fully to him.

It is top secret.

It certainly is.

Why can we not be told?

We have standing procedure in the House and we are not going to change it for Deputy Dr. FitzGerald. I am calling Question No. 27.

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