This is a reasonable amendment. We consider the Bill to be one of the most far-reaching of its kind ever to come before the Dáil. This amendment is couched in unambiguous language. If the Bill must pass through the House, and indeed it must, having regard to the fact that the Government have a majority, it should contain some form of statement of intent to ensure the very minimum standards of human rights. The Convention on Human Rights is a document which clearly sets out the minimum standards required in relation to the treatment of individuals and groups of people. The convention is quite clear in this respect. Article 5 deals with the right to liberty and security of person. I have here a very interesting treatise on the subject by an individual called A. H. Robertson who has made a study of the whole area of human rights. The title of his book is Human Rights in Europe. When one is deliberating on any piece of legislation before this House it is important to quote from documents or books written by people who have a real grasp of the subject. We believe that the Bill, as it stands, does not give people the right to liberty and security of person on the one hand and certainly does not give people a right to fair trial.
As we have already said, we accept the intention expressed in the Bill. There are people who subscribe to the achievement of what they consider to be their particular objectives by the bullet, by the bomb, by kneecapping and so on. We reject that. In Fianna Fáil we seek the achievement of the unity of the island by peaceful means and I think it is a realisable ideal, given the proper climate and atmosphere. While the reasons for the introduction of the Bill may have been bona fide we feel that people who subscribe to murder, to burnings, to the placing of bombs— although they do not recognise the basic tenets of democracy themselves and do not subscribe to human rights of any kind and although they reject the right of people to liberty and security of person and indeed reject the rights of people to a fair trial—nevertheless, as a democracy, we have to give people who are alleged to be involved in these crimes what we consider, by our standards, to be a fair trial. The principle of the law that a person is innocent until proved guilty must be upheld. To ensure those principles and to subscribe to them, Deputy Collins's amendment must be written into this Bill.
The United Nations, in addition to the European Convention on Human Rights, have also expressly declared their intention to set down standards in relation to the liberty and security of the person. The United Nations Declaration proclaimed in Article 3 that everyone has a right to life, liberty and the security of the person. The Convention, having dealt with the right to life in Article 2, devotes Article 5 to the right to liberty. It starts with the affirmation "Every person has the right to liberty and security of person" and then goes on to define the circumstances in which someone might be deprived of his liberty, provided it is done in accordance with the due process, or as the author of the book I am quoting said, "in accordance with a procedure prescribed by law". He then goes on to describe the following cases in the given circumstances: (a) detention after conviction by a court; (b) arrest or detention for non-compliance with the order of a court; (c) arrest or detention on reasonable suspicion or as a preventative measure; (d) the detention of minors; (e) detention for medical and similar reasons; (f) detention to prevent unauthorised entry into a country or to permit deportation or extradition in certain circumstances. The article itself can be dealt with under two different heads. Paragraph 1 defines the cases in which detention is permitted and goes on to define the rights of a person thus detained.
This Bill, as we understand it, does not protect individual rights. We strongly urge the Minister to accept Deputy Collins' amendment as a very basic amendment to the far-reaching consequences of this Bill. I would like to hear the Minister's views on my short submission. I will make other submissions, as will my colleagues, during the course of this debate.