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Dáil Éireann debate -
Thursday, 23 Nov 1978

Vol. 309 No. 10

Ceisteanna—Questions. Oral Answers. - Human Rights Violations.

11.

asked the Minister for Foreign Affairs if, in view of the allegations of continuing violations of human rights by the British administration in the Six-Counties, the Government is prepared to institute proceedings against the British Government before the European Court of Human Rights in Strasbourg.

The protection of the human and civil rights of all the people of Northern Ireland is a matter which the Government consider to be of fundamental importance and all developments relating to the question are kept under close and constant review with a view to appropriate action whenever this is considered necessary. The Government are not at present contemplating proceedings of the kind referred to by the Deputy. The Deputy will of course be aware that it is open to any person in Northern Ireland who considers that he or she may have a case to initiate such proceedings on an individual basis.

Am I to take it that the Government are satisfied that there is no basis for any such move? Am I to take it that the Government are satisfied that since the conclusion of the last case which they took there rather successfully, things are worse than they were then? May I ask the Minister why the Government have come to this conclusion—to do nothing?

Before the Government can move or should move they should be satisfied that sufficient evidence is available from people who have communicated with them. The Deputy will perhaps be aware that on the last occasion there was a very wide range of information from very authoritative sources who requested this action. That position does not obtain at the moment. No such request has been made. As was mentioned, individual cases are being brought before the Human Rights Court and that is the position as the Government take note of it at the moment.

Would the Minister accept that from the case which we took in regard to events in Northern Ireland it transpired that there were grave defects in the procedure of the court, both in regard to the length of time taken to deal with it—the Commission and Court— five years, and in regard to the fact that there was no power to compel the attendance of witnesses or require them to give evidence and that these defects seriously affect the value of this procedure? Has he any proposals to improve the Human Rights Court and Commission procedure in the light of these defects?

The Deputy will appreciate that this is a separate question of which I would require notice but I acknowledge that the undue delays on the last occasion were a continuing cause of concern. The limitations on the compelling of witnesses are also matters of concern. I recognise that these delays were not always due to the procedures of the court but rather to their lack of capacity to deal with delays such as were involved in the case of one of the parties. I can assure all Deputies that if and whenever the Government see fit to bring matters as a Government before the Court of Human Rights again in this or any other area, the Government will obviously take that action.

Has the Minister given us to understand that neither he nor the Government as a whole are any longer in a position to get possession of reliable information from the Six Counties on the behaviour of the authorities there? Is this a new departure? I thought that with the collaboration that has been going on in recent years there would be much more knowledge of what goes on there than ever before.

I am calling Question No. 12.

Sorry, I am asking a question with your permission and I have not quite finished.

A question does not necessarily have to be preceded by a speech.

Actually, the speech was preceded by a question. I am asking the Minister whether his sources of information are no longer as good? Is he now telling the House that his sources of information are less than they were five or six years ago? Or, is he telling the House what is pretty obvious to anybody who is concerned about it, that it is no longer the in-thing to be concerned about what happens to anybody in the Six Counties either inside or outside the prisons?

This seems to be an argument rather than a question.

The Chair may not agree with my sentiments.

Perhaps I should leave Deputy Blaney's speech on the record.

I am calling Question No. 12.

I completely object to the inconsistency of your rulings in the Chair allowing some Deputies to talk all day. They would qualify you for the GAA panel.

Order. If the Deputy persists he will have to be removed.

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