Dáil Éireann debate -
Tuesday, 20 Feb 1990

Vol. 395 No. 9

Written Answers. - Council of Europe Conventions.

John Bruton

Question:

189 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Obtaining Abroad Information and Evidence in Administrative Matters; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

190 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Supervision of Conditionally Sentenced or Conditionally Released Offenders; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

191 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Punishment of Road Traffic Offences; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

193 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on International Validity of Criminal Judgments; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

194 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Transfer of Proceedings in Criminal Matters; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

195 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Calculation of Time Limits in Law; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

196 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Registration of Wills; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

197 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Civil Liability for Damage Caused by Motor Vehicles; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

198 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Transfer of Corpses; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

199 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Legal Status of Immigrant Workers; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

201 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Mutual Assistance in Criminal Matters; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified if; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

202 Mr. J. Bruton asked the Minister for Justice when the Council of Europe Convention on Protocol No. 7 to the Convention for the Protection of Human Rights and Freedom was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

John Bruton

Question:

208 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on Offences Related to Cultural Property; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have already ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

209 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Compensation of Victims of Violent Crimes; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

210 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Transfer of Responsibility for Refugees; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

211 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on a Uniform Arbitration Law; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

Minister for Justice (Mr. Burke)

I propose to take Questions Nos. 189, 190, 191, 193, 194, 195, 196, 197, 198, 199, 201, 202, 208, 209, 210, and 211 together.

The information sought concerning the dates when the Conventions were opened for signature and the countries which have ratified them is contained in the material on Council of Europe Conventions which the Minister for Foreign Affairs undertook (in reply to Parliamentary Question No. 76 of 6 February 1990) to make available in the Oireachtas Library.

I am unable to agree that it would be a function of mine to state, in reply to a parliamentary question, the implications of these Conventions for the State, unless I were asking the Dáil to take some action on them which in fact I am not at this stage.

However, with regard to Question No. 196, I can say that the Convention on the Registration of Wills was designed with formal wills declared to a notary chiefly in mind and is not of value to countries such as Ireland which do not have that form of will. In the circumstances it is not proposed that this Convention be ratified.

Similarly, with regard to Question No. 211 it is not proposed to ratify the Convention on a Uniform Arbitration Law. The Convention was opened for signature in 16 January 1966. It has not entered into force due to the fact that one State only (Belgium) has, so far, ratified it. It is clear that the Convention has not found favour with the member states and is unlikely ever to come into force. In the circumstances there would be no advantage to this country in ratification.

In so far as the other Conventions are concerned, it is my intention to have the question of their ratification considered according as other priorities in my Department so permit. Any proposals which I may have, as a result, in relation to any of these Conventions will be announced in the normal way in due course.

John Bruton

Question:

192 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of European Convention on Information on Foreign Law; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Conventions for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any resevations Ireland has about the Convention from a cost or other point of view.

Minister for Justice (Mr. Burke)

The necessary steps to enable this Convention and its Additional Protocol to be ratified are being taken at present. The Convention was opened for signature in 1968 and entered into force in 1969. The Additional Protocol was opened for signature in 1978 and entered into force in 1979. No legislation is required to give effect to the provisions of either instrument and there is no question of entering reservations.

Information regarding the states which have ratified the Council of Europe Convention is contained in the material which the Minister for Foreign Affairs undertook (in reply to Parliamentary Question No. 76 of 6 February 1990) to make available in the Oireachtas Library.

John Bruton

Question:

200 Mr. J. Bruton asked the Minister for Justice the reason Ireland has not yet signed the Council of Europe Convention on the Transmission of Applications for Legal Aid; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

Minister for Justice (Mr. Burke)

This Convention was ratified by Ireland on 15 November 1988, without reservation and its provisions entered into force on 16 December 1988. Following is the text of a Press Release in the matter which was issued on 16 November 1988.

The Minister for Justice, Mr. Gerard Collins, T.D., wishes to announce that Ireland has become a party to the European Agreement on the Transmission of Applications for Legal Aid. The appropriate instrument of ratification was lodged with the Council of Europe in Strasbourg yesterday afternoon. The provisions of the Agreement will come into force for Ireland in 1 month's time.

The object of the Agreement is to provide procedural machinery to enable residents of Contracting States of the Council of Europe who wish to apply for legal aid in civil, commercial or administrative matters in another Contracting State, to do so via a transmitting authority in the State in which they are resident. The Legal Aid Board, 47 Upper Mount Street, Dublin 2 is the designated transmitting authority for Ireland.

The European Agreement on Transmission of Applications for Legal Aid will facilitate people in Ireland who wish to pursue their entitlements to legal aid in other countries that are parties to the Agreement. The other countries where the Agreement is in force are, Austria, Belgium, Denmark, France, Greece, Italy, Luxembourg, Norway, Portugal, Spain, Sweden, Turkey, Finland and the United Kingdom.

In practical terms this will represent a considerable improvement for people in Ireland who want to apply for legal aid in those countries. Such people are at a considerable disadvantage at present. They are faced with problems of getting accurate information on legal aid facilities in foreign countries, with establishing lines of communication, and this is often compounded by language difficulties.

John Bruton

Question:

203 Mr. J. Bruton asked the Minister for Justice when the Council of Europe Convention on the Transfer of Sentenced Persons was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

Bernard Allen

Question:

204 Mr. Allen asked the Minister for Justice if he proposes to sign the Council of Europe Convention on the Transfer of Sentenced Persons.

Minister for Justice (Mr. Burke)

I propose to take Questions Nos. 203 and 204 together. The Convention was opened for signature in March 1983 and was signed by Ireland in August 1986.

The Convention makes it possible for a person sentenced to imprisonment in a foreign country to serve that sentence in a country of which he is a national, where both countries involved are parties to the Convention.

The practical and legislative measures which may be necessary to enable ratification to proceed are still under consideration in my Department and any legislative proposals which may emerge will be announced in the usual way.

The Convention has been ratified by Austria, Cyprus, Denmark, France, Greece, Italy, Luxembourg, Netherlands, Spain, Sweden, Turkey, United Kingdom, Finland, United States and Canada.

John Bruton

Question:

205 Mr. J. Bruton asked the Minister for Justice when the Council of Europe Convention on Automatic Processing of Personal Data was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

Minister for Justice (Mr. Burke)

The Convention was opened for signature on 28 January 1987 and signed on behalf of Ireland on 17 December 1988.

The Data Protection Act, 1988, was enacted to give effect to the Convention. It will be ratified when the Dáil has approved of its terms.

Information regarding the states which have ratified the Convention is contained in the material which the Minister for Foreign Affairs undertook (in reply to Parliamentary Question No. 76 of 6 February 1990) to make available in the Oireachtas Library.

John Bruton

Question:

206 Mr. J. Bruton asked the Minister for Justice when the Council of Europe Convention on Recognition and Enforcement of Decisions Concerning the Custody of Children was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

Minister for Justice (Mr. Burke)

The Council of Europe Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children was opened for signature on 20 May 1980 and on the same date it was signed by the Minister for Justice, subject to ratification, on behalf of the State. I am unable to agree that it would be a function of mine to state, in reply to a Parliamentary Question, the implications of the Convention for the State, unless perhaps I were asking the Dáil to take some action on it which in fact I am not at this stage.

A Bill to enable the Convention to be ratified is at a very advanced stage of preparation in my Department and will be introduced as soon as possible. The Bill will also enable the State to ratify the Hague Convention on the Civil Aspects of International Child Abduction.

Information regarding the states which have ratified the Council of Europe Convention is contained in the material which the Minister for Foreign Affairs undertook (in reply to Parliamentary Question No. 76 of 6 February, 1990) to make available in the Oireachtas Library.

John Bruton

Question:

207 Mr. J. Bruton asked the Minister for Justice when the Council of Europe Convention on Acquisition and Possession of Firearms by Individuals was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

Minister for Justice (Mr. Burke)

Information concerning the date when this Convention was opened for signature and the States which have ratified it are contained in the material regarding the Council of Europe Conventions which the Minister for Foreign Affairs undertook (in reply to Parliamentary Question No. 76 of 6 February 1990) to make available in the Oireachtas Library.

Provision has been made in the Firearms and Offensive Weapons Bill, 1989, which has been passed by the Seanad and is awaiting Committee Stage in this House, for the necessary changes in the firearms legislation which would enable Ireland to ratify the Convention at an early date. The exact effect of the Convention so far as our law is concerned was covered in the debate at the Committee Stage on the Bill in the Seanad (Seanad Official Report, volume 122, columns 1158 to 1184).