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Dáil Éireann debate -
Wednesday, 23 Oct 1991

Vol. 411 No. 5

Written Answers. - European Convention on Human Rights.

Jim O'Keeffe

Question:

77 Mr. J. O'Keeffe asked the Minister for Foreign Affairs if he will outline his views on the proposal of the EC Commission to have the EC accede in its own right to the European Convention on Human Rights.

The Commission proposal has not yet been considered in detail by the member states but indications are that while a majority of delegations, including Ireland, would be sympathetic to the Commission's proposal, many foresee substantial constitutional, legal and political problems if the Community was to accede to the Convention.

The question is also indirectly related to the negotiations on political union in which it is proposed to insert in the Preamble of the Treaty a reference to the obligation of the union to respect the rights and freedoms as recognised by the European Convention on Human Rights. A number of delegations believe that with the inclusion of such a reference the question of Community accession may not be necessary.

Ireland favours the inclusion of such a reference in the Preamble of the Treaty. We will continue to examine the complex legal implications of accession to the Convention which we understand would give it direct applicability in Irish domestic law — a status that it does not presently enjoy.

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