Dáil Éireann debate -
Thursday, 7 Nov 1991

Vol. 412 No. 3

Written Answers. - EC Treaty Provisions.

Richard Bruton

Question:

12 Mr. R. Bruton asked the Minister for Foreign Affairs if there are any occasions on which Irish laws on Constitutional provisions have been found to have been in conflict with the European Convention for the Protection of Human Rights and Fundamental Freedom; and if so, whether Ireland's discretion in these matters is likely to be reduced by the proposal in the Luxembourg draft revision of the Treaty of Rome which will bring the European Convention for the Protection of Human Rights and Fundamental Freedoms into the provisions of the European Communities Treaty.

Donal Carey

Question:

33 Mr. Carey asked the Minister for Foreign Affairs if there are any occasions on which Irish laws or constitutional provisions have been found to have been in conflict with the European Convention for the Protection of Human Rights and Fundamental Freedom; and if so, whether Ireland's discretion in these matters is likely to be reduced by the proposal in the Luxembourg draft revision of the Treaty of Rome which will bring the European Convention of the Protection of Human Rights and Fundamental Freedom into the provisions of the European Communities Treaty.

Paul Connaughton

Question:

64 Mr. Connaughton asked the Minister for Foreign Affairs if there are any occasions on which Irish laws on constitutional provisions have been found to have been in conflict with the European Convention for the Protection of Human Rights and Fundamental Freedom; and if so, whether Ireland's discretion in these matters is likely to be reduced by the proposal in the Luxembourg draft revision of the Treaty of Rome which will bring the European Convention of the Protection of Human Rights and Fundamental Freedom into the provisions of the European Communities Treaty.

Minister for Foreign Affairs (Mr. Collins)

I propose to take Questions Nos. 12, 33 and 64, which are all in similar terms, together.

Since Ireland became a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1953 and at the same time accepted the right of individual petition in accordance with Article 25 thereof, there have been three occasions on which the European Court of Human Rights has found that Ireland did not comply with certain provisions of the Convention.

These findings concerned (i) the provision of fee legal aid in civil cases, (ii) the legal status, including the questions of illegitimacy and succession rights of a child born outside marriage and (iii) criminal sanctions in Irish law against homosexual acts.

The findings of the court in the first case were complied with by the introduction on an administrative basis in 1979 of the scheme of civil legal aid and advice. The findings of the court in the second case were complied with by the enactment of the Status of Children Act, 1987. In relation to the third case, proposals for appropriate legislation are under consideration.

The proposals in the Luxembourg draft revision of the Treaty of Rome merely re-states what is the existing position of the Convention in Community law as enunciated on several occasions by the European Court of Justice, to the effect that the rights and freedoms as recognised in the Convention shall be respected. The proposal therefore will not change the obligations of the Statevis-à-vis the Convention or the Government's commitment thereto.