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Dáil Éireann debate -
Wednesday, 11 Dec 1996

Vol. 472 No. 7

Written Answers. - Council of Europe Conventions.

Michael P. Kitt

Question:

71 Mr. M. Kitt asked the Tánaiste and Minister for Foreign Affairs the conventions in the Parliamentary Assembly of the Council of Europe relating to his Department which are awaiting final ratification by Dáil Éireann; and if it is proposed to ratify these conventions as soon as possible. [24120/96]

There are five Council of Europe Conventions under the auspices of my Department which have been signed and not yet ratified:

1. European Convention for the peaceful settlement of disputes (1957). This Convention was signed by Ireland in 1957 but never ratified. This Convention does not appear to be active: Liechtenstein is the only signatory since 1970. Ratification is not under active consideration.

2. European Convention on the Abolition of Legislation of Documents Executed by Diplomatic Agents or Consular Officers (1968). This convention makes it possible to use foreign documents in the same manner as documents emanating from national authorities. It was signed by Ireland in November 1996; it is hoped to proceed to ratification at an early date.

3. 7th Protocol to the European Convention on Human Rights (1984). The Protocol — signed by Ireland in 1984 — identifies a number of additional rights, notably rights of lawfully resident aliens, the right to have a criminal conviction and sentence reviewed, the right of compensation after a miscarriage of justice and the equality of spouses in relation to their children and their marriage. The provisions contained in the Protocol are the responsibility of a number of Government Departments. The Protocol will be ratified at the earliest possible date.

4. 11th Protocol to the European Convention on Human Rights (1994). This Protocol — signed by Ireland in 1994 — replaces the Commission and Court with a single permanent Court. The Dáil approved the terms of the Protocol on 4 December 1996. The instrument of ratification will shortly be deposited with the Secretary General of the Council of Europe.
5. Framework Convention for the Protection of National Minorities (1995). This legal instrument — signed by Ireland in 1995 — contains principles to which State parties adhere as well as certain programme-type provisions, setting out objectives that parties undertake to pursue through legislation and appropriate policies. The mechanism for reporting by States of the measures which they have taken under the convention has not yet been agreed by the Committee of Ministers; the convention will be ratified at the earliest possible date after this mechanism has been established.
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