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Dáil Éireann debate -
Tuesday, 21 Apr 1998

Vol. 489 No. 6

Written Answers. - UN Conventions Ratification.

Frances Fitzgerald

Question:

200 Ms Fitzgerald asked the Minister for Foreign Affairs when legislation will be introduced to enable Ireland to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment, adopted by the UN General Assembly on 10 December 1984. [8882/98]

Human rights are a priority concern for the Irish Government. This priority is reflected, inter alia, in our commitment to ratify key international human rights instruments to which Ireland is not yet a party. Given the significance of this year for the observance and promotion of human rights, marketing as it does the 50th anniversary of the Universal Declaration of Human Rights, it is our intention to ratify the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment during the course of 1998.

In order to be in a position to give effect to the Convention, it will be necessary, however, to introduce domestic legislation regarding the offence of mental torture. I have been advised that work is well advanced in the Department of Justice, Equality and Law Reform on this necessary legislation. That Department is confident that the said legislation will be placed on our statute books in the coming months. Once this legislation has been passed into law, I will seek Dáil approval for ratification of this important human rights Convention.

Frances Fitzgerald

Question:

201 Ms Fitzgerald asked the Minister for Foreign Affairs when legislation will be introduced to enable Ireland to ratify the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the UN General Assembly on 21 December 1965. [8883/98]

In view of the great importance which the Government attaches to the protection and promotion of human rights, the ratification of those key international human rights instruments to which Ireland is not yet a party is a priority objective. In particular, having regard to the significance of this year for the observance and promotion of human rights, marking as it does the 50th anniversary of the Universal Declaration of Human Rights, the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination this year is especially desirable.

Ratification of this UN Convention will take place as soon as the domestic legislation which is required to give effect to the Convention in Irish law has been adopted. The Employment Equality Bill, which contains most of the provisions necessary to allow Ireland to ratify this Convention, has already passed two stages in the Seanad. The Department of Justice, Equality and Law Reform is currently working on the revised Equal Status Bill which is expected to be introduced later this year. These two Bills will replace earlier pieces of legislation which were found to be unconstitutional by the Supreme Court. Once they have been passed into law, I will seek Dáil approval for ratification of the Convention.

Frances Fitzgerald

Question:

202 Ms Fitzgerald asked the Minister for Foreign Affairs when legislation will be introduced to enable Ireland to ratify Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, done at Strasbourg on 22 November 1984. [8884/98]

Protocol No. 7 the European Convention on Human Rights was opened for signature on 22 November 1984 and was signed by Ireland on that date.

The rights elaborated by the Protocol are primarily the responsibility of the Department of Justice, Equality and Law Reform, the Department of Health and Children and the Department of Social, Community and Family Affairs. The Department of Foreign Affairs plays a co-ordinating role.

The question of ratification has received preliminary consideration by the Government Departments concerned but further detailed work and consultation is necessary to establish the legal, constitutional and possible legislative implications of such a step. In particular, full account needs to be taken of the substantive legislative changes and other legal developments which have taken place in the relevant areas since our signature of the Protocol in 1984. Those complex issues involve, for example, matters relating to the expulsion of lawfully resident aliens and equality as between spouses following marital breakdown.
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