Dáil Éireann debate -
Tuesday, 2 Mar 1999

Vol. 501 No. 3

Written Answers. - Civil Rights Covenant.

Proinsias De Rossa

Question:

138 Proinsias De Rossa asked the Minister for Foreign Affairs the text of Ireland's reservations to the International Covenant on Civil and Political Rights; the plans, if any, there are to withdraw any of these; if so, when they will be withdrawn; if any reservations which are no longer applicable have been formally withdrawn; if not, when this will take place; and if he will make a statement on the matter. [5881/99]

Minister for Foreign Affairs (Mr. Andrews)

The International Covenant on Civil and Political Rights was signed by Ireland on 1 October 1973 and ratified on 8 December 1989. Upon ratification, Ireland made reservations to Articles 6(5), 10(2), 14, 19(2), 20(1) and 23(4). The reservation entered to Article 6(5), regarding the death penalty, was withdrawn.

On 24 August 1998, Ireland transmitted notification of the withdrawal of the reservation to Article 14(6) and the reservation to Article 23(4) of the Covenant to the Secretary General of the United Nations. The enactment of the Criminal Procedure Act, 1993, which makes legislative provision for compensation of miscarriages of justice, rendered Ireland's reservation to Article 14(6) of the covenant, which provides that such compensation may be made by administrative rather that legal means, unnecessary.

The Reservation to Article 23(4), which arose out of the former prohibition on divorce, was withdrawn further to the amendment of Article 41 of the Constitution and the subsequent enactment of the Family Law (Divorce) Act, 1996.

Ireland maintains the following reservations to the International Covenant on Civil and Political Rights: The reservation to Article 10(2) states: Ireland accepts the principles referred to in paragraph 2 of Article 10 and implements them so far as practically possible. It reserves the right to regard full implementation of these principles as objectives to be achieved progressively.

The Reservation to Article 14 states: Ireland reserves the right to have minor offences against military law dealt with summarily in accordance with current procedures which may not, in all respects, conform to the requirements of Article 14 of the Covenant.

The Reservation to Article 19 paragraph 2, states: Ireland reserves the right to confer a monopoly on or to require the licensing of broadcasting enterprises.

The Reservation of Article 20, paragraph 1, states: Ireland accepts the principle in paragraph 1 of Article 20 and implements it as far as it is practicable. Having regard to the difficulties in formulating a specific offence capable of adjudication at national level in such a form as to reflect the general principles of law recognized by the community of nations as well as the right to freedom of expression, Ireland reserves the right to postpone consideration of the possibility of introducing some legislative addition to, or variation of, existing law until such time as it may consider that such is necessary for the attainment of the objective of paragraph 1 of Article 20.