Dáil Éireann debate -
Wednesday, 18 Oct 2000

Vol. 524 No. 3

Written Answers. - European Charter of Human Rights.

Bernard J. Durkan

Question:

87 Mr. Durkan asked the Minister for Foreign Affairs the Government's position on the European Charter of Fundamental Human Rights as put forward in Biarritz, France; and if he will make a statement on the matter. [22631/00]

Bernard J. Durkan

Question:

90 Mr. Durkan asked the Minister for Foreign Affairs the status of the European Charter of Fundamental Human Rights in the context of European enlargement and integration; and if he will make a statement on the matter. [22634/00]

Bernard J. Durkan

Question:

91 Mr. Durkan asked the Minister for Foreign Affairs if the European Charter of Fundamental Human Rights will have the status of a treaty; if it will require a referendum or merely a political declaration; if he will indicate his support for one or either option; and if he will make a statement on the matter. [22635/00]

Minister for Foreign Affairs (Mr. Cowen)

I propose to take Questions Nos. 87, 90 and 91 together.

The European Council in Biarritz approved the text of the draft European Charter of Fundamental Rights. In June 1999, the European Council meeting at Cologne decided that

A body composed of representatives of the Heads of State and Government and the President of the Commission as well as members of the European Parliament and national parliaments should elaborate a Charter that should contain the fundamental rights and freedoms as well as basic procedural rights guaranteed by the European Convention for the protection of Human Rights and Fundamental Freedoms and derived from the constitutional traditions common to the Member States, as general principles of Community law.

The Council had agreed that a draft document should be presented in advance of the European Council in Nice in December 2000. It was further agreed that this document should be presented to the informal European Council in Biarritz.

The Taoiseach's representative, Deputy O'Kennedy, was unable to give his assent to the draft that was agreed by other members of the convention on 2 October as the text was still being considered by Government Departments and the Office of the Attorney General. As a result of those consultations, Ireland made a statement at the General Affairs Council in Luxembourg on 9 October, indicating our acceptance of the draft on the understanding that the charter would take the form of a political declaration. Ireland is opposed to the adoption of a legally binding instrument. At the informal European Council in Biarritz last week, the Taoiseach reiterated the opinion that the charter should be a political declaration.

The draft will now be presented to the European Council in Nice on 9 and 10 December. On that occasion, the council will propose to the European Parliament and the commission that, together with the council, they should solemnly proclaim a European charter of fundamental rights. The status of the charter may be discussed at Nice, but it is likely that further discussions will take place at a later date. It remains the view of Ireland that the charter should remain a political declaration. If the charter were to have legal status, then it would appear likely that it would need to be the subject of a referendum.