Dáil Éireann debate -
Wednesday, 9 May 2001

Vol. 535 No. 5

Written Answers - Death Penalty.

Jack Wall

Question:

63 Mr. Wall asked the Minister for Foreign Affairs if he has made or intends to make any representations to the US authorities regarding the continued use of the death penalty by that country, especially having regard to the proposal to remove all references to the death penalty from the Irish Constitution; and if he will make a statement on the matter. [12922/01]

Minister for Foreign Affairs (Mr. Cowen)

The Government is adamantly opposed to the use of the death penalty and accordingly seeks its universal abolition. We believe that its abolition contributes to the enhancement of human dignity and the progressive development of human rights.

This commitment is reflected in the Government's proposal to amend Articles 13.6, 40.4.5, and 28.3.3 of the Constitution. Following the recommendations of both the Oireachtas All-Party Committee on the Constitution and the report of the constitutional review group, these amendments would involve withdrawing all present references to capital punishment and drafting a new provision expressly prohibiting its use.

In June 1998, common guidelines for European Union initiatives on the issue of the death penalty were agreed and adopted by EU Foreign Ministers. These guidelines now form the basis for Ireland's concerted interventions, along with other EU member states, in death penalty issues. The Government is strongly of the view that an EU intervention carries significantly greater force than individual bilateral interventions by national Governments.

The guidelines state that, where the death penalty still exists, the EU will continue to press for its use to be progressively restricted and for moratoria to be introduced. In addition to interventions on the use of the death penalty in principle, it has also been agreed that, where the facts of individual cases suggest a violation of basic minimum standards under international law, the Union will consider making a specific intervention.

Since the adoption of the guidelines, the EU has pressed for abolition and has also issueddémarches on the use of the death penalty in a number of countries, including the United States. In February 2000 a general démarche was made by the EU in which the US was called upon to withdraw its reservation to Article 6 of the International Convention on Civil and Political Rights, concerning the prohibition on imposing the death penalty on minors. This was accompanied by a presentation to the US federal and state authorities, of a memorandum presenting an overview of the principles, experiences, policies and alternative solutions guiding the abolitionist movement in Western Europe. In July 2000 Ireland was fully associated with a further EU démarche when it appeared that the de facto moratorium on federal executions in the US would be ended.

Ireland has been and will continue to be active in international human rights fora in relation to the death penalty. I am pleased to inform the Deputy that the EU-sponsored resolution on the question of the death penalty was adopted following a vote at the recently concluded 57th session of the UN Commission on Human Rights.