Dáil Éireann debate -
Tuesday, 19 Jun 2001

Vol. 538 No. 3

Priority Questions. - European Convention on Human Rights.

Michael D. Higgins

Question:

65 Mr. M. Higgins asked the Minister for Foreign Affairs if he will account for the delay in ratifying Protocol 7 to the European Convention on Human Rights, having regard to assurances previously given by the Minister; the specific steps already taken and remaining to be taken in connection with ratification; the precise reason such remaining steps have yet to be taken; when it is now proposed to deposit the instrument of ratification; and if he will make a statement on the matter. [17903/01]

Mr. Cowen

I regret the delay that has occurred in the ratification of Protocol 7 to the European Convention on Human Rights. I assure the Deputy that it is the intention of the Government to complete the ratification process in the near future.

The delay in completing the ratification process was due to the need to resolve a legal issue relating to Article 1(2) of the protocol, which required consultation with the Department of Justice, Equality and Law Reform and the Attorney General's office.

The issue involved concerns an inconsistency in deportation procedures between the provisions of Article 1(2) of the protocol and similar EU legislation as applied in Ireland under the European Communities (Aliens) Regulations, 1977, and the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997. I have been advised that these regulations will be amended in the context of a future Immigration and Residence Bill. However, to enable Ireland to proceed immediately with the ratification of the protocol, the Minister for Justice, Equality and Law Reform will have to give an undertaking that, pending the amendment of the regulations, they will not be applied in a manner inconsistent with the protocol when it is ratified.

I intend to submit a memorandum to the Government very soon seeking authority to ratify the protocol with a view to depositing the instrument of ratification in Strasbourg before the summer break.

Mr. M. Higgins

I am aware that it was the Department of Justice, Equality and Law Reform that was blocking the ratification. Can the Minister give assurance that the legislation which will be introduced by the Department of Justice, Equality and Law Reform, will not be narrower than Article 1(2) in the protocol?

The Minister for Foreign Affairs stated in his reply that aspects of EU law are inconsistent with the charter and that it is the charter's protection that will prevail.

Mr. Cowen

It is not correct to say the Department of Justice, Equality and Law Reform blocked it. This legal issue that arose was identified in our Department and referred to the Department of Justice, Equality and Law Reform, which sought the advice of the office of the Attorney General.

The issue is complex. Under the Immigration Act, 1999, which fully conforms to the provisions of Article 1(2) to Protocol 7, a non-EU citizen facing deportation is guaranteed more procedural safeguards than a EU citizen facing deportation under the corresponding European Community regulations of 1977 and 1997. Therefore, in certain circumstances, the EU citizen would be denied certain protections provided for by Article 1(2) of the protocol.

The problem was identified at a late stage in the consideration of the ratification process and was felt to be serious enough to warrant referral to the Department of Justice, Equality and Law Reform and to the office of the Attorney General. It was intended to have a protective instrument so EU citizens would not be disadvantaged. Pending that becoming part of a statutory provision, due within the next 12 months, an undertaking has to be given by the Department that its interpretation of the existing provisions will be in line with the protocol rather than a strict interpretation of the existing legislation, which seems to be inadequate.

Mr. M. Higgins

I want to be clear about this. Will the ratification proceed even if the amending legislation is not completed by the Houses of the Oireachtas? Is that correct?

Mr. Cowen

Yes, the way around that would be to accept the undertaking of the Department on its interpretation while I proceed with ratification before the summer break.

Mr. M. Higgins

Will it happen during this session or before the end of the year?

Mr. Cowen

I intend to go to Government probably within a month to ask for formal ratification and then to lodge the instrument before the summer break.