Written Answers. - European Court of Human Rights.
Caoimhghín Ó Caoláin
Question:
308
Caoimhghín Ó Caoláin
asked the
Minister for Foreign Affairs
the Government's views on the package of measures presented by the British Government to the Committee of Ministers in Strasbourg in relation to the cases of Jordan, Kelly et al, Shanaghan and McKerr v. UK; his view on whether it complies with the judgment of the European Court of Human Rights; the interventions the Government has made at the Committee of Ministers in relation to the said case; the written representations the Government has made to the committee; if these will be placed in the Oireachtas Library; and the interventions the Government will make at the next meeting of the Committee of Ministers in relation to the case.
[1127/03]
The European Court of Human Rights, on 4 May 2001, found that in the cases of Jordan v. UK, McKerr v. UK, Kelly and others v. UK and Shanaghan v. UK, the United Kingdom was in breach of its procedural obligation to protect the right to life under Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, ECHR.
Since the judgments were delivered, the Government has been closely involved in supervising their execution at the Committee of Ministers of the Council of Europe in Strasbourg.
Under Article 46 of the ECHR, the judgments have been communicated to the Committee of Ministers, comprising the 44 member states of the Council of Europe, which has the collective responsibility of supervising their execution. While information provided by a State to the Committee of Ministers under Article 46 can be made public, the deliberations within the committee remain confidential.
The British Government has indicated that it takes the findings of the court very seriously and is determined to comply fully with the judgments. In June 2002, they presented a preliminary discussion document to interested delegations and to the secretariat of the Council of Europe. The paper was subsequently revised and on 9 October 2002 the British Government made available a package of measures which are intended to bring the procedures for the investigation of the use of lethal force by State agents in Northern Ireland into line with the court's judgments and with the UK's procedural obligations under Article 2 of the Convention.
At the Committee of Ministers' meeting on 9 October 2002, the Irish Permanent Representation stated that the Government would examine the British response. The representation in Strasbourg continues to actively monitor the position and maintains close contact with the Council of Europe secretariat, including on the modalities and timetable for execution of the judgments.
The human rights directorate of the secretariat is currently carrying out a rigorous and detailed examination of the UK's proposals for implementation of the UK's proposals which it will in due course submit to the Committee of Ministers.
The Government will be guided by the secretariat's examination in coming to a view on the manner in which the British package of measures implements the court's judgments. Our response to this complex issue, in terms of substance and presentation remains under ongoing consideration. We will also carefully examine the views expressed by other parties since the publication of the British proposals in October 2002.
Question No. 309 answered with Question No. 303.
