Seanad Éireann debate -
Wednesday, 10 Dec 1958

Vol. 50 No. 3

Business of Seanad.

An Cathaoirleach

With regard to the motion relating to internees standing in the name of Senator Sheehy Skeffington I understand that a process has been commenced as a result of which a case, which has a bearing on the subject matter of this motion, may come before the Court of Human Rights. As the State has accepted the jurisdiction of the Court of Human Rights, I am ruling that the matter is sub judice at the moment and may not be debated pending the judicial determination of the case referred to.

The Senator has been notified earlier of my decision.

Dr. Sheehy Skeffington

I accept your ruling, but I should like to submit that the subject of my motion is not the Human Rights Convention. It is not mentioned in my motion. All the Strasbourg plea seeks to do as I understand it, is to try to prove that the Government acted ultra vires in interning these people. My motion makes no such suggestion. It asks that they should now be charged and tried by the ordinary courts.

Thirdly, my motion deals explicitly with the internees, whereas the case before the Court of Human Rights deals solely with a man who is not in fact an internee at all, a man who has been released, and to whom my motion could not apply.

An Cathaoirleach

The Chair has given very careful consideration to this matter and is satisfied that debate could prejudice the fair and impartial hearing of the case. The Chair has ruled that the court is in a similar position to our domestic courts on matters within its competency. The Senator will appreciate that the motion itself is not being ruled out but merely deferred for consideration to a later date.

Dr. Sheehy Skeffington

I accept your ruling.