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Dáil Éireann díospóireacht -
Tuesday, 16 Dec 1958

Vol. 171 No. 16

Ceisteanna—Questions. Oral Answers. - International Court of Human Rights: Nominations.

19.

asked the Minister for External Affairs whether he is aware that the Consultative Assembly of the Council of Europe by resolution requested the Governments of member States to forward nominations for selection by the Assembly of Members of the International Court of Human Rights before the next meeting of the Assembly in January; and, if so, whether the Government intend to forward their nominations before that date.

20.

asked the Minister for External Affairs whether the Government have as yet decided on the manner of selecting the names of three persons to be nominated by the Government for selection by the Consultative Assembly of the Council of Europe for membership of the International Court of Human Rights; and, if not, if he will state the reasons for the delay in arriving at such decision; and if he will give the Dáil an opportunity of discussing the method of selection and the persons so nominated.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 19 and 20 together.

I assume that the Deputy means to refer to the European Court of Human Rights.

As the Deputy will be aware, Article 39 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides that the persons from whom the members of the European Court are to be elected by the Consultative Assembly of the Council of Europe shall be nominated by the Members of the Council of Europe, that is by the Governments of the countries belonging to that organisation. Accordingly, the Government have forwarded three nominations to the Secretary General of the Council.

As under the convention the responsibility for selecting the persons to be nominated rests on the Government it is not necessary to have a formal debate on the subject, and the conditions concerning the appointment of members of the court render such a course in my view undesirable. I would, however, be happy to discuss the matter with the Deputy and the other delegates to the Consultative Assembly.

When were the three people nominated, could we know?

Very, very recently, as far as I am aware.

Is the Minister prepared to give the names?

I would prefer to leave the Minister to meet the delegates.

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