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Dáil Éireann díospóireacht -
Wednesday, 8 Mar 1972

Vol. 259 No. 8

Ceisteanna-Questions. Oral Answers. - Northern Ireland Act.

1.

asked the Taoiseach if he will now make a statement concerning the observations of the Attorney General on the implications of the recent retrospective legislation passed by the British Parliament.

2.

asked the Taoiseach if, in view of the recent action of the Westminster Government in passing the Northern Ireland Act, 1972 and the inherent contravention of the Anglo-Irish Treaty of 1921 contained therein, amounting to a breach of international law, the Government intend to raise the matter at the International Court at the Hague; if not, why; and if he will make a statement on the matter.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 1 and 2 together.

While the advice of the Attorney General is confidential, I can say that, as a result of the observations of the Attorney General on the effects of the Northern Ireland Act, 1972, it has been decided that a further application to the European Commission of Human Rights is called for as part of our original case to that body and such action has been taken. In these circumstances, I am not in a position to make a detailed statement as the matter is sub judice before the commission.

I do not consider that action in relation to the International Court of Justice is called for in the circumstances.

May I ask the Taoiseach to define what he terms "sub judice” in relation to matters like this?

I am sure the Deputy has as much training in Latin as I have.

"Sub” is under and “judice” is to judge.

Can the Taoiseach state if this is just a technical point?

No. The matter is part of our application to the Commission of Human Rights.

Is it part of the original application?

It is permissible so to frame applications that new submissions may be added to an original submission.

Has the Taoiseach any indication when it will be considered?

I am afraid not.

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