asked the Minister for Justice whether he is aware that our laws in so far as they discriminate against illegitimate children are contrary to the European Convention on Human Rights and Fundamental Freedoms; and the action he proposes to take to bring our legislation into line with the requirements of this Convention.
Ceisteanna—Questions Oral Answers. - Illegitimate Children.
26.
Since there has been no determination by the European Court of Human Rights, or otherwise under the convention, that the laws here concerned with illegitimate children are contrary to the European Convention on Human Rights and Fundamental Freedoms, the assertion in the Deputy's question to that effect is a matter of opinion. As to that part of the question which relates to proposals for future legislative changes, I would refer the Deputy to the answer I gave to written questions on 1 April, Official Report, Volume 333 columns 1335 and 1336 when I referred to the difficulty of making any useful statement at Question Time about proposals for legislation.
The Deputy will be aware of course that the question of illegitimacy is under examination by the Law Reform Commission.
May I draw the Minister's attention to the fact that approximately two years ago the European Court found the state of Belgium to be in breach of the European Convention on Human Rights, a state whose laws are similar to ours in relation to illegitimacy? In the light of that it is quite clear that our laws are equally in breach of the convention. How many cases are presently pending before the European Court against this state alleging that our laws are contrary to the European Convention on Human Rights? Has the Minister any commitment to reform the law on illegitimacy or is this just another matter in which he has passed the buck to the Law Reform Commission?
The Deputy knows that the Law Reform Commission have been dealing with this situation. It is not a question of passing the buck. The Government are committed to the abolition of the concept, taking all the other related matters into consideration at that time.
Would the Minister answer how many cases are presently pending before the European Court alleging that this state is in breach of the European Convention in relation to this matter? Could the Minister, who has expressed a belief that this law should be reformed, tell the House if and when legislation will be produced? If the Minister is not in a position to produce it, will he accept a Private Members' Bill from this side of the House to be dealt with during Government time during the next session of this Dáil?
It is a separate question.
Considering the Minister's assurance in relation to his commitment to look at the question of illegitimacy in his formal communication with the Law Reform Commission, which he assured me earlier he would make, would he try to ascertain from them when they might conclude their recommendations on this? As the Minister appreciates, the law at the moment is extremely outdated and is in urgent need of improvement.
I will do that.
Would the Minister keep the House informed of the progress of his correspondence with the Law Reform Commission because it appears, with all due deference to them, that they have not exactly been rushing in this area?
I did not have that in mind. I accept the Minister's assurance that he will communicate with the Law Reform Commission and express to them the interest of Members of this House in expediting the examination of the question.
Would the Minister agree that the recommendations contained in the report produced by the Irish Commission for Justice and Peace published this week, in which they stated that the concept of illegitimacy should be removed and recommended a variety of changes in this particular legal area, provide the necessary basis for legislation in this area? Would the Minister ask his Department to have the necessary legislation prepared?
I have already said that the Government are committed to the abolition of the concept, but it is not as simple as the Deputy appears to make it because there are other very complicated and complex matters, as the Deputy is aware.
We will produce the Bill to help the Minister and he can copy it the following day.
I hope the Deputy's party do not do it the way they produced the last one on community services.
Could we deal with Question No. 27? Question Time has gone on very well this morning. I suggest we might have Question Time during the morning.