Róisín Shortall
Ceist:86 Ms Shortall asked the Minister for Foreign Affairs if he will urge the EU to become a signatory to the European Convention on Human Rights; and if he will make a statement on the matter. [8478/00]
Written Answers. - European Convention on Human Rights.
The question of accession by the EU to the European Convention on Human Rights (ECHR) has arisen in the context of discussions in the body, known as the "Convention", which has been established to elaborate a draft charter of fundamental rights.
The Council of Europe, which is an observer at the convention, is concerned at the potential implications of the EU Charter for the human rights standards set by the Council of Europe, with particular regard to the ECHR. The Council of Europe believes that the most effective way of clarifying the relationship between the charter and the ECHR would be for the EU to accede to the ECHR. A number of members of the Convention have also advocated Union accession to the ECHR as at least a partial solution to the problem of potential conflicts.
As Community law now stands, the EU has no competence to accede to the ECHR, and accession would, therefore, require treaty amend ments. This would, of course, necessitate the holding of a referendum in Ireland.
The Convention has been tasked to present a draft charter in advance of the December 2000 European Council. The Government will continue to follow closely the discussions in the Convention, including discussion in relation to the question of accession by the EU to the ECHR, through the Taoiseach's representative, Deputy O'Kennedy. The Government is concerned that, whatever the outcome of the process, it cannot be achieved at the cost of creating a two-tiered jurisdiction in human rights to the detriment of overall human rights protection.