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Dáil

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

Gerard Lynch Mr. G. Lynch Fine Gael

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.

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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.

Comment on this
John Lynch The Taoiseach Fianna Fáil

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.

Comment on this

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

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John Lynch The Taoiseach Fianna Fáil

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

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

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

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John Lynch The Taoiseach Fianna Fáil

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

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Is it part of the original application?

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John Lynch The Taoiseach Fianna Fáil

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

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Has the Taoiseach any indication when it will be considered?

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John Lynch The Taoiseach Fianna Fáil

I am afraid not.

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