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Dáil
‹ Ceisteanna — Questions. Oral Answers. - Court of Human Rights Judgment.

Norris judgment and possible legislation

Summary

The Minister said the European Court of Human Rights judgment in the Norris case was under detailed examination, and that the Government would decide later whether legislative or other action was needed. He gave no timetable or commitment to amend the laws, saying the matter would be submitted to the Government once the study was complete.

asked the Minister for Justice whether the Government intend to introduce legislation to delete the salient provisions of the Offences Against the Person Act, 1861, and the Criminal Law Amendment Act, 1885, in order to comply with the recent decision of the European Court of Human Rights in the case of Norris and Ireland.

34.

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asked the Minister for Justice the legislative action the Government intend to take to comply with the requirements of the European Court of Human Rights in the case taken by Senator David Norris; and if he will make a statement on the matter.

90.

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asked the Minister for Justice if he will make a statement on the implications of the judgment of the European Court of Human Rights in Strasbourg in the case of Senator David Norris; and if he will make a statement on the matter.

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I propose to take Questions Nos. 51, 34 and 90 together. The judgment of the European Court of Human Rights in the Norris case is being examined in my Department. Until that examination has been completed and the Government have taken decisions as to any steps necessary arising out of the judgment, I cannot comment on its legislative or other implications. Any Government decisions will, of course, be announced in the usual way in due course.

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Seán Treacy An Ceann Comhairle Independent

May I appeal for co-operation so that the Chair may dispose of the five questions before him before the prescribed time which is 3.45 p.m. Deputy Colley, a brief question, please.

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In the light of the Minister's reply may I ask him if it is the intention of the Government to take whatever advice is given by the Attorney General and whether, if certain Acts require amending, it is the intention of the Government to move quickly on that and to introduce amending legislation?

Comment on this

The judgment of the European Court was received as recently as 26 October and this judgment is receiving in-depth consideration so that an informed decision can be taken as to any legislative or other steps which may be necessary arising out of it. It would be inappropriate to make any further comment on the matter until this study has been completed and the matter submitted to the Government for consideration and decision.

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Seán Treacy An Ceann Comhairle Independent

Question No. 52.

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May I ask a final supplementary?

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Seán Treacy An Ceann Comhairle Independent

A very brief question, Deputy.

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It is my Priority Question.

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Seán Treacy An Ceann Comhairle Independent

There are other Priority Questions which also have to be disposed of.

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May I ask the Minister to give some indication to the House as to the length of time he envisages this in-depth investigation will take?

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Whatever time is necessary to have the matter properly——

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Please, Minister——

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May I be allowed to answer the Deputy's question? Does she want me to answer her question?

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I do indeed.

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Please give me a chance then. A full and proper study will be made of that decision. As I have already said the matter will be examined in depth and, as the Deputy knows, submissions will then be made to the Government with regard to proposals, if any, and at that stage the decision of the Government will be announced.

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What priority is it going to receive?

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Seán Treacy An Ceann Comhairle Independent

Next question, Deputy Barrett's question.

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