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13 July 2000
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Human Rights Committee
69th Session
13 July 2000
Afternoon
Ireland Determined to Combat Racism And Racist Violence, Delegation Affirms
The Human Rights Committee this afternoon started its consideration of a second periodic report of Ireland with Government officials saying that they were determined to advance initiatives to combat racism and racist violence through informing public opinion and promoting tolerance.
Presenting the report, Michael Mcdowell, Attorney-General of Ireland, affirmed that an integrated approach against racism and towards the promotion of an inclusive, tolerant, intercultural society was being developed by the Government and its social partners.
Over the course of their consideration of the report, Committee members queried the delegation, among other things, on such issues as alternative prison systems to avoid overcrowding, appropriate investigation of deaths in police custody, detention of asylum-seekers, and the jurisdiction of military courts over civilian cases.
The Irish delegation was also made up of Anne Anderson, Permanent Representative of Ireland to the United Nations Office at Geneva; Richard Barrett, Second Legal Assistant at the Office of the Attorney-General; Michael Flahive and Brian Ingoldsby, Principal Officers in the Department of Justice, Equality and Law Reform; John Rowan, Director, Human Rights Unit, Department of Foreign Affairs; Sinead McSweeney, Special Assistant to the Attorney-General; Seamus Hanrahan, Assistant Principal Officer, Department of Justice, Equity and Law Reform; and Eamonn MacAodha, First Secretary at the Irish Permanent Mission at Geneva.
As one of the 145 States to the International Covenant on Civil and Political Rights, Ireland must provide the Committee with periodic reports on its efforts to give effect to the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 14 July, it will conclude its consideration of the report of Ireland.
Report of Ireland
The second periodic report of Ireland (document CCPR/C/IRL/98/2) describes on an article-by-article basis the legislative, judicial,
administrative or other measures which are in place in Ireland to give effect to the International Covenant on Civil and Political Rights. The report says that because of the dualist nature of Ireland's legal system, the provisions of the Covenant cannot be invoked and directly enforced by the courts, and that it is necessary to examine the extent to which Irish law itself correctly reflects the obligations of the Covenant.
The report says that human rights education is forming an increasingly important part of a range of university courses throughout the country; education in relation to human rights is customary for all members of the police force; and human rights education is also provided as part of the Law Society's professional course for apprentice solicitors.
While there are very few Irish laws that treat non-nationals differently from citizens, some discriminatory provisions do exist in Irish law. These pertain, for the most part, to political life, requirements for jury service, ownership of land, Irish-registered ships and aircraft,as well as conditions which must be satisfied by an individual wishing to become an officer in the defence force.
Presentation of Irish Report
MICHAEL MCDOWELL, Attorney-General of Ireland , said that there existed at the heart of the Irish Constitution a system of fundamental rights which were guaranteed and vindicated by right of action in the Irish courts. But the duty of upholding those rights and implementing them was cast on every organ of the Irish State and the guarantee of implementation was the capacity of the Irish courts to require and exact compliance not merely from the State but also from private citizens and organizations. The fundamental rights guaranteed in the Irish Constitution were, accordingly, given both vertical and horizontal application and vindication.
Mr. Mcdowell continued to say that it was the entitlement of every person in Ireland to obtain vindication of their fundamental rights as guaranteed by Irish law. Access to the courts exercising constitutional functions was guaranteed, both in law and in fact, to everyone in the country. In addition, there was a comprehensive system of judicial review which made all public administrative acts legally reviewable and which guaranteed redress to anyone affected by the improper use of administrative and legal powers.
Turning to another subject, Mr. Mcdowell recalled that the conclusion of the Good Friday Agreement, reached in the Multi-Party Negotiations in Northern Ireland on 10 June 1998, was a significant development. The agreement was endorsed by all the people of Ireland, North and South, in referenda in May 1998. In the intervening period, there had been difficulties in its implementation but the Irish Government had worked consistently to overcome those obstacles. Doubtless, more obstacles would emerge to its full implementation in the future but those would be overcome with the same spirit of determination and conciliation.
Another emerging challenge and opportunity in the human rights field in Ireland was the comparatively recent issue of asylum-seekers and economic migrants, Mr. McDowell continued to say. That phenomenon had taken the country, to some extent, by surprise and the Irish Government was implementing a legislative and administrative response which fully vindicated its obligations under international law and which fully respected the human rights of those seeking to enter Ireland. Ireland was currently receiving the second largest inflow among European Union member States.
Over the last three years, Ireland had prioritized the development, enactment and implementation on a considerably broader base, a comprehensive legal infrastructure for equality, the delegation said. The legislative measures to combat discrimination concerned a number of subjects, including gender, sexual orientation, religious belief or unbelief, race and membership of the travelling community, among others.
In conclusion, Mr. Mcdowell affirmed that his Government was determined to advance initiatives to combat racism and racist violence through informing public opinion and promoting tolerance. An integrated approach against racism and towards the promotion of an inclusive, tolerant, intercultural society was being developed by the Government and its social partners.
Discussion
In response to written questions prepared by Committee experts and handed over to the delegation in advance, the Irish officials stressed that in recent years, there had been an increasing use of and reference to the Covenant and other international human rights documents. They had been used by the courts as an aid to the interpretation of common law principles or constitutional rights.
The opening of the new prison at Cloverhill provided 400 spaces in a separate facility for male remand prisoners. It took its first prisoners in November 1999, the delegation said. At present, the prison accommodated about 250 prisoners. In addition, a new Bill had been published on handling young offenders under the age of 18 years which required separate detention centres for the accommodation of male and female juvenile offenders.
In 1996, the complaints board had referred 137 complaints against the police to the Director of Public Prosecutor. One case was dealt with in the same year, resulting in the court finding the police member involved not guilty. The other cases had not yet been dealt with by year's end, the delegation said. In 1998, 1,923 complaints required attention. Currently, a review of the operation of the 1989 Act was being conducted with a view to strengthening the operation of the Board of Complaints in delivering an efficient and independent complaint system.
The Human Rights Commission, which would be established soon, was expected to play an important part in overlooking the implementation of the various provisions of international conventions and other instruments, the delegation said. Already, in 1996, a Human Rights Unit was established in the Department of Foreign Affairs. In 1997, a Standing Interdependent Committee on Human Rights was also established with the purpose of expediting the legislation necessary for the ratification of international instruments.
The Irish Government was strongly committed to the principle that all persons deprived of their liberty should be treated with humanity and dignity, the delegation said. The daily average number of prisoners in custody for 1999 was 2,763, of which an estimated 2.7 per cent were female. While the level of imprisonment had grown over the past decade, the present rate of 76 per 100,000 of the general population remained consistent with the average for Western Europe.
Overcrowding among women prisoners and in St. Patrick's Institution was alleviated with the opening of a new women's prison, the Irish officials said. But overcrowding remained in the new prison due to the fact that it was not operating with its full capacity. In order to reduce prison overcrowding, the Government had encouraged temporary release of the total number serving prison sentences.
Despite Ireland's reservation in relation to the right to confer a monopoly, the country's law allowed for independent broadcasting since 1988, the delegation said. In addition to the national broadcasting service, over twenty independent local radio stations, an independent national radio station and an independent national television station had commenced operations.
Asked if abortion was prohibited and if there were any exceptions, the delegation said that abortion was an offence under the country's law except in cases threatening the life of the mother. The risk of suicide by the mother might constitute a real and substantial risk for abortion. In that case, termination of pregnancy was permissible.
Following the responses by the Irish delegation, Committee experts raised a number of questions. An expert asked the extent of the independence of the future human rights commission which would be established in accordance with the Paris agreement on the subject. A question was also asked if the Government was implementing alternative prison systems in order to avoid prison overcrowding.
Another expert wanted to know if appropriate investigations were carried out following incidents resulting in death in the hands of the Irish authorities. Citing a case which involved deprivation of life by police officers, the expert said some inquiries were kept behind the scene, lacking adequate investigation. The expert further wanted to know if investigations of complaints against the police were independently carried out by the authorities.
What were the circumstances in which asylum-seekers were detained, an expert asked. Did they continue to be detained even if their demands were rejected and they had no place to go? Were their children sent to school?
Did the military courts exercise civilian jurisdiction, another expert asked, requesting further information on the issue.
* *** *
69th Session
13 July 2000
Afternoon
Ireland Determined to Combat Racism And Racist Violence, Delegation Affirms
The Human Rights Committee this afternoon started its consideration of a second periodic report of Ireland with Government officials saying that they were determined to advance initiatives to combat racism and racist violence through informing public opinion and promoting tolerance.
Presenting the report, Michael Mcdowell, Attorney-General of Ireland, affirmed that an integrated approach against racism and towards the promotion of an inclusive, tolerant, intercultural society was being developed by the Government and its social partners.
Over the course of their consideration of the report, Committee members queried the delegation, among other things, on such issues as alternative prison systems to avoid overcrowding, appropriate investigation of deaths in police custody, detention of asylum-seekers, and the jurisdiction of military courts over civilian cases.
The Irish delegation was also made up of Anne Anderson, Permanent Representative of Ireland to the United Nations Office at Geneva; Richard Barrett, Second Legal Assistant at the Office of the Attorney-General; Michael Flahive and Brian Ingoldsby, Principal Officers in the Department of Justice, Equality and Law Reform; John Rowan, Director, Human Rights Unit, Department of Foreign Affairs; Sinead McSweeney, Special Assistant to the Attorney-General; Seamus Hanrahan, Assistant Principal Officer, Department of Justice, Equity and Law Reform; and Eamonn MacAodha, First Secretary at the Irish Permanent Mission at Geneva.
As one of the 145 States to the International Covenant on Civil and Political Rights, Ireland must provide the Committee with periodic reports on its efforts to give effect to the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 14 July, it will conclude its consideration of the report of Ireland.
Report of Ireland
The second periodic report of Ireland (document CCPR/C/IRL/98/2) describes on an article-by-article basis the legislative, judicial,
administrative or other measures which are in place in Ireland to give effect to the International Covenant on Civil and Political Rights. The report says that because of the dualist nature of Ireland's legal system, the provisions of the Covenant cannot be invoked and directly enforced by the courts, and that it is necessary to examine the extent to which Irish law itself correctly reflects the obligations of the Covenant.
The report says that human rights education is forming an increasingly important part of a range of university courses throughout the country; education in relation to human rights is customary for all members of the police force; and human rights education is also provided as part of the Law Society's professional course for apprentice solicitors.
While there are very few Irish laws that treat non-nationals differently from citizens, some discriminatory provisions do exist in Irish law. These pertain, for the most part, to political life, requirements for jury service, ownership of land, Irish-registered ships and aircraft,as well as conditions which must be satisfied by an individual wishing to become an officer in the defence force.
Presentation of Irish Report
MICHAEL MCDOWELL, Attorney-General of Ireland , said that there existed at the heart of the Irish Constitution a system of fundamental rights which were guaranteed and vindicated by right of action in the Irish courts. But the duty of upholding those rights and implementing them was cast on every organ of the Irish State and the guarantee of implementation was the capacity of the Irish courts to require and exact compliance not merely from the State but also from private citizens and organizations. The fundamental rights guaranteed in the Irish Constitution were, accordingly, given both vertical and horizontal application and vindication.
Mr. Mcdowell continued to say that it was the entitlement of every person in Ireland to obtain vindication of their fundamental rights as guaranteed by Irish law. Access to the courts exercising constitutional functions was guaranteed, both in law and in fact, to everyone in the country. In addition, there was a comprehensive system of judicial review which made all public administrative acts legally reviewable and which guaranteed redress to anyone affected by the improper use of administrative and legal powers.
Turning to another subject, Mr. Mcdowell recalled that the conclusion of the Good Friday Agreement, reached in the Multi-Party Negotiations in Northern Ireland on 10 June 1998, was a significant development. The agreement was endorsed by all the people of Ireland, North and South, in referenda in May 1998. In the intervening period, there had been difficulties in its implementation but the Irish Government had worked consistently to overcome those obstacles. Doubtless, more obstacles would emerge to its full implementation in the future but those would be overcome with the same spirit of determination and conciliation.
Another emerging challenge and opportunity in the human rights field in Ireland was the comparatively recent issue of asylum-seekers and economic migrants, Mr. McDowell continued to say. That phenomenon had taken the country, to some extent, by surprise and the Irish Government was implementing a legislative and administrative response which fully vindicated its obligations under international law and which fully respected the human rights of those seeking to enter Ireland. Ireland was currently receiving the second largest inflow among European Union member States.
Over the last three years, Ireland had prioritized the development, enactment and implementation on a considerably broader base, a comprehensive legal infrastructure for equality, the delegation said. The legislative measures to combat discrimination concerned a number of subjects, including gender, sexual orientation, religious belief or unbelief, race and membership of the travelling community, among others.
In conclusion, Mr. Mcdowell affirmed that his Government was determined to advance initiatives to combat racism and racist violence through informing public opinion and promoting tolerance. An integrated approach against racism and towards the promotion of an inclusive, tolerant, intercultural society was being developed by the Government and its social partners.
Discussion
In response to written questions prepared by Committee experts and handed over to the delegation in advance, the Irish officials stressed that in recent years, there had been an increasing use of and reference to the Covenant and other international human rights documents. They had been used by the courts as an aid to the interpretation of common law principles or constitutional rights.
The opening of the new prison at Cloverhill provided 400 spaces in a separate facility for male remand prisoners. It took its first prisoners in November 1999, the delegation said. At present, the prison accommodated about 250 prisoners. In addition, a new Bill had been published on handling young offenders under the age of 18 years which required separate detention centres for the accommodation of male and female juvenile offenders.
In 1996, the complaints board had referred 137 complaints against the police to the Director of Public Prosecutor. One case was dealt with in the same year, resulting in the court finding the police member involved not guilty. The other cases had not yet been dealt with by year's end, the delegation said. In 1998, 1,923 complaints required attention. Currently, a review of the operation of the 1989 Act was being conducted with a view to strengthening the operation of the Board of Complaints in delivering an efficient and independent complaint system.
The Human Rights Commission, which would be established soon, was expected to play an important part in overlooking the implementation of the various provisions of international conventions and other instruments, the delegation said. Already, in 1996, a Human Rights Unit was established in the Department of Foreign Affairs. In 1997, a Standing Interdependent Committee on Human Rights was also established with the purpose of expediting the legislation necessary for the ratification of international instruments.
The Irish Government was strongly committed to the principle that all persons deprived of their liberty should be treated with humanity and dignity, the delegation said. The daily average number of prisoners in custody for 1999 was 2,763, of which an estimated 2.7 per cent were female. While the level of imprisonment had grown over the past decade, the present rate of 76 per 100,000 of the general population remained consistent with the average for Western Europe.
Overcrowding among women prisoners and in St. Patrick's Institution was alleviated with the opening of a new women's prison, the Irish officials said. But overcrowding remained in the new prison due to the fact that it was not operating with its full capacity. In order to reduce prison overcrowding, the Government had encouraged temporary release of the total number serving prison sentences.
Despite Ireland's reservation in relation to the right to confer a monopoly, the country's law allowed for independent broadcasting since 1988, the delegation said. In addition to the national broadcasting service, over twenty independent local radio stations, an independent national radio station and an independent national television station had commenced operations.
Asked if abortion was prohibited and if there were any exceptions, the delegation said that abortion was an offence under the country's law except in cases threatening the life of the mother. The risk of suicide by the mother might constitute a real and substantial risk for abortion. In that case, termination of pregnancy was permissible.
Following the responses by the Irish delegation, Committee experts raised a number of questions. An expert asked the extent of the independence of the future human rights commission which would be established in accordance with the Paris agreement on the subject. A question was also asked if the Government was implementing alternative prison systems in order to avoid prison overcrowding.
Another expert wanted to know if appropriate investigations were carried out following incidents resulting in death in the hands of the Irish authorities. Citing a case which involved deprivation of life by police officers, the expert said some inquiries were kept behind the scene, lacking adequate investigation. The expert further wanted to know if investigations of complaints against the police were independently carried out by the authorities.
What were the circumstances in which asylum-seekers were detained, an expert asked. Did they continue to be detained even if their demands were rejected and they had no place to go? Were their children sent to school?
Did the military courts exercise civilian jurisdiction, another expert asked, requesting further information on the issue.
* *** *