Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage
Seanad Éireann — 2021-10-07
============================================================

Barry Ward (FG), Industrial and Commercial Panel

I am sympathetic to what Senators are proposing to put in here. However, the Convention Relating to the Status of Refugees and the ECHR already apply. There is no doubt about that. That fact has been recognised by courts in this jurisdiction, in Strasbourg and elsewhere. In the circumstances, I do not think it is necessary to put this in, notwithstanding the legitimate concerns and issues that Senator Higgins has raised, the justifiable difficulty she has mentioned, and transgressions of these international agreements. I am concerned that if we put this amendment into the Bill, it would then suggest in other Acts where it has not been inserted that there is somehow less clarity about the obligations of the State under the Convention Relating to the Status of Refugees. I would be interested to hear what the Minister of State has to say but I wonder if we are creating a knock-on consequence that is unforeseen at this juncture.

---

Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted.

Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-10-07/debate/main
Retrieved: 2026-08-14T04:49:40+00:00
Sitting date: 2021-10-07