North talks may require changes in Constitution

Negotiations on a bill of rights for Northern Ireland, which could require changes in the Irish Constitution, will begin at the Northern talks next week.

This arises from the commitment in the Propositions on Heads of Agreement document to provide for the safeguarding of the rights of both communities "through arrangements for the comprehensive protection of fundamental human, civil, political, social, economic and cultural rights".

This will be achieved in Northern Ireland, according to the document, by bringing forward a bill of rights supplementing the provisions of the European Convention on Human Rights.

The Government is also committed to taking "appropriate steps to ensure an equivalent level of protection in the Republic".

The Taoiseach has confirmed that there are "areas of conflict" between the Constitution and the European Convention, should the Government decide to incorporate it into Irish law.

Outlining the "difficulties and differences with our position", Mr Ahern explained that difficulties could arise in regard to the issues where case law that had been either explicitly or implicitly dealt with in the Constitution or by the courts would be at variance with the European Court of Human Rights.

These issues had to be dealt with in a Northern settlement, he added, indicating the Government had grave reservations about fully incorporating the European Convention into Irish law.

The Fine Gael leader, Mr John Bruton, will question the Taois each on the implications of his undertaking in the Propositions document in the Dail next week.

He will ask, in particular, if it is proposed to amend Articles 40 to 44 of the Constitution, the fundamental rights provisions, for this purpose of providing the "equivalent level" of protection of rights, North and South of the Border.