UN concern over Irish rights

The United Nations Human Rights Committee has criticised the State over a number of provisions which fall short of the International Covenant on Civil and Political Rights, to which Ireland is a signatory.

The committee was responding to reports on the implementation of the covenant which the Government is required to usually make every five years.

It said it appreciated the quality of the reports themselves and it noted with satisfaction that the State had retained its democratic institutions despite the problems of terrorism. It also welcomed the recently enacted Human Rights Commission Act and the increased reference to the UN covenants on human rights by the courts as an aid to the interpretation of common law and constitutional rights.

Further provisions to monitor human rights welcomed by the committee included the Constitutional Review Group and the joint Department of Foreign Affairs/Non-Governmental Organisations Standing Committee on Human Rights.

However, the UN committee had difficulty with some judicial processes, including the continued operation of the Special Criminal Court, recommending that steps be taken to end its jurisdiction.

It regretted that the Garda Complaints Board was "not fully independent" and that "investigations of complaint against the Garda are often entrusted to members of the Garda without consultation with the board".

The committee also found difficulty with the seven-day detention period provision in the Drug Trafficking Act. Also criticised was Article 41 (2) of the Constitution which mentions the place of women in the home, the standards of treatment of prisoners and the circumstances in which women may find access to abortion restricted.

It also criticised some exemptions under the Employment Equality Act which allow for religious discrimination, ie. where an order controls a hospital.

Following the commission's report yesterday, the Irish Council for Civil Liberties called on the Minister for Justice to expedite any proposals he had for change in what it called "police accountability".

It also said the recommendations on independent investigations had a significant implication on the case of John Carthy,, who was killed in a siege at Abbeylara earlier this year.