European convention on human rights act 2003

• Enactment Date: 30 June 2003
• Act Number: 20

Number 20 of 2003
EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Interpretation of laws. 3. Performance of certain functions in a manner compatible with Convention provisions. 4. Interpretation of Convention provisions. 5. Declaration of incompatibility. 6. Notice of proceedings under Act. 7. Amendment of Human Rights Commission Act 2000. 8. Expenses. 9. Short title and commencement.
SCHEDULE 1
Convention for the Protection of Human Rights and Fundamental Freedoms
SCHEDULE 2
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
SCHEDULE 3
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms securing certain rights and freedoms other than those already included in the convention and in the first protocol thereto
SCHEDULE 4
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty
SCHEDULE 5
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Act Referred to Human Rights Commission Act 2000 2000, No. 9
Number 20 of 2003
EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003
AN ACT TO ENABLE FURTHER EFFECT TO BE GIVEN, SUBJECT TO THE CONSTITUTION, TO CERTAIN PROVISIONS OF THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS DONE AT ROME ON THE 4th DAY OF NOVEMBER 1950 AND CERTAIN PROTOCOLS THERETO, TO AMEND THE HUMAN RIGHTS COMMISSION ACT 2000 AND TO PROVIDE FOR RELATED MATTERS. [30th June, 2003]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act unless the context otherwise requires—
	“the Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 1 to this Act), as amended by Protocol No. 11 done at Strasbourg on the 11th day of May, 1994;
	“Convention provisions” means, subject to any derogation which the State may make pursuant to Article 15 of the Convention, Articles 2 to 14 of the Convention and the following protocols thereto as construed in accordance with Articles 16 to 18 of the Convention:
	(a) the Protocol to the Convention done at Paris on the 20th day of March, 1952;
	(b) Protocol No. 4 to the Convention securing certain rights and freedoms other than those already included in the Convention and in the First Protocol thereto done at Strasbourg on the 16th day of September, 1963;
	(c) Protocol No. 6 to the Convention concerning the abolition of the death penalty done at Strasbourg on the 28th day of April, 1983;
	(d) Protocol No. 7 to the Convention done at Strasbourg on the 22nd day of November, 1984;
	(the texts of which protocols, in the English language, are, for convenience of reference, set out in Schedules 2 , 3 , 4 and 5 respectively, to this Act);
	“declaration of incompatibility” means a declaration under section 5 ;
	“European Court of Human Rights” shall be construed in accordance with section 4 ;
	“functions” includes powers and duties and references to the performance of functions includes, as respects powers and duties, references to the exercise of the powers and the performance of the duties;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“organ of the State” includes a tribunal or any other body (other than the President or the Oireachtas or either House of the Oireachtas or a Committee of either such House or a Joint Committee of both such Houses or a court) which is established by law or through which any of the legislative, executive or judicial powers of the State are exercised;
	“rule of law” includes common law;
	“statutory provision” means any provision of an Act of the Oireachtas or of any order, regulation, rule, licence, bye-law or other like document made, issued or otherwise created thereunder or any statute, order, regulation, rule, licence, bye-law or other like document made, issued or otherwise created under a statute which continued in force by virtue of Article 50 of the Constitution.
	(2) In this Act—
	(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,
	(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,
	(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	Interpretation of laws.	2.—(1) In interpreting and applying any statutory provision or rule of law, a court shall, in so far as is possible, subject to the rules of law relating to such interpretation and application, do so in a manner compatible with the State's obligations under the Convention provisions.
	(2) This section applies to any statutory provision or rule of law in force immediately before the passing of this Act or any such provision coming into force thereafter.
	Performance of certain functions in a manner compatible with Convention provisions.	3.—(1) Subject to any statutory provision (other than this Act) or rule of law, every organ of the State shall perform its functions in a manner compatible with the State's obligations under the Convention provisions.
	(2) A person who has suffered injury, loss or damage as a result of a contravention of subsection (1), may, if no other remedy in damages is available, institute proceedings to recover damages in respect of the contravention in the High Court (or, subject to subsection (3), in the Circuit Court) and the Court may award to the person such damages (if any) as it considers appropriate.
	(3) The damages recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that Court's jurisdiction in tort.
	(4) Nothing in this section shall be construed as creating a criminal offence.
	(5) (a) Proceedings under this section shall not be brought in respect of any contravention of subsection (1) which arose more than 1 year before the commencement of the proceedings.
	(b) The period referred to in paragraph (a) may be extended by order made by the Court if it considers it appropriate to do so in the interests of justice.
	Interpretation of Convention provisions.	4.—Judicial notice shall be taken of the Convention provisions and of—
	(a) any declaration, decision, advisory opinion or judgment of the European Court of Human Rights established under the Convention on any question in respect of which that Court has jurisdiction,
	(b) any decision or opinion of the European Commission of Human Rights so established on any question in respect of which it had jurisdiction,
	(c) any decision of the Committee of Ministers established under the Statute of the Council of Europe on any question in respect of which it has jurisdiction,
	and a court shall, when interpreting and applying the Convention provisions, take due account of the principles laid down by those declarations, decisions, advisory opinions, opinions and judgments.
	Declaration of incompatibility.	5.—(1) In any proceedings, the High Court, or the Supreme Court when exercising its appellate jurisdiction, may, having regard to the provisions of section 2 , on application to it in that behalf by a party, or of its own motion, and where no other legal remedy is adequate and available, make a declaration (referred to in this Act as “a declaration of incompatibility”) that a statutory provision or rule of law is incompatible with the State's obligations under the Convention provisions.
	(2) A declaration of incompatibility—
	(a) shall not affect the validity, continuing operation or enforcement of the statutory provision or rule of law in respect of which it is made, and
	(b) shall not prevent a party to the proceedings concerned from making submissions or representations in relation to matters to which the declaration relates in any proceedings before the European Court of Human Rights.
	(3) The Taoiseach shall cause a copy of any order containing a declaration of incompatibility to be laid before each House of the Oireachtas within the next 21 days on which that House has sat after the making of the order.
	(4) Where—
	(a) a declaration of incompatibility is made,
	(b) a party to the proceedings concerned makes an application in writing to the Attorney General for compensation in respect of an injury or loss or damage suffered by him or her as a result of the incompatibility concerned, and
	(c) the Government, in their discretion, consider that it may be appropriate to make an ex gratia payment of compensation to that party (“a payment”),
	the Government may request an adviser appointed by them to advise them as to the amount of such compensation (if any) and may, in their discretion, make a payment of the amount aforesaid or of such other amount as they consider appropriate in the circumstances.
	(5) In advising the Government on the amount of compensation for the purposes of subsection (4), an adviser shall take appropriate account of the principles and practice applied by the European Court of Human Rights in relation to affording just satisfaction to an injured party under Article 41 of the Convention.
	Notice of proceedings under Act.	6.—(1) Before a court decides whether to make a declaration of...