European Convention on Human Rights Act 2003

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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.