Filter

Question

1485. Deputy Catherine Connolly asked the Minister for Justice her plans to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; and if she will make a statement on the matter. [20324/21]

Answer

Minister for Justice (Deputy Helen McEntee): Ireland intends to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICED) as soon as practicable. As the Deputy will appreciate, it is likely that legislation will be required to fully ratify the Convention.
In the meantime, there are a number of measures in place which protect persons against unlawful detention. These include:
Article 40.4.1 of the Constitution which provides that no citizen shall be deprived of their liberty save in accordance with law; and
Section 15 of the Non Fatal Offences Against the Person Act 1997 which provides for an offence of false imprisonment, addressing circumstances where a person is taken or detained, or whose personal liberty is restricted by another person without the consent of the person involved. A person guilty of false imprisonment is liable, on conviction on indictment, to imprisonment for up to life. Consent is deemed to be absent where the person responsible obtains the other's consent by force or threat of force, or by deception causing the other to believe that he or she is under legal compulsion to consent.