Written Answers Nos. 13-30
13. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs if the Government sought internal legal advice from the Office of the Attorney General or otherwise, in regard to Israel's actions in Gaza and its obligations under the Genocide Convention at any time since 7 October 2023. [1886/24]
View answer14. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs if the Government received legal advice from the Department of Foreign Affairs or from the Attorney General on whether Israel's war in Gaza constitutes genocide, considering that Ireland is a signatory to the Genocide Convention and has legal obligations to fulfil, the Government needs to seek an urgent legal opinion on the matter; and if legal advice has been received, if he will provide a copy of the advice received, to Deputies. [1926/24]
View answer37. Deputy Sorca Clarke asked the Tánaiste and Minister for Foreign Affairs if he will invoke the UN Convention on the Prevention and Punishment of the Crime of Genocide in relation to the activities of Israel in Palestine since October 2023; and if he will make a statement on the matter. [1002/24]
View answer49. Deputy Thomas Pringle asked the Tánaiste and Minister for Foreign Affairs if Ireland will be supporting South Africa in taking Israel to the International Court of Justice accusing it of crimes of genocide against Palestinians in Gaza; and if Ireland will support the people of Gaza in the International Court of Justice following violations by Israel of its obligations under the 1948 Genocide Convention and international law in relation to Palestinians in Gaza. [1857/24]
View answer52. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he sought legal advice before deciding that Ireland would not participate in the ICJ case in respect of Israel; and if he will make a statement on the matter. [2028/24]
View answerI propose to take Questions Nos. 13, 14, 37, 49 and 52 together.
I have been closely monitoring developments in the case taken under the 1948 Convention on the Prevention and Punishment of Genocide (‘Genocide Convention’) by South Africa against Israel in the International Court of Justice. The public hearings that took place last week involved only the two parties to the proceedings, South Africa and Israel, and focussed on the question of provisional measures. It is likely to take the Court some weeks to consider whether to impose provisional measures. Any provisional measures orders that the Court may make will be binding on the parties to which the orders are addressed.
The Court’s decision on provisional measures will be carefully analysed by the Department of Foreign Affairs once it has been published and we will continue to consult closely with our international partners. The Government will at that stage make a decision on whether to intervene and, if so, on what legal basis. This reflects the need for careful and rigorous legal analysis of the relevant issues. It also reflects the fact that the Statute of the Court provides a narrow legal basis on which third parties may intervene in such cases.
Ireland has participated in two cases before the Court regarding the situation in the occupied Palestinian territory to date. In 2004, Ireland made a written statement in the advisory opinion case ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’. In 2022, the Court was requested by the UN General Assembly to give an advisory opinion on the legal consequences arising from the policies and practices of Israel in the occupied Palestinian territory, including East Jerusalem. Ireland voted in favour of this resolution, and submitted a written statement to the Court last July. In this statement, Ireland provided its legal analysis of the occupation and of issues related to Israeli policies and practices in the occupied Palestinian territory. The oral proceedings in this case will take place in February. Ireland plans to participate. The Court will then give its opinion some months after the conclusion of the oral hearings.
15. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will report on his engagements with the Minister for Justice in relation to developing new guidelines in relation to the requirements for Irish association applications for citizenship based on Irish descent or association; and if he will make a statement on the matter. [56424/23]
View answerEntitlement to Irish citizenship is determined by the Irish Nationality and Citizenship Act 1956 under which Irish citizenship may be obtained by birth, by descent, or by naturalisation. The Department of Justice is responsible for citizenship matters including citizenship by Irish association. My department engages regularly with the Department of Justice on matters relating to citizenship.
My Department is responsible for processing Foreign Birth Registration (FBR) applications for people who are born abroad and claim Irish citizenship through a grandparent born in Ireland or through a parent who has claimed citizenship also through FBR or Naturalisation.
Demand for Foreign Birth Registration (FBR) increased significantly as a result of the Brexit vote in the UK. The service was also impacted by necessary Covid-19 restrictions in 2020 and 2021 and the unprecedented demand for passports seen in 2022.
Foreign Birth Registration, by its nature, is a detailed and complex process, often involving official documentation relating to three generations and issued by several jurisdictions. Such documents take considerable time to validate.
FBR applications are currently being processed within the normal turnaround time of 8 months from receipt of all required supporting documents, a decrease in turnaround time of 75% from over two and a half years in 2022. There are no plans at this time to develop new guidelines in relation to requirements for FBR applications.
16. Deputy Bríd Smith asked the Tánaiste and Minister for Foreign Affairs the reason Ireland is not submitting the names and details of the families of Palestinian-Irish citizens for exit from Gaza as other countries have done, including the USA, Canada, Australia, Norway, France, the Netherlands, Austria, Belgium, and many others; if he will acknowledge that while these family members are not Irish citizens, their lives are endangered by lack of medication, food and clean water in addition to relentless bombing; if he will acknowledge that they will be accommodated by their family members here, and will not be a burden on the State; and if he will make a statement on the matter. [56429/23]
View answerSince the start of this crisis my Department has worked with the relevant authorities to facilitate the exit from Gaza of those Irish citizens, and accompanying dependents, who have expressed a wish to leave. To date, 57 Irish citizens and their dependents have been assisted to exit Gaza.
The Government, through our Embassies in the region, has consistently sought clearance for all Irish citizens who wish to exit Gaza to do so. We continue to advocate with the authorities in relation to a small number of citizens who have not yet been permitted to leave and we stand ready to assist other Irish citizens and accompanying dependents wishing to exit Gaza.
The authorities have made clear that the focus for facilitated departures from Gaza is for foreign and dual nationals, and immediate dependents accompanying them.
In line with the Department’s Consular Assistance Charter, the remit of my Department is to provide consular assistance to Irish citizens abroad. This has been our focus since the crisis began.
The population of Gaza is 2.3 million people. The humanitarian situation in Gaza is dire and many of those living in Gaza are seeking to leave. In recent weeks, my Department has received many enquiries regarding the situation of individuals, including people with ties to Ireland or already holding a visa for Ireland.
Any decision on clearance for these individuals to leave Gaza will be made by the relevant local authorities. The issuance of visas to non-nationals wishing to enter Ireland is a matter for the Department of Justice. Holders of valid Irish visas who receive clearance to exit Gaza from the local authorities may make arrangements to travel to Ireland.
17. Deputy John Brady asked the Tánaiste and Minister for Foreign Affairs the status of a passport application (details supplied) given the applicants travel date is imminent and all requested supporting documentation has been submitted; and if he will make a statement on the matter. [56470/23]
View answer23. Deputy James Lawless asked the Tánaiste and Minister for Foreign Affairs if a passport application (details supplied) will be expedited; and if he will make a statement on the matter. [56641/23]
View answer35. Deputy Niamh Smyth asked the Tánaiste and Minister for Foreign Affairs for an update on passport renewals for a person (details supplied); and if he will make a statement on the matter. [57227/23]
View answerI propose to take Questions Nos. 17, 23 and 35 together.
With regard to the specific applications about which the Deputies have enquired, the Passport Service has issued passports to the applicants.
18. Deputy Cathal Crowe asked the Tánaiste and Minister for Foreign Affairs the reason the ID number on a traditional Irish passport and a passport card differ when they are connected documents (details supplied); and if this will be addressed in order that both can be accepted by EU countries as valid ID for travel. [56473/23]
View answerThe passport card was launched in October 2015 and offers Irish citizens the convenience of travel to 31 countries including the EU/EEA member states, Great Britain and Switzerland, with a credit card sized travel document.
The Passport Card is fully compliant with International Civil Aviation Organisation (ICAO) regulations concerning requirements for passports in card format. Over 718,000 passport cards have been issued since 2015 and users have found it to be a highly convenient travel document.
While passport books and cards are often applied for at the same time, they are in fact separate identification documents issued with different passport numbers. Passport cards are valid for a maximum of 5 years, compared to the usual 10-year validity period for an adult passport book.
We have been informed by a small number of citizens that they have encountered difficulties with the card being accepted while abroad. Ministries of Justice/Home Affairs as relevant in each EU and EEA country, and, Great Britain and Switzerland have been contacted and informed to ensure that all border guards are fully appraised of the validity of the Irish Passport Card for travel.
Additionally, the details of the Passport Card have been uploaded to Keesing’s document checker database. This is a comprehensive database for identity documents and bank notes and is widely used by government agencies including military and police, immigration offices, customs, embassies and tax authorities.
An Garda Síochána arranged for the document to be uploaded to the Edison Database (Electronic Documentation and Information System on Investigation Networks). This database can be accessed by all 190 Interpol member countries through a secure internet system known as I-24/7.
Furthermore, it has also been uploaded onto the European Union “False and Authentic Documents Online” (FADO) database by An Garda Síochána. FADO is available to document experts in partner states including in all member states of the EU. As such, the document is then available to the European Council’s Public Register of Authentic Travel and Identity Documents Online website.
I am satisfied that the Passport Service has taken all necessary measures to ensure that authorities in states that permit the use of passport cards for border entry are aware of the features of the Irish passport card.
19. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he has raised concerns regarding human rights violations in Bahrain, including the detention of political prisoners and conditions in prisons, directly with Bahraini authorities; if he has raised these issues at UN, EU or other multilateral level; and if he will make a statement on the current situation in Bahrain. [56517/23]
View answerThere are long standing human rights concerns in Bahrain, including freedom of expression, treatment of human rights defenders, conditions of detention, discrimination against the Shia majority and the use of the death penalty. Bahrain has repeatedly stated its commitment to improving its human rights record and safeguarding human rights as enshrined in the Bahraini Constitution, but there are ongoing instances of violations of fundamental freedoms there, including violations of freedom of expression, as well as the targeting of human rights defenders. Ireland attaches a high priority to safeguarding human rights defenders, and continually advocates for freedom for civil society actors to operate in a safe and enabling environment, without repression.
We have raised our human rights concerns in Ministerial and diplomatic contacts with Bahrain, and in particular at the UN Human Rights Council.
Most recently, the seventh meeting of the Bahrain-EU Human Rights Dialogue took place in October 2023. The dialogue covered a broad range of topics, such as freedom of expression and association, rule of law, the right to a fair trial, including certain individual cases, and the death penalty. Bahrain invited the EU Special Representative for Human Rights to visit the country.
Ireland and our EU partners welcomed the progress made by Bahrain on women’s rights, as well as the ongoing efforts to promote interfaith dialogue, and to counter human trafficking. The European Union encouraged Bahrain to continue along this path, and to maintain its wider human rights obligations, especially as regards to human rights defenders.
My Department will continue to monitor developments in Bahrain, and to call on the Bahraini Government to deliver on its stated commitment to make progress in relation to human rights. We shall do so both directly with Bahraini officials, as well as at EU and international level, whenever opportunities arise.
20. Deputy Michael Lowry asked the Tánaiste and Minister for Foreign Affairs if an FBR application (details supplied) will be reviewed; if all information required to have this application processed at the earliest convenience has been received; and if he will make a statement on the matter. [56521/23]
View answer31. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs the status of a citizenship application by a person (details supplied); and if he will make a statement on the matter. [56996/23]
View answer48. Deputy Mattie McGrath asked the Tánaiste and Minister for Foreign Affairs when a decision will be made on an application for foreign birth registration (details supplied); the reason for the delay in processing the application; and if he will make a statement on the matter. [1796/24]
View answerI propose to take Questions Nos. 20, 31 and 48 together.
With regard to the specific Foreign Birth Registration applications about which the Deputies have enquired, these applications have been approved. Certificates will issue to the applicants shortly.
21. Deputy Holly Cairns asked the Tánaiste and Minister for Foreign Affairs what efforts his Department is making to ensure the safe release of a person (details supplied) from Gaza; and if he will make a statement on the matter. [56555/23]
View answer28. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will report on his efforts to ensure safe passage out of Gaza for an Irish-Palestinian person (details supplied); and if he will make a statement on the matter. [56809/23]
View answerI propose to take Questions Nos. 21 and 28 together.
I can assure you, Deputy, that my Department is aware of the case and is providing consular assistance.
Since the start of the current crisis in the Middle East, my Department has worked with the relevant authorities to facilitate the exit from Gaza of Irish citizens, and accompanying dependents, who have expressed a wish to leave. To date 57 Irish citizens and their dependents have been assisted to leave Gaza.
A small number of Irish citizens and accompanying dependents remain in Gaza, including the individual in question.
The Government, through our Embassies in the region, has consistently sought clearance for all Irish citizens who wish to exit Gaza to do so. We continue to advocate with the authorities in relation to those who have not yet been permitted to leave. We are also ready to assist in instances where other Irish citizens and accompanying dependents wish to exit Gaza.
22. Deputy Paul Murphy asked the Tánaiste and Minister for Foreign Affairs if he is aware that the US has announced that it will be implementing a new visa restriction policy targeting individuals believed to have been involved in undermining peace, security or stability in the West Bank; if Ireland will be implementing a policy such as this; if Ireland will be imposing sanctions on the Israeli state that would place meaningful pressure on the Israeli Government to halt its current assault on Gaza; if Ireland will be calling for an immediate and permanent ceasefire; and if he will make a statement on the matter. [56615/23]
View answerI welcome the initiative by the United States to introduce a travel restrictions targeting those involved in extreme settler violence. My immediate priority is to push for a similar initiative at EU level. I raised this with my counterparts at the Foreign Affairs Council in December. I look forward to this being progressed rapidly, in line with the commitment given by the High Representative following that meeting.
This is consistent with Ireland’s wider policy, whereby we do not impose any unilateral sanctions regimes, but implement UN and EU sanctions. EU sanctions seek to bring about a change in the policy and/or behaviour of the target of the restrictive measures. They are used as part of an integrated and comprehensive approach to the pursuit of EU foreign policy objectives, along with political dialogue and other complementary efforts and instruments.
As the Deputy is aware, calls for an immediate humanitarian ceasefire have been and will continue to be a central priority for the Government. Civilians in Gaza urgently need the fighting to stop, and a significant and sustained increase in humanitarian aid. It is clear that this is now the desire of the overwhelming majority of the international community, along with the immediate and unconditional release of hostages, urgent and effective humanitarian access, and for the protection of civilians.
24. Deputy Bríd Smith asked the Tánaiste and Minister for Foreign Affairs if he will intervene to help secure the release of three persons (details supplied) who were kidnapped by the Israeli army on 13 December 2023; if he will acknowledge their work with traumatised children living in the Jenin refugee camp and how necessary their work is; if he is aware that the IDF took 100 persons from the camp and killed four young people on the same day and that three of the hospitals in Jenin were surrounded by Israeli tanks; and if he will make a statement on the matter. [56695/23]
View answerI am deeply concerned about rising tensions, including violence, deaths and arrests in the West Bank, which is having a devastating effect on Palestinian civilians and communities.
The case referred to by the Deputy forms part of a broader and concerning trend, as identified by the UN High Commissioner for Human Rights, Volker Türk, in his recent Flash Report on the human rights situation in the occupied West Bank including East Jerusalem published on 27 December 2023. The High Commissioner made several pertinent calls upon Israel, notably to release Palestinians arbitrarily arrested in the occupied West Bank, including East Jerusalem, and in Israel since 7 October, to ensure that detention conditions strictly conform with international norms and standards, to end all practices that may amount to torture or other ill-treatment of Palestinians detained, and to ensure that all allegations of such violations are promptly, impartially, thoroughly and independently investigated, and that perpetrators are held to account.
This is consistent with calls made by Ireland in its bilateral engagement with the Israeli authorities as well as at the United Nations. Ireland has repeatedly called on the Israeli authorities to end the practice of administrative detention completely. We have also repeatedly highlighted the applicability of international human rights standards and international humanitarian law in respect of detainees, in particular obligations under the Fourth Geneva Convention. Detainees must have the right to be informed of the charges underlying any detention, have access to legal assistance, and receive a fair trial.
26. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Foreign Affairs whether enquiries will be made to assist the journalists and their families (details supplied) and who are currently stuck in Gaza and attempting to get out; and if he will make a statement on the matter. [56733/23]
View answerI am acutely aware of the dire situation faced by civilians in Gaza. For this reason, calling for an immediate humanitarian ceasefire and access for humanitarian supplies is the central focus of my engagement.
I am particularly conscious that journalists in situations of armed conflict and adjacent areas often face extreme danger. Journalists are afforded protection under international humanitarian law because they are civilians. Deliberate attacks against journalists are forbidden.
In this regard, Ireland, along with partners, urgently draws attention to the rules and responsibilities related to the protection of journalists and media workers in conflict, in compliance and consistent with international humanitarian law which includes prohibitions against directly targeting civilians and taking all feasible precautions to protect civilians.
With regard to individual cases, including those to which the Deputy refers, the mandate of the Department of Foreign Affairs is to provide consular to support to Irish citizens. The Department is very limited in its ability to assist those in Gaza who are not Irish citizens, or dependants accompanying Irish citizens.
27. Deputy Gino Kenny asked the Tánaiste and Minister for Foreign Affairs if he will make direct contact with the Israeli embassy in relation to the illegal detention of the executive director of the Aida Youth Centre in the Aida Refugee Camp Bethlehem (details supplied); and if he will make a statement on the matter. [56757/23]
View answerI am deeply concerned about rising tensions, including violence, deaths and arrests in the West Bank, which is having a devastating effect on Palestinian civilians and communities.
I note with concern the details in the case referred to by the Deputy. This forms part of a broader and concerning trend, as identified by the UN High Commissioner for Human Rights, Volker Türk, in his recent Flash Report on the human rights situation in the occupied West Bank including East Jerusalem published on 27 December 2023. The High Commissioner made several pertinent calls upon Israel, notably to release Palestinians arbitrarily arrested in the occupied West Bank, including East Jerusalem, and in Israel since 7 October, to ensure that detention conditions strictly conform with international norms and standards, to end all practices that may amount to torture or other ill-treatment of Palestinians detained, and to ensure that all allegations of such violations are promptly, impartially, thoroughly and independently investigated, and that perpetrators are held to account.
This is consistent with calls made by Ireland in its bilateral engagement with the Israeli authorities as well as at the United Nations. Ireland has repeatedly called on the Israeli authorities to end the practice of administrative detention completely. We have also repeatedly highlighted the applicability of international human rights standards and international humanitarian law in respect of detainees, in particular obligations under the Fourth Geneva Convention. Detainees must have the right to be informed of the charges underlying any detention, have access to legal assistance, and receive a fair trial. We will continue to raise these concerns at every available opportunity.
29. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs if he will list the ongoing research commissioned under the remit of his Department through the North-South Ministerial Council, Shared Island Initiative or through other all-island arrangements; if he will outline the research that has been completed; the date of publication of the research since the signing of the Good Friday Agreement; and if he will make a statement on the matter. [56914/23]
View answerThe established forum for advancing North South cooperation is the North South Ministerial Council (NSMC), which was established under Strand Two of the Good Friday Agreement. In the Council, the Government works with the Northern Ireland Executive to advance areas of practical co-operation which are to our mutual benefit in twelve agreed areas. There is currently no ongoing research commissioned under the remit of this Department through the North South Ministerial Council.
The absence of a functioning Executive in Northern Ireland has knock-on effects on the operation of Strand Two of the Agreement and the work of the NSMC has been severely disrupted in recent years. It is vital that the Council is allowed to resume its work as soon as possible.
Any research work commissioned by Ministers meeting in a specific NSMC Sectoral format is referenced in the joint communique for the relevant sector and is a matter for the relevant Departments. The joint communiques are available on the NSMC website: www.northsouthministerialcouncil.org
To support development of an ambitious agenda for cooperation and connection on the island, the Government’s Shared Island Initiative is delivering an ongoing comprehensive research programme, working with the ESRI, the National Economic and Social Council, the Irish Research Council and other partners. Research will continue to be published through 2024, focused on opportunities to deepen cooperation across a range of economic, social and environmental domains. Further information is available at www.gov.ie/SharedIsland/Research.
30. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs if he will list the ongoing research commissioned under the remit of his Department through the British-Irish Council or through other bilateral arrangements; if he will outline the research that has been completed; the date of publication of the research since the signing of the Good Friday Agreement; and if he will make a statement on the matter. [56932/23]
View answerThe British-Irish Council (BIC) was created, under the Good Friday Agreement, to further promote positive, practical relationships across these islands, and to provide a forum for consultation and co-operation on issues of mutual interest. It is the only international forum which brings together representatives of the Irish and UK governments, Northern Ireland Executive, Scotland, Wales, Guernsey, the Isle of Man, and Jersey.
The BIC acts as a forum where Member Administrations can consult, share expertise and build strong partnerships. Member Administrations meet regularly, including at biannual Summits, the most recent of which the Taoiseach and I hosted in Dublin in November 2023.
The Council’s current work programme prioritises eleven specific work sectors across a range of social, economic and environmental topics. This includes areas such as energy, social inclusion, the marine environment, and indigenous languages. The Dublin BIC Summit in November 2023 placed a particular focus on Transforming Children’s Lives: Tackling Child Poverty and Improving Wellbeing. The Council also hosts conferences, seminars and study visits for experts in particular fields related to the Council’s current work programme. My Department has not commissioned any research through the British-Irish Council.
