Dáil Éireann debate -
Tuesday, 20 Feb 1990

Vol. 395 No. 9

Written Answers. - European Conventions.

John Bruton

Question:

76 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

78 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on Consular Functions; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

79 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on the Abolition of Legalisation of Documents Executed by Diplomatic Agents; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

81 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on the Repatriation of Minors; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

82 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on State Immunity; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

John Bruton

Question:

83 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on the Servicing Abroad of Administrative Documents; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

Minister for Foreign Affairs (Mr. Collins)

I propose to take Questions Nos. 76, 78, 79, 81, 82 and 83 together.

The position in regard to the status of each of the Conventions referred to is as follows: the European Convention on Consular Functions was opened for signature on 11 December 1967 and has been ratified by Greece, Norway, Portugal and Spain. It has not entered into force since it has not been ratified by the required number of countries.

The European Convention on the Abolition of Legalisation of Documents Executed by Diplomatic Agents or Consular Officers was opened for signature on 7 June 1968 and has been ratified by Austria, Cyprus, France, Federal Republic of Germany, Greece, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey and the UK.

The European Convention on the Repatriation of Minors was opened for signature on 28 May 1970 and has been ratified by Turkey. It has not entered into force since it has not been ratified by the required number of countries.

The European Convention on State Immunity was opened for signature on 16 May 1972 and has been ratified by Austria, Belgium, Cyprus, Luxembourg, Netherlands, Switzerland and the UK. It may not be appropriate to take a decision regarding this Convention pending the completion by the United Nations International Law Commission of the work on State immunity from jurisdiction.

The European Convention on the Service Abroad of Documents relating to Administrative Matters was opened for signature on 24 November 1977 and has been ratified by Austria, Belgium, France, Federal Republic of Germany, Italy, Luxembourg and Spain.

The European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations was opened for signature on 24 April 1986 and has been ratified by Greece and the UK. It has not yet entered into force as it has not been ratified by the required number of countries.

In the case of each of the many Council of Europe Conventions drawn up over the years the question of possible signature and ratification by Ireland has to be considered carefully with a view to establishing the legal, constitutional and possible legislative and cost implications. In the case of the Conventions referred to in the Deputy's present questions, as in all other cases, the matter has received preliminary consideration. Much further detailed work and consultation would, however, be necessary; and to date priority has been given in this work to a number of other conventions where it appeared more clearly in Ireland's interest to become a party.

John Bruton

Question:

77 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on International Commercial Arbitration; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

Minister for Foreign Affairs (Mr. Collins)

I take it that the Deputy is referring to the Council of Europe Agreement relating to Application of the Euopean Convention on International Commercial Arbitration, which was opened for signature on 17 December 1962.

The Convention was adopted under the auspices of the Economic Commission for Europe of the United Nations at Geneva on 21 April 1961 and is not a Council of Europe Convention.

The Agreement is of interest only to the States which are parties to the European Convention on International Commercial Arbitration and has been ratified by the following States — Austria, Belgium, Denmark, France, Federal Republic of Germany, Italy, Luxembourg and Spain. Ireland is not a party to this Convention and the question of signature or ratification does not, therefore, arise.

John Bruton

Question:

80 Mr. J. Bruton asked the Minister for Foreign Affairs the reason Ireland has not yet signed the Council of Europe Convention on Au Pair Placement; when the Convention was opened for signature; if he proposes to introduce legislation to ratify this Convention; the advantages of this Convention for Ireland and Europe; the countries which have ratified it; and if he will make a statement on any reservations Ireland has about the Convention from a cost or other point of view.

Minister for Foreign Affairs (Mr. Collins)

The Council of Europe Agreement on Au Pair Placement was opened for signature on 24 November 1969 and has been ratified by the following countries — Denmark, France, Italy, Norway and Spain.

Ireland's signature of the Agreement would not increase the protection of Irish au pairs abroad. The Agreement is not based on reciprocity and, therefore, those States which are parties to it are bound to extend its protection to all au pairs regardless of their nationality.

The Departments concerned with the welfare of foreign au pairs in Ireland are satisfied that present provision for their welfare is adequate and do not favour the further legislative and administrative machinery which ratification of the Agreement would necessitate. For these reasons it is not proposed to sign the Agreement.

Irishau pairs going abroad who consult my Department are advised to insist on a written agreement with their host families before leaving the country. While they are abroad they have, of course, available to them the protection and care of the local Irish diplomatic mission. Similarly foreign au pairs coming to this country have the protection of their own diplomatic missions here should the occasion arise.

John Bruton

Question:

84 Mr. J. Bruton asked the Minister for Foreign Affairs when the Council of Europe Convention on Bearer Securities was opened for signature; when Ireland signed it; its implications for Ireland; the reason legislation to ratify it has not yet been introduced; when it will be introduced; and the countries which have already ratified it.

Minister for Foreign Affairs (Mr. Collins)

Ireland signed the Convention relating to Stops on Bearer Securities in International Circulation on 23 April 1974. It is not proposed to ratify the Convention at this time. There are few bearer securities in circulation in Ireland and there are none listed on the Irish Stock Exchange. In the circumstances, the administrative machinery necessitated by the implementation of the Convention and the costs it would involve would be disproportionate to the benefits to be derived from its application. In addition, the number of countries which are parties is so small that ratification by us would not confer significant advantage.

The Convention was opened for signature on 28 May 1970 and entered into force on 11 February 1979 when it had been ratified by four countries — Austria, Belgium, France and Luxembourg. No other countries have ratified it since and Austria denounced it with effect from 6 January 1989. In an assessment exercise carried out in 1987 on behalf of the Parliamentary Assembly most of the member states declared that they were not interested in the Convention on account of its complicated nature and the scale of the administrative machinery involved.