I move:
That Dáil Éireann approves the terms of the Fourth Additional Protocol to the Constitution of the Universal Postal Union and other Acts signed by the Irish delegation at the Twentieth Congress of the Universal Postal Union at Washington on 14th December, 1989, copies of which were
laid before Dáil Éireann on 27th August, 1993."
The subject matter of this resolution is quite technical, but I am advised that Dáil approval is necessary.
Following the approval of the Dáil, the Tánaiste and Minister for Foreign Affairs will arrange for ratification by Ireland of the Additional Protocol and other Acts.
The Universal Postal Union (UPU) was founded in 1874 as a result of the Treaty of Berne, which established the first collective convention covering the international postal service. It came into being as a result of the inability of the existing bilateral agreements to cope with the increasing social, business and administrative demands being placed on the international postal service. The UPU became a specialised agency of the United Nations in 1948 and there are now 185 members. Ireland became a member in 1923.
The basic rules of the UPU provide for (a) the formation among all member countries of a single postal territory for the reciprocal exchange of letter-post items; (b) guaranteed freedom of transit within the territory of the union; (c) standardisation of the charges to be collected by each country for letter-post items addressed to any part of the union's territory; (d) arrangements for intra-administration payments for the handling of letter-post items; (e) the institution of an arbitration procedure to settle disputes between administrations; (f) the creation of a central office, called the international bureau, the cost of which is borne by all member countries and (g) periodic meetings of a congress of plenipotentiaries of the member countries, with a view to revising the Acts of the union and discussing questions of common interest.
The basic Act of the UPU is its constitution, adopted in 1964. This can be amended only at the congress (the supreme organ of the UPU), by means of additional Protocols.
These Additional Protocols were adopted in 1969, 1974 and 1978, and the Fourth Additional Protocol, which is the subject of the present resolution, was adopted in Washington in 1989.
In addition to the constitution, other basic Acts of the UPU are binding on all its members. These are, the general regulations to which are annexed, the various internal rules of procedure etc. and the Universal Postal Convention. In practice, these are re-issued in an amended form by each congress.
In addition to the Acts, to which all UPU members subscribe, there are several optional Acts governing services, other than the letter post service, for example, on giros or on parcels. Ireland has subscribed to the Postal Parcels Agreement. This too was amended by the Washington Congress in 1989 by issuing a modified text to replace the previous text.
The full texts of the constitution and general regulations, the Convention and the Postal Parcels Agreement, as revised by the Washington Congress, have been placed in the Library of the House.
Congresses are held every five years. The complexity of international postal operations is reflected in the fact that the published texts of the Acts of the Congress run to more than 1,400 pages, mostly of a technical or administrative character. Although bulky and complex, the texts contain mainly revisions of existing Acts, according to procedures set out in the constitution and other Acts in force.
The principal amendments to the UPU constitution contained in the Fourth Additional Protocol are as follows: replacement of the gold franc by the International Monetary Fund, Special Drawing Right (SDR) as the official currency of the UPU, and as the monetary unit for settlement of international postal accounts; deposit of instruments of accession or admission to the UPU with the Director General of the union's international bureau, rather than with the Swiss Government, as heretofore and deposit of instruments of ratification of the constitution, the Additional Protocols thereto and of approval of the other Acts of the union, with the director general of the international bureau rather than with the Swiss Government as heretofore.
Other Acts adopted at the Washington Congress in 1989 are: amendments to the general regulations of the UPU; amendments to the Universal Postal Convention and amendments to the Postal Parcels Agreement.
As I indicated, the details of these amendments may be found in the documents presented to the Dáil.
The operation of the Irish postal service is governed by the provisions of the Postal and Telecommunications Services Acts, 1983 and 1984 and earlier legislation. The 1983 Act established An Post and section 12 thereof gave the company statutory responsibility for the provision of a national postal service within the State and between the State and places outside the State. Implementation of the obligations of the UPU Acts does not present any problems and is on-going in nature under the provisions of existing legislation or by administrative measures. We are satisfied that An Post is fully aware of the obligations imposed by the UPU Acts and that the company is complying with these obligations.
So far as financial aspects of our membership of the UPU are concerned, under the UPU Constitution and General Regulations, the UPU expenses are borne by the member countries.
Each member country may choose the contribution class in which it wishes to be included, with the exception of the lowest class, which is reserved for the least developed nations. A member country may reduce its contribution class by one step only at a time and must notify the International Bureau of the UPU, before the opening of Congress. It takes effect on the entry into force of the financial provisions drawn up by Congress.
Ireland notified its wish to move from the 10-unit class to the 5-unit class, which seems more in keeping with Ireland's size and scale of operations. As a result of this, Ireland's contribution to the UPU budget was reduced from 249,000 Swiss Francs for 1990, to 155,300 Swiss Francs, approximately IR£75,000, for 1993.
Payment of Ireland's contribution does not fall on the Exchequer as payment has been delegated to An Post. This delegation is in line with the practice whereby financial obligations in terms of payments to other postal administrations in respect of international postal traffic operations are discharged from the revenues of An Post. Likewise, financial benefits, in terms of receipts from other postal administrations for international operations, are brought to account in the revenues of An Post.
I recommend this Resolution to the House.