Michael P. Kitt
Question:63 Mr. M. Kitt asked the Tánaiste and Minister for Foreign Affairs the European Conventions, if any, that Ireland has not signed or ratified; and when these conventions will be signed or ratified. [2720/96]
Written Answers. - European Conventions.
There are 160 Conventions and Protocols in the European Treaty Series of the Council of Europe. Twenty-eight of these cover subjects which come under the auspices of my Department, the remaining 132 are the responsibility of other Departments.
Of the twenty-eight under the auspices of my Department Ireland has ratified 16, signed but not ratified four, and not signed eight.
Some of the Conventions not adhered to by Ireland are old instruments which are now essentially moribund (some never having entered into force) while some others are considered not relevant for Ireland.
Signed but not ratified
1. European Convention for the Peaceful Settlement of Disputes (1957). This Convention was signed by Ireland in 1957 but never ratified. This Convention does not appear to be active: Liechtenstein is the only signatory since 1970. Ratification is not under active consideration.
2. 7th Protocol to the European Convention on Human Rights (1984). This Protocol confers additional civil rights, notably concerning rights of lawfully resident aliens. The Protocol will be ratified at the earliest possible date.
3. 11th Protocol to the European Convention on Human Rights (1992). This Protocol replaces the Commission and Court with a single permanent Court. The Protocol will be ratified at the earliest possible date.
4. Framework Convention for the Protection of National Minorities. Ratification is under consideration.
Not Signed.
1. Third Protocol to General Agreement on Privileges & Immunities (1959). This Protocol is only for members of the Council of Europe Resettlement Fund, Ireland is not a member.
2. European Convention on Consular Functions (1967). This Convention has never entered into force; there have been only four ratifications to date.
3. Additional Protocol to the European Convention on Consular Functions (1967). This Protocol has never entered into force.
4. Second Protocol to the European Convention on Consular Functions (1967). This Protocol has never entered into force.
5. European Convention on State Immunity (1972). This involves restrictions or limitations on the diplomatic privileges enjoyed by State offices and diplomatic missions in cases of, and only as regards, their engagement in commercial activities. It is felt to have very limited application in Irish circumstances. The normal methods of redress in the Irish courts are felt to be more convenient and useful for both the State and the parties concerned (e.g. traders with claims against an Embassy in Ireland) than the fact-finding and arbitration machinery envisaged in the Convention. In short, it is not considered to be needed in Irish circumstances.
6. Additional Protocol to the European Convention on State Immunity (1972). This Protocol cannot be signed unless the Convention itself is signed.
7. European Agreement on transfer of responsibility for refugees (1980). This Convention relates to States taking responsibility for refugees especially in regard to issuing of documents. Adherence to this agreement is not felt to be a priority, as refugees in Ireland already receive a higher degree of protection than that envisaged in the Agreement (most settled refugees here receive Irish citizenship by naturalisation and thus receive full Irish passports).
8. European Convention on the recognition of the legal personality of international non-governmental organisations (1986). Consideration was given to the possibility of becoming party to this Convention in 1988. It was considered that the intention and meaning of much of the Convention was unclear, and its implications potentially very wide.