I move:
That Dáil Éireann approves the terms of the Convention on Biological Diversity done at Rio de Janeiro in June, 1992, a copy of which was laid before Dáil Éireann on the 9th day of February, 1996.
Tá fíor-áthas orm an chaoi seo a bheith agam an coinbhinsiún seo a thabhairt faoi bhráid na Dála. Tá suim faoi leith agam le blianta fada an fhiadhúlra agus tuigim a thábhachtaí is atá sé an ilíocht bitheolaíochta a chaomhnú. Bhí an t-ádh orm bheith i láthair i 1992 ag an gComhdháil Domhanda i Rio faoi choimirce na Náisiúin Aontaithe, áit ar pléadh cúrsaí timpeallachta agus forbartha. Is mór an onóir dom mar sin an coinbhinsiún seo a mholadh don Dáil.
The convention was signed on behalf of Ireland on the occasion of the United Nations Conference on the Environment and Development held in Rio de Janeiro in June 1992. The formal purpose of today's debate is to comply with Article 29 of the Constitution which requires Dáil approval to international conventions which involve a charge on public funds. This approval will allow us to proceed to ratification of this important global convention.
When the United Nations General Assembly decided in 1989 to convene a major conference in 1992 in Brazil on global environment concerns, the conservation of biological diversity was identified as one of the main issues to be addressed.
Biological diversity is defined as the variety of all animals, plants and micro-organisms and the ecological complexes of which they are part. It is the source of all food, much raw materials and genetic resources for agriculture, medicine and development generally. The significance of the Rio conference was that it brought together, perhaps for the first time, the two major themes of environment and development.
The convention provides the medium through which the global environment can be safeguarded from further degradation while allowing for the use of its biological resources in an environmentally sound and sustainable way.
The main aims of the convention as set out in Article 1 are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilisation of genetic resources. It provides for access to genetic resources and for the transfer of relevant technologies, taking into account all rights over those resources and to technologies and provides for appropriate funding to be supplied by the contracting parties.
It also has as its aim the development of national strategies, plans or programmes for the conservation and sustainable use of biological diversity and for the integration of conservation and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans, programmes and policies.
Prior to the Rio conference there was a number of conventions concerned with either the conservation of nature in particular regions of the world or with the protection of particular types of habitat or wildlife. For instance, Ireland has ratified the Berne Convention which aims to protect biodiversity in Europe, the Ramsar Convention which is concerned with wetlands and Bonn Convention which seeks to protect migratory species of animals. The Convention on Biological Diversity represents a landmark in the area of environment and development because, for the first time, a comprehensive rather than a sectoral approach to the conservation of the earth's biodiversity and the sustainable use of biological resources is adopted. It recognises that both biodiversity and biological resources should be conserved for reasons of ethics, economic benefit and human survival. It embodies the concept of "sustainable use", the principal concept used in Rio, which means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.
I am pleased incidentally that the convention recognises the role women play in the conservation and sustainable use of biological diversity and affirms the need for full participation of women at all levels of policy-making and implementation of biological diversity conservation.
Achievement of the conservation of biological diversity will be a progressive process, which must not be overly delayed, the success of which is dependent upon national and international compliance with both the letter and the spirit of the convention's provisions.
The convention recognises the sovereign rights of all nations to regulate access to genetic resources but requires that countries facilitate access to other convention parties. Countries are, therefore empowered to adopt legislation to stem the unchecked and uncompensated flow of genetic material out of the country but are not entitled to deny access altogether, except in accordance with needs for protection of the resources themselves.
Around the world countries are seeking to develop innovative mechanisms to regulate access. I am aware of a proposal by the Andean Pact countries to introduce a mechanism which would regulate trade in genetic material which would respect the rights of indigenous peoples and so ensure an equitable sharing of benefits. The experience of the Andean Pact is, however, unique being the first welcome attempt by a regional economic union, rich in biological diversity, to deal with national, regional, individual and shared interests under a common regime. Considering the fact that many resources of the region are common to more than one of the pact countries and that the free exchange of associated knowledge, innovations and practices of indigenous, Afro-American and local communities across frontiers has been going on for centuries makes this a pragmatic as well as an innovative decision.
This convention calls upon Governments to maintain and promote the use of the innovations, practices and knowledge of indigenous peoples relevant for the conservation or sustainable use of biological diversity with their approval and involvement. This is an implicit recognition of a property right of indigenous peoples over such knowledge. It also calls for fair and equitable participation by indigenous and local communities in benefits derived from the use of their knowledge, innovations and practices.
Within the Andean Pact it is widely accepted that indigenous and local communities knowledge, innovations and practices are directly linked to the genetic resources to which they relate and, consequently, that access to genetic resources also implies access to this knowledge.
The aims of the convention are to be achieved by three distinct approaches to be adopted by the contracting parties. First, by the development of national strategies, plans and programmes. These will require in-situ conservation measures, both inside and outside protected areas, and ex-situ measures principally to complement in in-situ measures to conserve ecosystems, habitats, species and genetic resoures. These strategic, plans and programmes must also provide for the integration of conservation and sustainable use of biological diversity into relevant sectoral and cross-sectoral plans, programmes and policies. It will be seen, therefore, that the provisions of this convention must be taken into account in planning for all areas of economic life.
Second, the convention covers issues of access and use of genetic resources, technology transfer and biosafety. Under the convention a Protocol on biosafety is being considered, and would involve regulating and controlling the risk associated with the use and release of living modified organisms from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity taking into account the risks to human health.
Third, by the provision of additional funding to meet the agreed full incremental cost incurred by developing countries. Access to and transfer of technology is to be facilitated under fair and most favourable conditions.
The strategies, plans and programmes necessary to implement the convention are being developed by Ireland in accordance with the provisions of the Wildlife Act, 1976, and of various international conventions and EU directives which this country has ratified. However, the need to draw all these strategies and plans into one coherent plan has been recognised and I am pleased to inform the House that this plan is being prepared in my Department at present. This plan will take account of the requirements of sectoral and cross-sectoral integration and will make specific recommendations for national action to conserve biological diversity and to sustainably use its components. As the convention covers many varying aspects of public policy, I am setting up a steering committee, representative of the relevant Government Departments, to oversee and implement this action plan.
My colleague, the Minister for the Environment, has made regulations providing for various procedural matters in relation to the contained use, deliberate release and placing on the market of genetically modified organisms.
Article 16 of the convention which provides for access to and transfer of technology has presented a difficulty for some countries, including Ireland. There has been some debate as to the precise requirements of this article. The guide to the convention states that the obligation each contracting party undertakes is not the outright transfer of technology which makes use of genetic resources. Rather, it is to create a framework permitting technology transfer to take place — in this case the transfer of technology making use of resources to the contracting parties providing the genetic resources used.
However, it stresses the particular obligation towards developing country parties which provide genetic resources. In view of this, and on the advice of the Attorney General, I have decided to adopt the European Union's position and to make a declaration when lodging the instrument of ratification so as to clarify this country's position in regard to this matter. Essentially the declaration confirms that it is Ireland's understanding that any transfer of technology that will take place between Irish operators and developing countries will be voluntary in nature and will respect the principles and rules of intellectual property rights. The declaration, inter alia, encourages the use of the financial mechanism established by the convention to promote the voluntary transfer of intellectual property rights held by Irish operators, in particular as regards the granting of licences, through normal commercial mechanisms and decisions, while ensuring adequate and effective protection of property rights.
The convention provides for a mechanism to provide financial resources on a grant or concessional basis to developing countries. The Global Environment Facility has been entrusted on an interim basis with the operation of this financial mechanism. The Global Environment Facility was established in 1990 to provide grants to developing countries for projects aimed at protecting the global environment in ways that are consistent with their national development goals. Following a three year pilot phase, the Global Environment Facility has been restructured. At the second meeting of the contracting parties to this convention in November last, it was decided that the restructured Global Environment Facility should continue to serve as the institutional structure to operate the financial mechanism pending the establishment of a permanent structure by the contracting parties.
The scale of contributions adopted at the second meeting of the contracting parties is based on the United Nations scale of assessments, which in Ireland's case is .18 per cent of the annual cost. The cost to Ireland in 1996 will be in the region of £12,000 per annum. The Government authorised in June 1992 that the cost of complying with the convention would be met from the allocation for Official Development Assistance.
The motion comes before the House because of the requirements of Article 29, sub-article 5.2 of the Constitution under which the State shall not be bound by any international agreement involving a charge on public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
I commend the motion to the House.