Thomas P. Broughan
Question:6 Mr. Broughan asked the Minister for Foreign Affairs when Ireland's second report under the ICCPR is due; when it will be submitted and published; and if he will make a statement on the matter. [22382/97]
Other Questions. - ICCPR Report.
Róisín Shortall
Question:20 Ms Shortall asked the Minister for Foreign Affairs the recommendations and comments of the UN Human Rights Committee on Ireland's first national report under the ICCPR; the action, if any, which is proposed to address each of these recommendations or comments; and if he will make a statement on the matter. [22381/97]
I propose to take Questions Nos. 6 and 20 together. Under Article 40 of the International Covenant on Civil and Political Rights, all states parties are required to present periodic reports to the UN Human Rights Committee. These reports are intended to set out details of the protection afforded under domestic law of the rights guaranteed in the covenant, and also to show how its provisions are being implemented. The Department of Foreign Affairs co-ordinates the preparation of Ireland's reports under this covenant.
Our first national report was completed and published in October 1992 and then presented to the Human Rights Committee in Geneva. It was considered by that committee in July 1993. Arising out of this examination, the committee compiled its general comments on our report which were published on 3 August 1993. It referred firstly to the high quality of the report itself and expressed its satisfaction with the constructive fashion in which Ireland had approached its dialogue with the committee.
It then elaborated on the positive aspects of the report and commended certain specific legislative and administrative developments. A number of concerns about lreland's implementation of some provisions of the covenant were also addressed, as is normal when such state-party reports are being examined. These concerns were subsequently conveyed to the various implementing Government Departments as the responsibility for acting on these matters lies primarily with them.
Ireland's second national report on this covenant was scheduled to be submitted in March 1996. However, there is a considerable backlog of reports facing the Human Rights Committee and this delay is not seen as critical by the UN. The Department of Foreign Affairs, in conjunction with other Government Departments, is now finalising the draft of the report, which will contain information on the measures taken by implementing Departments to address those points of concern raised by the committee in its examination of the first report, as well as updated material on administrative, legislative and constitutional developments and policy initiatives undertaken since then. It is envisaged that this report will be ready for submission in spring of next year.
I should also mention that, in recognition of the important role played by the NGO community in matters relating to civil and political rights, a number of interested NGOs were invited to consider the draft of the second national report on a confidential basis. The purpose of this consultation was to enable NGOs to convey their views on the draft itself and on how Ireland could achieve fuller implementation of the terms of the covenant. This consultative process culminated in a meeting of NGO representatives and officials from a number of Government Departments on 28 October last which facilitated a most constructive exchange of views on the draft report and on the issues addressed in the covenant. In the final version of the report which is now being prepared, my Department will seek to reflect the views of the NGO community as expressed through this process, including by means of a specific chapter in the report.
First, will the Minister explain the 12 month delay in submitting the report? It was due last March and now we have been told it will not be submitted until next year.
Second, while I welcome the involvement of NGOs who are constructive and have a good relationship with the Department of Foreign Affairs, is there any prospect of the draft report being brought before the House? The House should consider the report before it is submitted as we have rights as well as the NGOs.
Third, the Minister said we will be informed when the report is submitted on action taken since the first report in October 1992. Will the Minister inform us of progress made on the areas suggested by the UN? Are there areas where we need to take further action?
In reply to the third part of the Deputy's question, the substantive part of the committee's comments in the first report refer to eight principal subjects of concern arising from the report. These include the legal status of the convention under Irish law; the provisions of the Emergency Powers Act, 1976; the regulation of law enforcement officials; the adequacy of our legal aid schemes; the issue of imprisonment for non-payment of debts and imprisonment of juveniles; freedom of information legislation, including the availability of information on abortion; the provisions of section 31 of the Broadcasting Act; the absence of divorce legislation and the legal status of non-nationals. These issues concern domestic policies and are within the remit of other Departments, particularly the Department of Justice, Equality and Law Reform. Many of these issues have been addressed by legislative and constitutional means over the past four years, specifically the ending of the national emergency on 16 February 1995, the constitutional referendum on abortion, information and divorce, and the rescinding of the ministerial order made under section 31 of the Broadcasting Authority Act. Further provisions are contained in the Government's legislative programme. Others are being actively considered by the relevant Department.
As to the delay in preparing the second report, it seems there is quite a backlog of reports waiting to be heard by the committee and that it is not viewed as critical that there is some delay in finalising our second report. However, work is in hand in the Department in putting the final report together and it is due to be ready by the spring of 1998.
Regarding the Deputy's proposals for a debate on the draft report, I would be open to such a debate. I agree that as well as including civil society and non-governmental organisations, it is important that Members of this House are acutely aware and kept informed at all times of the progress of our compliance with the details and articles of the covenant. The main mechanism of compliance with the covenant is primarily by way of reports. For that reason our drafting of and contribution to the report, and compliance with the articles of the covenant which are still outstanding, should properly be a subject for debate in this House. I intend to have a wider debate on human rights generally in the context of a number of events which are planned by my Department to highlight this year of human rights and the 50th anniversary of the signing of the Universal Declaration of Human Rights. That might be the opportunity to debate the draft report.
I welcome the Minister's openness in relation to having a full debate. There are three areas where we are in difficulty in relation to the United Nations because we have not ratified human rights conventions. Could the Minister outline to the House when the Government will be in a position to ratify the racial discrimination convention, the torture convention and protocol 7 to the European Convention which are very important issues?
We have not ratified the convention against torture and other cruel, inhuman or degrading treatment or punishment. In order for us to give effect to the convention it will be necessary to introduce domestic legislation. In regard to the convention against torture and the convention on racial discrimination, work is in hand and it is hoped to introduce legislation early in the new year. Once the legislation is in force we will move to ratify the convention. Regarding the convention on racial discrimination and what the Government is doing to speed up the process of ratification, the advice of the Office of the Attorney General is that to give effect to this convention we will be required to enact an employment equality Bill and an equal status Bill. It is the intention of the Government to ratify the convention once this domestic legislation has been approved by the Dáil. The Department of Justice is working on the equal status Bill which it is hoped will be published in 1998. I do not know whether we can guarantee that the measures necessary for ratification will be in place by 10 December 1998, the 50th anniversary of the signing of the Universal Declaration of Human Rights, but it is my genuine hope that we will reach that target and be in a position by the end of 1998 to ratify this important convention.
Protocol 7 was open for signature on 22 November 1984 and was signed by Ireland on that date. The rights elaborated by the protocol are primarily the responsibility of the Department of Justice, Equality and Law Reform, the Department of Health and Children and the Department of Social, Community and Family Affairs, although my Department has an obligation to play a co-ordinating role. The provisions of protocol 7 touch upon a number of complex issues currently before the Government. While the matter has received preliminary consideration by the Government Departments concerned, much detailed work and consultation is required before we can establish the legal, constitutional and, possibly, legislative implications and take full account of the developments which have taken place in the areas concerned since our signature in 1984. Those complex issues involve matters relating to the expulsion of lawfully resident aliens and equality as between spouses following divorce on marital breakdown. These are issues which fall outside the parameters of my own brief in the Department of Foreign Affairs but in which I have a co-ordinating and non-supervisory role.