Vol. 486 No. 1
293 Mr. Spring asked the Minister for Foreign Affairs if he will give details of the text of Ireland's reservations to the International Covenant on Civil and Political Rights; the plans, if any, there are to withdraw any of these; if so, when; whether reservations which are no longer applicable have been formally withdrawn; if not, when this will take place; and if he will make a statement on the matter. [1773/98]
Ireland lodged its instrument of ratification to the International Covenant on Civil and Political Rights on 8 December 1989, subject to seven reservations. The reservation entered to Article 6, paragraph 5 regarding the death penalty was subsequently withdrawn as the Criminal Justice Act, 1990, abolished the death penalty.
294 Mr. Spring asked the Minister for Foreign Affairs when the text of the UN Convention on the elimination of all Forms of Racial Discrimination will be formally submitted for the approval of Dáil Éireann; and if he will make a statement on the matter. [1774/98]
The UN Convention on the Elimination of All Forms of Racial Discrimination will be ratified as soon as the domestic legislation which is required to give effect to the convention in Irish law has been adopted. The Department of Justice, Equality and Law Reform is currently working on the necessary draft legislation, namely, a revised Equal Status Bill which has already been tabled in the Dáil and a revised Employment Equality Bill which is expected to be introduced later this year. These two Bills will replace earlier legislation which was found to be unconstitutional by the Supreme Court. Once they have been passed into law, I will seek Dáil approval for ratification of the convention.
295 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify Protocol number seven to the European Convention on Human Rights as promised in the White Paper on Foreign Policy; the obligations, if any, of the Protocol which are already binding on Ireland in international law; and if he will make a statement on the matter. [1778/98]
Protocol number seven to the European Convention on Human Rights was opened 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. My Department has an obligation to play a co-ordinating role.
The provisions of protocol number seven touch upon a number of complex issues currently before the Government. The question of ratification has received preliminary consideration by the Government Departments concerned but further detailed work and consultation is necessary to establish the legal, constitutional and possible legislative implications of such a step. In particular, full account needs to be taken of the substantive legislative changes and other legal developments which have taken place in the relevant areas since our signature of the protocol in 1984. Those complex issues involve matters relating to the expulsion of lawfully resident aliens and equality as between spouses following marital breakdown.
Concerning the second part of the Deputy's question, a number of the rights elaborated by the protocol are also reflected in the United Nations Convenant on Civil and Political Rights, to which Ireland is a party. In particular, article one of the protocol — the right of a lawfully resident alien not to be expelled except in accordance with law — reflects the language contained in article 13 of the covenant. Similarly, article four of the protocol — the right of a person not to be tried or punished a second time for an offence for which they have already been convicted or acquitted — and article five of the protocol — equality of rights as between spouses — correspond to articles 14 (7) and 23 (4) respectively of the covenant.
296 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify the Council of Europe Framework Convention on National Minorities of 1995; and if he will make a statement on the matter. [1784/98]
The Framework Convention for the Protection of National Minorities was opened for signature on 1 February 1995 and was signed by Ireland on that occasion. The framework convention has been signed by 36 states of whom 15 have ratified the convention. The convention will enter into force on 1 February 1998.
The framework convention sets out a number of principles and objectives for the protection of national minorities in a wide range of areas including the legal, economic, social and cultural fields.
Ireland, in common with the majority of signatory states, decided that it would be advisable to defer ratification until the outcome of negotiations for the establishment of a reporting mechanism under the convention. These negotiations have now concluded and the Committee of Ministers of the Council of Europe at their last meeting in November 1997 adopted proposals for a reporting mechanism which will involve the creation of an expert-level advisory committee for the convention.
Ratification is under active consideration and it is hoped Ireland will be in a position to ratify the framework convention in the very near future.
297 Mr. Spring asked the Minister for Foreign Affairs if he will provide a list of Council of Europe instruments in the European Treaty series ratified or signed without reservation as to ratification by Ireland since 1 October 1995; and if he will make a statement on the matter. [1785/98]
The following is a list of Council of Europe instruments in the European Treaty Series ratified by Ireland since 1 October 1995:
298 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify the Council of Europe European Convention for the Peaceful Settlement of Disputes of 1957; the role, if any, of Ireland in drafting or initiating the convention; and if he will make a statement on the matter. [1787/98]
The European Convention for the Peaceful Settlement of Disputes was opened for signature on 29 April 1957 and signed by Ireland on that occasion. To date the convention has been signed by 17 states of whom 13 have ratified the convention.
There have been no signatures or ratifications of this 40 year old convention in recent times. The primary framework in Europe for the peaceful settlement of disputes is provided by the Organisation for Security and Co-operation in Europe. Accordingly, the question of ratification by Ireland of the convention has not been receiving active consideration.
Concerning the part of the question asking the role, if any, which Ireland played in the initiation and drafting of the convention, my Department has been unable, in the short time available to it since the Deputy tabled his question, to locate and retrieve the relevant documents from the national archives.
299 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify the UN Convention against the taking of hostages of 1979; and if he will make a statement on the matter. [1789/98]
The International Convention Against the Taking of Hostages was adopted on 17 December 1979 and entered into force on 3 June 1983. There are 80 state parties to the convention. Ireland has no immediate plans to ratify the convention.
300 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify the UN Convention Against the Recruitment of Mercenaries of 1989; and if he will make a statement on the matter. [1790/98]
The International Convention Against the Recruitment of Mercenaries was adopted on 4 December 1989. The convention has not yet entered into force. Italy is the only EU member state to have ratified the convention. Ireland has no immediate plans to ratify the convention.
301 Mr. Spring asked the Minister for Foreign Affairs when Ireland will ratify the Vienna Convention on the Law of Treaties and the Convention of Treaties between States and International Organisations; and if he will make a statement on the matter. [1791/98]
The Vienna Convention on the Law of Treaties was adopted on 22 May 1969. The convention entered into force on 27 January 1980. There are 83 state parties to the convention.
The Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisations was adopted on 21 March 1986. It has not yet entered into force. There are 24 state parties to the convention.
While consideration has been given to Ireland ratifying both of these conventions and while it is proposed that Ireland would sign both of these conventions at an appropriate time, further consideration of both conventions and of the requirements for implementing their provisions into Irish domestic law is necessary due to the complexity of the issues involved.
