Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - International Multilateral Agreements.

Ruairí Quinn

Question:

53 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the roposed international multilateral agreements nder the auspices of her Department which are urrently being negotiated or prepared; in each ase the international organisation, if any, hrough whose machinery the agreement is being egotiated; whether it is proposed to ratify or accede to the agreement if adopted; and if she will make a statement on the matter. [1016/98]

Ruairí Quinn

Question:

154 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the international multilateral agreements under the auspices of her Department which have been signed but not ratified or acceded to by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; whether it is proposed to ratify or accede to the agreement; if so, when this will occur; and if she will make a statement on the matter. [1031/98]

Ruairí Quinn

Question:

155 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment the international multilateral agreements under the auspices of her Department to which her attention has been drawn and which have not been signed by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; whether it is proposed to sign the agreement; if so, when this will occur; and if she will make a statement on the matter. [1046/98]

Minister for Enterprise, Trade and Employment (Miss Harney):

I propose to take Questions Nos. 153, 154 and 155 together.

Agreement	Organisation responsible	Date and place adopted or open signature	When/whether it is proposed to sign
Fifth Protocol on Financial Services to the GATS	World Trade Organisation	12 December 1997	It is intended that an instrument of acceptance of the Protocol will be lodged on behalf of Ireland with the WTO in Geneva in advance of the deadline of 29 January 1999.
Multilateral agreement on investment	OECD	Under negotiation; due to be opened for signature later this year (1998)	It is likely that Ireland will wish to sign and ratify this agreement.
The Patent Law Treaty dealing with the harmonisation of patent law	World Intellectual Property Organisation	Currently being negotiated	A considerable amount of technical and legal debate is still envisaged before any final text emerges. It is therefore not possible to predict the time of ratification or accession.
Community Patent Convention (1989 Luxembourg)	European Union	Luxembourg 1989	Signed by all member states but not in force. Subject currently being reviewed. New proposals expected from EU Commission in the near future.
Protocol relating to the Madrid Agreement concerning international registration of marks	World Intellectual Property Organisation	27 June 1989, Madrid	Already signed by Ireland but not yet ratified. Ratification is dependent upon regulations to be made by the Minister under the Trade Marks Act, 1996.
The Budapest treaty on the international recognition of the deposit of micro-organisms for the purpose of patent procedure	World Intellectual Property Organisation	28 April 1977, Budapest	Signing does not arise. It is intended that Ireland should become a party to the Treaty. A memorandum is currently being prepared for the Government seeking approval for Ireland becoming a party.
Agreement on trade-related aspects of intellectual property rights or the “TRIPS Agreement” (concluded as part of the agreement establishing the World Trade Organisation	World Trade Organisation	15 April 1994, Marrakesh	Certain amendments to existing patents and copyright legislation are required to fulfil the obligations of TRIPS. The drafting of the amending legislation is in train.
Copyright Treaty	World Intellectual Property Organisation	20 December 1996, Geneva	Signed by Ireland on 23 December 1997. Ratification will take place following the enactment of a new Copyright and Related Rights Bill which is currently being prepared by the intellectual property unit.
Performance and Phonograms Treaty	World Intellectual Property Organisation	20 December 1996, Geneva	Signed by Ireland on 23 December 1997. Ratification will take place following the enactment of a new Copyright and Related Rights Bill which is currently being prepared by the intellectual property unit.>
Berne Convention for the protection of literary and artistic works - Paris Act	World Intellectual Property Organisation	24 July 1971, (amended on 2 October 1979, Geneva	It is the Government's intention to sign up to this convention as soon as possible. Ratification will take place following the enactment of a new Copyright and Related Rights Bill which is currently being prepared by the intellectual property unit.
Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts	United Nations/ Economic Commission for Europe	20 March 1958 (amended agreement entered into force on 16 October 1995)	Accession by Ireland is currently being considered in the context of accession by the EU.
Convention on insider trading	Council of Europe	20 April 1989, Strasbourg	Designed to co-ordinate endeavours among the member states of the Council of Europe to tackle the problem of insider trading. Part V of the Companies Act, 1990 introduced statutory provisions to tackle these problems in Ireland and in so doing implemented the EU Directive of 13 November 1989 co-ordinating regulations on insider dealing. No decision to sign or ratify the convention has been taken.
Establishment of companies	Council of Europe	1966 Strasbourg	Designed to provide common rules for the treatment to be accorded to companies and other bodies of each ratifying State in the territories of the other ratifying States. While the introduction of a unified code for the treatment to be accorded to companies proposed in the covnention might have certain advntages, a substantial revision of Irish Company Law would clearly be involved. The EU programme of harmonising company law governing the formation and operation of limited liability companies addresses many of the areas covered by the convention. Ireland has concentrated its resources on negotiating and implementing the relevant EU Directives and Regulations. At this point in time, it is not proposed to pursue the question of signing and ratifying this Convention.

With regard to the convention on insider trading, it should be noted that in July 1989 a protocol to the Council of Europe Convention was adopted which provides that, in their mutual relations, members of the EU shall apply Community rules except in so far as there are no Community rules governing the particular subject concerned. There are no outstanding international multilateral agreements which have been signed but are awaiting ratification in the area which comes under the remit of this Department, the European Social Charter. Ireland signed the European Social Charter which was opened for signature on 18 October 1961 at Turin. On 14 May last, Ireland signed, without reservation as to ratification, the protocol amending the European Social Charter, which was opened for signature by the member states of the Council of Europe signatories to the charter, in Turin on 21 October 1991. Ireland has not signed or ratified the 1988 Additional Protocol, the 1995 Additional Protocol to the charter providing for a system of collective complaints or the revised European Social Charter (1996), because we adhere strictly to the principle that we should only sign and ratify those instruments which are completely in accordance with our existing legislation. This has led us to adopt a very cautious approach to the question of signing the above protocols and revised charter. This matter is undergoing detailed examination at present.

Of the 181 conventions of the International Labour Organisation, ILO, dating from 1919, 50 have been ratified by Ireland and are currently in force. It is unlikely that the majority of the remainder will be ratified by us because they are outdated or have been superseded by more modern conventions. We are actively considering the ratification of a number of recent ILO conventions. It should be noted that signatures, as such, does not arise in the case of ILO conventions. It is the policy to ratify only those conventions which are completely in accordance with our existing legislation.