Vol. 492 No. 5
I move amendment No. 1:
In page 3, between lines 20 and 21, to insert the following:
"‘International Fact-Finding Commission' means the International Fact-Finding Commission established under Article 90 of Protocol I;".
This is a technical amendment and provides for an appropriate definition to be assigned to the international fact-finding commission.
Amendments Nos. 2, 4 and 6 form a composite proposal and all may be taken together. Is that agreed? Agreed.
I move amendment No. 2:
In page 4, line 9, after "text" to insert "in the English language".
The purpose of the amendment is to ensure the English text is the text referred to in every case. A number of amendments in the name of Deputy Spring were ruled out of order as not arising from Committee Stage. They sought to ensure that the totality of the conventions be referred to, rather than the facility for picking and choosing between aspects of the conventions as they might be applied.
The Bill is being passed in the English language and thus that language prevails. The idea behind the amendment is not contained in previous legislation, therefore there is no need for it. If there were different community language versions of the text, it might be necessary to specify the English language. However, it is not necessary to specify it in this case.
Amendments Nos. 3, 5 and 7 form a composite proposal and may be taken together. Is that agreed? Agreed.
I move amendment No. 3:
In page 4, line 10, after "Act" to insert "which said Protocol shall have the force of law in the State".
The amendment seeks to ensure the implementation of the protocol as a totality.
This amendment is not necessary. This is not a EU directive. The Bill gives effect to the protocol in domestic law. The proposal contained in the amendment would require a Government decision before acceptance. We discussed this matter on Committee Stage.
I move amendment No. 8:
In page 4, line 24, to delete "commits," and substitute "commits".
This amendment makes a grammatical correction by deleting the comma after the word "commits".
I move amendment No. 9:
In page 5, line 5, to delete "II" and substitute "11".
This amendment makes a printing correction to make it clear that the text should read 11, not II.
Amendments Nos. 10, 11, 12 and 13 are cognate and consequential on amendment No. 15. Amendment No. 22 is also consequential on amendment No. 15. Amendments Nos. 10, to 13, inclusive, and 15 and 22 may, therefore, be taken together. Is that agreed? Agreed.
I move amendment No. 10:
In page 5, line 10, after "Protocol I" to insert "or Protocol II".
The purpose of the amendment is to enable a minor breach of Protocol II to be brought within the scope of the Bill. Breaches of humanitarian rules in non-international armed conflicts should also carry the appropriate sanctions. This and amendments Nos. 11, 12 and 13 are cognate and are akin to each other. The same sanctions should apply to internal conflicts, which we are witnessing in different parts of the world at present.
I move amendment No. 11:
In page 5, line 17, after "Protocol I" to insert "or Protocol II".
I move amendment No. 12:
In page 5, line 19, after "Protocol I" to insert "or Protocol II".
I move amendment No. 13:
In page 5, line 25, after "Protocol I" to insert "or Protocol II".
I move amendment No. 14:
In page 5, line 27, after "subsection (3)," to insert "the substitution for ‘six months' of ‘12 months' and".
This is an interesting proposal. However, there is no need to increase the period of imprisonment from six to 12 months. A period of imprisonment of six months in 1962 is no different in 1998. There has been no depreciation in effect although there has been a depreciation in monetary values. We discussed the monetary aspect on Committee Stage and we have changed the monetary values from 1962 to the present to reflect these changes. However, in terms of a person's deprivation of liberty, six months in 1962 is the same as six months in 1998. There is no need, therefore, to extend the time period from six to 12 months.
I move amendment No. 15:
In page 5, to delete lines 31 to 33 and substitute the following:
"(g) the substitution for subsection (4) of the following:
‘(4) In this section "minor breach" means—
(a) contravention of a provision of any of the Scheduled Conventions or of Protocol I which is not any such grave breach of that Convention of that Protocol as is mentioned in the relevant Article thereof referred to in section 3 of this Act, or
(b) a contravention of Protocol II.'.".
Amendments Nos. 16 and 17 are related and both may be taken together. Is that agreed? Agreed.
I move amendment No. 16:
In page 6, between lines 7 and 8, to insert the following:
6. —The Principal Act is hereby amended by the insertion after section 5 of the following section:
5A. In any proceedings under this Act, judicial notice shall be taken of a report of the International Fact-Finding Commission, submitted under paragraph 5 of Article 90 of Protocol I.'.".
This amendment enables judicial notice to be taken in court proceedings of a report of the International Fact-Finding Commission. Any report of that commission could be admitted in evidence in proceedings. I am sure the House will welcome this important amendment.
I move amendment No. 18:
In page 6, line 33, after "any" to insert "other".
The Minister of State confirmed the issue regarding language which we discussed in regard to the Protocols. I understand from a discussion on Committee Stage that agreement on the Protocols involved their adoption in six languages. That is why I specified the English language text as the one that should be used in the Schedule. I accept the Minister's version of this, but I ask him to confirm this is the case.
As I said, it was adopted in English and, therefore, there was no need to apply it across the board.
I move amendment No. 19:
In page 8, line 16, to delete "10" and substitute "8".
This amendment is in my name and that of Deputy Spring. This issue was raised by Deputy Spring. We corrected a number of these on Committee Stage, but we omitted to correct this one.
Amendments Nos. 21 and 20 are cognate and, therefore, can be taken together.
I move amendment No. 20:
In page 8, line 29, after "war" to insert "or armed conflict".
We corrected this in another section on Committee Stage. The word "war" arises again and this amendment is to provide for consistency.
This amendment is very welcome.
I move amendment No. 21:
In page 8, line 38, after "war" to insert "or armed conflict".
I move amendment No. 22:
In page 9, line 4, after "Protocol I" to insert "or a minor breach of Protocol II".
Amendment No. 24 is consequential on amendment No. 23 and, therefore, amendments Nos. 23 and 24 can be taken together.
I move amendment No. 23:
In page 9, between lines 4 and 5, to insert the following:
13.—There may be paid by the Minister to the International Fact-Finding Commission, out of moneys provided by the Oireachtas, contributions, towards the administrative expenses of the Commission, of such amounts as the Minister, with the consent of the Minister for Finance, may sanction.".
A brief reference was made to this matter earlier. This amendment enables Ireland to pay its annual contribution towards the administrative costs of the International Fact-Finding Commission. I mentioned that commission in another context earlier. The amendment needs to be recommitted because this is a financial provision. Amendment No. 24 enables the expenses arising by virtue of this legislation to be paid from public funds.
I move amendment No. 24:
In page 9, between lines 4 and 5, to insert the following:
14.—The expenses incurred by the Minister or the Minister for Defence in the administration of this Act or anything relating thereto shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.".
Deputies will recall that on Second and Committee Stages requests were made for information on international instruments relating to human rights. I undertook to have that information compiled and to furnish it to the House. On Committee Stage Deputies Spring, O'Malley and a number of other Deputies requested this information be compiled. I am pleased I am now in a position to respond to those requests. I hope the following list of international conventions and agreements on human rights and humanitarian law in chronological order of adoption and Ireland's status in relation to them, in accordance with the information available to my Department, will be of assistance to Deputies.
We are party to the 1926 Slavery Convention; the 1930 Forced Labour Convention; and the 1948 Freedom of Association and Protection of the Right to Organised Convention. We are also party to the Convention on the Prevention and Punishment of the Crime of Genocide; the 1949 Right to Organise and Collective Bargaining Convention. We are party to the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; the Geneva Convention relative to the Treatment of Prisoners at War; and the Geneva Convention relative to the Protection of Civilian Persons in Time of War. The Convention for the Suspension of the Traffic in Persons and of the Exploitation of the Prostitution of Others has not been signed. We are party to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms; and the 1951 Equal Remuneration Convention. We are also party to the Convention relating to the Status of Refugees.
The 1952 Convention on the International Right of Correction has not been signed. We are party to the Convention on Political Rights of Women; the 1953 Protocol amending the Slavery Convention signed at Geneva on 25 September 1926; the 1954 Convention relating to the Status of Stateless Persons; the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery; and the 1957 Convention on the Nationality of Married Women. We are also party to the Abolition of Forced Labour Convention. The 1958 Discrimination (Employment and Occupation) Convention has not been signed.
I am not sure of the status of the 1960 Convention against Discrimination in Education. We are party to the 1961 Convention on the Reduction of Statelessness. The 1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages has not been signed. I am not sure of the status of the Protocol Instituting a Conciliation and Good Offices Commission regarding responsibility for seeking a settlement of any disputes which may arise between State Parties to the Convention against Discrimination in Education.
We are party to the 1964 Employment Policy Convention. The 1965 International Convention on the Elimination of All Forms of Racial Discrimination has been signed. We are party to the 1966 International Covenant on Economic, Social and Cultural Rights. We are also party to the International Covenant on Civil and Political Rights; the Optional Protocol to the International Covenant on Civil and Political Rights; and the Protocol relating to the Status of Refugees. The 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity; the 1971 Workers' Representatives Convention; and the 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid have not been signed. We are party to the Convention concerning Minimum Age for Admission to Employment.
The 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); and the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) have been signed. The 1978 Labour Relations (Public Service) Convention has not been signed. We are party to the 1979 Convention on the Elimination of All Forms of Discrimination against Women. The 1981 Convention (No. 154) concerning the Promotion of Collective Bargaining has not been signed. The 1984 Protocol No. 7 to the European Convention for Human Rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment have been signed. The 1985 International Convention against Apartheid in Sports, the 1988 Convention (No. 168) concerning Employment Promotion and Protection and Protection against Unemployment and the 1989 Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries have not been signed.
We are party to the Convention on the Rights of the Child and the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has not been signed. The 1995 Framework Convention for the Protection of National Minorities has been signed.
I thank Deputies for their contributions to the debate and their assistance in passing the Bill. This is important legislation which will enable Ireland to be counted among those states which recognise and protect the victims of armed conflict, whether combatants or civilians. Members were helpful in their suggestions and I hope Opposition Deputies will appreciate that their proposals were given careful consideration. We were as open as possible to accepting their views. I acknowledge the work done by all involved and I thank the officials for their diligence, commitment and assistance to Members.
