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Dáil Éireann debate -
Tuesday, 2 Mar 1999

Vol. 501 No. 3

Written Answers. - International Conventions.

Proinsias De Rossa

Question:

149 Proinsias De Rossa asked the Minister for Foreign Affairs the recommendations and comments of the UN Human Rights Committee on Ireland's first report under the International Convenant on Civil and Political Rights; the action, if any, proposed to address each of these recommendations or comments; and if he will make a statement on the matter. [5897/99]

Ireland's first report under the International Covenant on Civil and Political Rights was examined by the UN Human Rights Committee in Geneva in July 1993. The committee, in its concluding comments and recommendations, expressed satisfaction with the high quality of the report and the constructive dialogue it had with the high level delegation, led by the Attorney General.

The Human Rights Committee raised eight principal subjects of concern in relation to Ireland's first report under the Covenant. 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 provision of section 31 of the Broadcasting Act; the absence of divorce legislation and the legal status of non-nationals. Many of these issues have been addressed by legislative and constitutional means over the past five years including; the ending of the National Emergency on 16 February 1995, the constitutional referendums on abortion information and divorce and the rescinding of the Ministerial Order made under section 31 of the Broadcasting Act.

Ireland's second report under the Convenant outlines the legislative and constitutional changes made to remedy many of the concerns raised by the Human Rights Committee at the examination of Ireland's first report. Furthermore, the com ments of the committee have been kept under review by the relevant implementing Departments.

Proinsias De Rossa

Question:

150 Proinsias De Rossa asked the Minister for Foreign Affairs the position in relation to Ireland's second report under the International Covenant on Civil and Political Rights; and if he will make a statement on the matter. [5898/99]

The second report of Ireland under the International Covenant on Civil and Political Rights was sent to the United Nations on 29 September 1998. The report outlines the legislative and constitutional changes made to remedy many of the concerns raised by the Human Rights Committee at the examination of Ireland's first report. These measures include: the ending of the National Emergency on 16 February 1995, the Constitutional referendums on abortion, information and divorce and the rescinding of the Ministerial Order made under section 31 of the Broadcasting Authority Act.

Although the report was scheduled to be submitted in March 1996, there is a considerable backlog of reports facing the Human Rights Committee and the late submission of the report is not seen as critical by the UN. The Department of Foreign Affairs co-ordinated the compilation of the report to which all relevant Government Departments contributed.

Proinsias De Rossa

Question:

151 Proinsias De Rossa asked the Minister for Foreign Affairs the position in relation to Ireland's report under the International Covenant on Economic Social and Cultural Rights; and if he will make a statement on the matter. [5899/99]

Ireland's first report under the International Covenant on Economic Social and Cultural Rights was published in 1996 and will be examined by the United Nations in May 1999. The Department of Foreign Affairs co-ordinated the compilation of the report and contributions were made by all relevant Government Departments. The report outlines Ireland's compliance with its obligations to give effect to the economic, social and cultural rights enumerated in the Covenant.

Work has just been completed on the drafting of Ireland's second report under the Covenant. The Human Rights Unit of the Department of Foreign Affairs hosted a consultative meeting with a representative cross section of NGOs on the substantive content of both the first and second reports in December 1998. The key concerns of the NGO sector raised at the consultative meeting will be incorporated in a chapter in the second report entitled consultation with the Non-Governmental Organisation sector.

The Department hopes to formally submit the second report to the UN after the examination of the first report has been concluded.

Proinsias De Rossa

Question:

152 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the 1968 UN Convention on the Non-applicability of Statutory Limitations to War Crime and the 1974 Council of Europe convention; the steps, if any, taken towards ratification of the convention since 26 June 1997; and if he will make a statement on the matter. [5900/99]

The European Convention on the non-applicability of statutory limitation to crimes against humanity and war crimes was opened for signature on 25 January 1974. It has been signed by Belgium, France, The Netherlands and Romania. The Netherlands is the only state to have ratified. The Convention has not entered into force since it has not been ratified by the required number of countries. The United Nations Convention on the non-applicability of statutory limitation to crimes aginst humanity and war crimes was opened for signature on 16 December 1968. It entered into force on 11 November 1970 and has been ratified by 43 countries.

The object of these Conventions is to encourage the adoption of measures by Contracting States to ensure that statutory limitations shall not apply to crimes against humanity and war crimes. The position in this jurisdiction is that statutory limitations do not apply to criminal offences and, accordingly, the question of signature and ratification by Ireland of these Conventions is not seen as a priority and has not received consideration in recent time. The Government has, therefore, no immediate plans to arrange for the ratification by Ireland of either Convention.

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