Vol. 501 No. 3
139 Proinsias De Rossa asked the Minister for Foreign Affairs when he will be in a position to bring the text of the UN Convention on the Elimination of All Forms of Racial Discrimination before Dáil Éireann for approval; and if he will make a statement on the matter. [5882/99]
Ireland has signed but has not ratified the UN Convention on the Elimination of All Forms of Racial Discrimination. The enactment of two pieces of domestic legislation is necessary before Ireland can ratify the Convention. The Employment Equality Act, 1998, dealing with discrimination in the workplace was enacted in June 1998. Preparations continue at the Department of Justice, Equality and Law Reform with regard to the second piece of legislation, the revised equal status legislation, which will outlaw discrimination in non-employment areas. It is hoped that the revised Equal Status Bill will be published before the end of the Dáil's Easter recess.
Once the Equal Status Bill has been enacted, the UN Convention on the Elimination of All Forms of Racial Discrimination can be formally submitted for Dáil Éireann approval.
140 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify Protocol No. 7 to the European Convention on Human Rights as promised in the White Paper on Foreign Policy; the obligations of the protocol already binding on Ireland in international law; the steps, if any, taken towards ratification of the protocol since 26 June 1997; and if he will make a statement on the matter. [5884/99]
Protocol No. 7 to the European Convention on Human Rights was opened for signature on 22 November 1984 and was signed by Ireland on that occasion.
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. The Department of Foreign Affairs plays a co-ordinating role.
A number of the rights elaborated by the Protocol are also reflected in the United Nations Covenant on Civil and Political Rights, to which Ireland is a Party. In particular, Article 1 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 4 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 5 of the Protocol – equality of rights as between spouses – correspond to Articles 14(7) and 23(4) respectively of the Covenant.
The question of ratification has been considered by the Government Departments concerned over recent months so as to take full account of the substantive legislative changes and other legal developments which have taken place in the relevant areas since signature of the Protocol in 1984. Those complex issues involve, for example, matters relating to the expulsion of lawfully resident aliens and equality as between spouses following marital breakdown.
The matter is far advanced. However, further consideration is required in order to establish, in particular, whether a recent decision by the Supreme Court pertaining to deportation proceedings has implications as regards Article 1 of the Protocol.
141 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the Council of Europe Framework Convention on National Minorities of 1995 in accordance with the Good Friday Agreement; the steps, if any, taken towards ratification of the convention since 26 June 1997; and if he will make a statement on the matter. [5886/99]
The Government has decided to arrange for the moving of a motion in Dáil Éireann approving the terms of the Council of Europe Framework Convention for the Protection of National Minorities and, subject to Dáil approval, the ratification on behalf of Ireland of the Framework Convention.
I will shortly be forwarding the necessary motion for inscription on the Order of Business of the House and would hope to obtain speedy Dáil approval to allow for the ratification by Ireland of the Framework Convention as soon as possible.
142 Proinsias De Rossa 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 by Ireland without reservation as to ratification since 26 June 1997; and if he will make a statement on the matter. [5887/99]
The following are the Council of Europe instruments in the European Treaty Series ratified by Ireland since 26 June, 1997; the European Convention on the abolition of legislation of documents executed by diplomatic agents or consular officers. Ratified 8/12/1998.
Under this Convention States Parties undertake to exempt from any legalisation documents of certificates executed by diplomatic agents or consular offices of a Party. The Parties have to establish a system for the verification, where necessary, of the authenticity of documents to which the Convention applies.
The Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe. Ratified 28/10/1998.
This Protocol provides for privileges and immunities required by the establishment of a new European Court of Human Rights in November 1998.
143 Proinsias De Rossa asked the Minister for Foreign Affairs if he will provide a list of international human rights instruments, if any, ratified or signed without reservation as to ratification by Ireland since 26 June 1997; and if he will make a statement on the matter. [5888/99]
Ireland signed the European Agreement on persons participating in the proceedings of the European Courts of Human Rights in June 1998.
Prior to June 1997, Ireland signed a number of international human rights instruments and the Government is currently working towards ratification of those instruments. With regard to the UN Convention on the Elimination of All Forms of Racial Discrimination, the enactment of two pieces of domestic legislation is necessary before Ireland can ratify the Convention. The Employment Equality Act, 1998, was enacted in June 1998 and preparations continue at the Department of Justice, Equality and Law Reform with regard to the second piece of legislation, the revised equal status legislation. It is hoped that the revised Equal Status Bill will be published before the end of the Dáil's Easter recess. Once this Bill has been enacted, the Convention can be formally submitted for Dáil Éireann approval.
Ratification of the UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment may proceed upon enactment of the Criminal Justice (United Nations Convention Against Torture) Bill, 1998. The Bill has completed Committee Stage in the Seanad.
144 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the Council of Europe Convention for the Peaceful Settlement of Disputes of 1957; the role, if any, of Ireland in drafting or initiating the 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. [5890/99]
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 seventeen states of whom thirteen 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 Cooperation in Europe. Accordingly, the question of ratification by Ireland of the Convention is not under active consideration.
I have no information readily available concerning the role, if any, which Ireland played in the initiation or drafting of the Convention.
145 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the UN Convention against the Recruitment of Mercenaries of 1989; the steps, if any, taken towards ratification of the convention since 26 June 1997; and if he will make a statement on the matter. [5893/99]
The International Convention Against the Recruitment of Mercenaries is not yet in force. The Convention will not enter into force until 22 states have ratified or acceded to the Convention. As of 16 February 1999, there were 16 signatories and 16 states parties to the Convention.
While Ireland's accession to this Convention is not currently under active consideration, accession has not been ruled out. It may be that at some stage in the future a decision would be taken to accede to the Convention. The situation will be kept under review in the context of the ongoing assessment and prioritisation of Ireland's international commitments.
146 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the UN Migrant Workers Convention of 1990; the steps, if any, taken towards ratification of the convention since 26 June 1997; and if he will make a statement on the matter. [5894/99]
Ireland has not ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. At present, there are six signatories and ten states parties to the Convention. It has not yet entered into force. Ireland's position will be kept under review in the context of the ongoing assessment and priorisation of international commitments.
147 Proinsias De Rossa asked the Minister for Foreign Affairs when Ireland will ratify the Vienna Convention on the Law of Treaties and the Convention on Treaties between States and International Organisations; the steps, if any, taken towards ratification of the conventions since 26 June 1997; and if he will make a statement on the matter. [5895/99]
Ireland proposes to become a party to both the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969 and the Vienna Convention on the Law of Treaties between States and International Organisations or between International Organisations, done at Vienna on 21 March 1986. Before the State can become a party to the Conventions, further consideration of their terms will be necessary due to their complexity and no date has been set by which Ireland will become a party to them. Many provisions of both Conventions are replicated in customary international law and are thus applicable to Ireland in its treaty relations with other states and with international organisations. I am satisfied that while it is desirable that Ireland should in due course become party to the Conventions, our internationals relations are not adversely affected by the fact that we are not party to them at present.
