Written Answers. - International Agreements.

Ruairí Quinn

Question:

881 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposed international multilateral agreements under the auspices of his Department being negotiated or prepared; the international organisation, if any, in each case through whose machinery the agreement is being negotiated; if it is proposed to ratify or accede to the agreement, if adopted; if so, if legislation will be required; and if he will make a statement on the matter. [19551/00]

The information requested by the Deputy is set out in the following tabular statement:

Agreement being negotiated or prepared

International Organisation (if any)

Whether it is proposed to ratify or accede

Will legislation be required?

Framework decision on the standing of victims in criminal proceedings

European Union

The framework decision is still the subject of negotiation at EU level.

It is not known as yet whether legislation is required

UN Convention Against Transnational Organised Crime.

United Nations

Negotiations on the United Nations Convention Against Transnational Organised Crime were completed in July this year and the convention is expected to be signed in December.

Some legislative changes may be required to enable Ireland to ratify that convention in due course. The Office of the Attorney General will be consulted on possible changes.

Protocol against the smuggling of migrants by land, air and sea, supplementing the UN Convention Against Transnational Organised Crime.Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the UN Convention Against Transnational Organised Crime.Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the UN Convention Against Transnational Organised Crime.

United Nations

Negotiations on the protocols to the United Nations Convention Against Transnational Organised Crime are still under way.

Some legislative changes may be required to enable Ireland to ratify that convention in due course. The Office of the Attorney General will be consulted on possible changes.

Agreement being negotiated or prepared

International Organisation (if any)

Whether it is proposed to ratify or accede

Will legislation be required?

Draft Convention on Cybercrime.

Council of Europe

Currently under negotiation.

Participation in elements of the Schengen Acquis.

European Union

Subject to the approval of both Houses of the Oireachtas in accordance with constitutional requirements.

Some legislative changes will be required

Revision of Lugano Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters.

European Union/European Free Trade Association

To be decided in due course.

Probably

Draft Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters.

Hague Conference on Private International Law

To be decided in due course

Probably

Draft framework decision on combating fraud and counterfeiting of non-cash means of payment.

European Union

Yes – adoption

The necessary provisions have been included in the Criminal Justice (Theft and Fraud Offences) Bill, 2000 which is awaiting Second Stage.

Draft EU Initiative on Trafficking in People. The present proposal is for a mix of a directive and framework decision.

European Union

Initiative is at an early stage of negotiation. Matter will be brought before Government in due course in relation to the adoption of the proposal.

This would be dependent on the final text.

Draft Convention on improving mutual assistance in criminal matters

European Union

Matter will be brought before Government in due course in relation to ratification or adoption.

This would be dependent or the final text.

Draft 2nd Additional Protocol to the 1959 Mutual Assistance Convention
Council of Europe
Matter will be brought before Government in due course in relation to ratification or adoption.
This would be dependent on the final text.

Ruairí Quinn

Question:

882 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the international multilateral agreements under the auspices of his Department 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; if it is proposed to sign the agree ment; if so, when; if legislation is required; and if he will make a statement on the matter. [19566/00]

The information sought by the Deputy is set out in the following statement:

Agreement

Date and Place it was opened for signature

International Organisation, if any

Whether it is proposed to sign the Agreement

Will legislation be required?

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents

14 December 1973 New York

United Nations

It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place

Yes

Second Protocol to the European Convention on Extradition.

13 December 1977 Paris

Council of Europe

It is intended that Ireland will sign the protocol as soon as the necessary implementing legislation is in place.

Yes

Agreement

Date and Place it was opened for signature

International Organisation, if any

Whether it is proposed to sign the Agreement

Will legislation be required?

International Convention against the Taking of Hostages

17 December 1979 New York

United Nations

It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place.

Yes

Agreement between the member states of the European Communities on the Simplification and Modernisation of Methods of Transmitting Extradition Requests.

26 May 1989San Sebastian

European Union

It is intended that Ireland will sign the agreement as soon as the necessary implementing legislation is in place.

Yes

Convention on the Marking of Plastic Explosives for the Purpose of Detection

1 March 1991 Montreal

International Civil Aviation Authority

It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place

Yes

Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

31 January 1995 Strasbourg

Council of Europe

It is intended that Ireland will sign the agreement as soon as the necessary implementing legislation is in place.

Yes

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.

19 October 1996The Hague

Hague Conference on Private International Law

Signature and ratification to be decided in due course when Protection of Children (Hague Convention) Bill, 1998 is passed.

Yes

Additional Protocol to the Convention on the Transfer of Sentenced Persons.

18 December 1997 Strasbourg

Council of Europe

The matter is currently under consideration.

Yes, amending legislation will be required if Ireland decides to ratify agreement.

European Convention on Nationality.

7 November 1997 Strasbourg

Council of Europe

Under consideration.

Under consideration.

The Deputy will appreciate that signature by Ireland of an international agreement is a matter for decision by Government. There are other international agreements which have not been signed by Ireland and in respect of which signature has not been proposed or remains under consideration. Many of these agreements are long standing and vary in their potential application to and interest for the State. Should the Deputy be concerned to seek the position in relation to any particular international agreement, I shall be glad to furnish him with any available information.

Ruairí Quinn

Question:

883 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the international multilateral agreements under the auspices of his 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; if it is proposed to ratify or accede to the agreement; if so, when; if legislation is required; and if he will make a statement on the matter. [19581/00]

The information requested by the Deputy is set out in the following tabular statement:

Agreement

Date and Place it wasopened for signature

InternationalOrganisation, ifany

Whether it is proposedto ratify or accede. Ifso, when this willoccur

Will legislation berequired?

International Convention on the Elimination of All Forms of Racial Discrimination. Signed by Ireland: 21 March 1968.

21 December 1965 New York

United Nations

Yes

The necessary legislation, namely the Employment Equality Act, 1998 and the Equal Status Act, 2000, has been enacted. Ratification of the convention is proposed in the coming months

European (Council of Europe) Convention on the Control of the Acquisition and Possession of Firearms by Individuals (1978). Signed by Ireland: 28 June 1978.

28 June 1978 Strasbourg

Council of Europe

Under consideration.

Yes

First Protocol concerning the Interpretation by the Court of Justice of the Convention on the Law Applicable to Contractual Obligations. Signed by Ireland: 19 December 1988

19 June 1980 Brussels

European Union

Yes. Measures necessary to ratify the protocol to be reviewed subject to disposal of legislative priorities.

Yes

United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Signed by Ireland: 28 September 1992

December 1984 New York

United Nations

Yes. Government and Dáil approval will be sought in the near future for ratification and the making of certain declarations.

Necessary legislation already enacted.

Convention on the Accession of Spain and Portugal to the Convention on the Law Applicable to Contractual Obligations. Signed by Ireland: 18 May 1992

18 May 1992 Funchal

European Union

Yes. Legislation necessary to ratify the convention will be dealt with subject to disposal of legislative priorities.

Yes

Convention on Simplified Extradition Procedures between the Member States of the European Union. Signed by Ireland: 10 March 1995

10 March 1995 Brussels

European Union

Yes. As soon as the necessary implementing legislation, the preparation of which is under way, is in place.

Yes

Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 26 July 1995

26 July 1995 Dublin

European Union

Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.

Yes

European Convention on the Exercise of Children's Rights. Signed by Ireland: 25 January 1996

25 January 1996 Strasbourg

Council of Europe

Arrangements to ratify the convention will be made when certain provisions in the Children Act, 1997, are brought into force.

No

Agreement

Date and Place it wasopened for signature

InternationalOrganisation, ifany

Whether it is proposedto ratify or accede. Ifso, when this willoccur

Will legislation berequired?

Convention relating to Extradition between the Member States of the European Union. Signed by Ireland: 27 September 1996

27 September 1996 Dublin

European Union

Yes. As soon as the necessary implementing legislation, the preparation of which is under way, is in place.

Yes

Protocol to the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 27 September 1996

27 September 1996 Brussels

European Union

Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.

Yes

Convention on the Accession of Austria, Finland and Sweden to the Convention on the Law Applicable to Contractual Obligations (as amended) and to the First and Second Protocols on its interpretation by the Court of Justice Signed by Ireland: 29 November 1996

29 November 1996 Brussels

European Union

Yes. Legislation necessary to enable ratification of the convention will be dealt with subject to disposal of legislative priorities.

Yes

Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 29 November 1996

29 November 1996 Brussels

European Union

Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.

Yes

Convention on the Service in the Member States of the European Union of Judicial and Extra Judicial Documents in Civil and Commercial Matters and the Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities. Signed by Ireland: 26 May 1997

26 May 1997 Brussels

European Union

The subject matter of this convention formed the basis for a Commission proposal for a Council Regulation which was adopted by the Justice and Home Affairs Council in May 2000. That Regulation will enter into force in 31 May, 2001.

In the normal course, primary legislation should not be required.

Convention on Corruption involving Officials of the EU or of Member States of the European Union. Signed by Ireland: 26 May 1997

26 May 1997 Brussels

European Union

Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.

Yes

Second Protocol to the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 19 June 1997

19 June 1997 Brussels

European Union

Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.

Yes

Agreement

Date and Place it wasopened for signature

InternationalOrganisation, ifany

Whether it is proposedto ratify or accede. Ifso, when this willoccur

Will legislation berequired?

Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Signed by Ireland: 17 December 1997

21 November 1997 Paris

OECD

Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.

Yes

United Nations Convention for the Suppression of Terrorist Bombings. Signed by Ireland: 29 May 1998

12 January 1998 New York

United Nations

Yes. As soon as the necessary implementing legislation is in place.

Yes

Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and the Protocol on its Interpretation by the Court of Justice of the European Communities. Signed by Ireland: 28 May 1998.

28 May 1998 Brussels

European Union

The subject matter of this convention formed the basis for a Commission proposal for a Council Regulation which was adopted by the Justice and Home Affairs Council in May 2000. That Regulation will enter into force on 1 March 2001.

In the normal course, primary legislation should not be required.

Council of Europe Criminal Law Convention on Corruption. Signed by Ireland: 7 May 1999

27 January 1999 Strasbourg

Council of Europe

Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.

Yes

Civil Law Convention on Corruption. Signed by Ireland: 4 November 1999

4 November 1999 Strasbourg

Council of Europe

Under consideration.

Under consideration.

Convention on Mutual Legal Assistance in Criminal Matters. Signed by Ireland: 29 May 2000

29 May 2000 Brussels

European Union

Yes. As soon as the necessary implementing legislation is in place.

Yes

Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. Signed by Ireland: 7 September 2000

5 June 2000 New York

United Nations

Yes. As soon as any legislation, the necessity for which is being examined, is in place.

Maybe

On 7 September 2000, in New York, the Taoiseach signed and ratified the optional protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. No legislation is required in relation to the optional protocol.