The situation in Iraq, especially the enormous hardships faced by its people, is of major concern to the Government. I welcome the exchange of views on Iraq which took place in the Seanad on 8 March and I am pleased to be able to take up the issue again in this House. A number of Deputies tabled questions on Iraq for reply today which were not taken due to the decision to hold this debate. I intend to address the substance of those questions in this statement.
There are two separate but closely related issues which lie at the heart of the debate on Iraq. There is the urgent issue of the humanitarian crisis there and the terrible suffering of its people, as witnessed at first hand by members of the Oireachtas Joint Committee on Foreign Affairs during their visit last December. There is also the question of the approach the international community has taken over the past decade to address the proven threat to international peace and security posed by the Iraqi regime following its aggression against its neighbours, especially Kuwait. This approach is set out in the decisions of the UN Security Council which detail the commitments required of Iraq and also established the sanctions regime as a response to Iraq's failure to meet those commitments.
As a member of the UN Security Council, Ireland's approach to the situation in Iraq is informed by both these issues. We want to see an end as soon as possible to the suffering of the Iraqi people and we wish to see the government of Iraq co-operating fully with the United Nations. The international community remains deeply concerned at the threat which Iraq's efforts to develop weapons of mass destruction pose to its population, to regional stability and international arms control efforts. Iraq has said that it is no longer pursuing such weapons programmes and that it has nothing to hide. The international community has asked Iraq to commit itself to independent UN verification to show that this is the case. If Iraq is telling the truth, then the right step would be for it to agree to international arms inspections on the basis of the decisions of the Security Council.
However, until such inspections take place, the jury must remain out on the question of whether Iraq maintains or seeks the capacity to build and use weapons of mass destruction. If recent media reporting that Iraq carried out a controlled nuclear explosion were to be verified, it would give rise to serious concern. The International Atomic Energy Agency is responsible for inspections in Iraq under the Nuclear Non-Proliferation Treaty and under special mandate from the UN Security Council. In 1991 the IAEA uncovered evidence of clandestine uranium enrichment and nuclear weapons programmes in Iraq. However, it is not in a position to verify whether any nuclear device was tested. IAEA activities relevant to UN Security Council resolutions have been suspended as a result of a lack of co-operation on the part of Iraq which has not complied with the semi-annual reporting requirements of the IAEA's verification and monitoring plan.
The reason the sanctions regime is in place is because of the failure of the Iraqi Government to co-operate with the UN disarmament supervisory commission. Security Council Resolution 1284 provides for the suspension of sanctions in return for Iraqi co-operation. Ten years on, in the light of the level of human suffering in Iraq, it is valid to examine whether the current economic sanctions regime is effective or has become counterproductive. Sanctions are maintained as a measure to prevent the Iraqi regime from gaining access to weapons and other military hardware and to encourage Iraq to co-operate with the United Nations. They were never intended to cause unacceptable hardship or suffering to the ordinary people of Iraq. They were intended as a measure to help protect the Iraqi people and their neighbours from a criminal regime.
Similarly, the no-fly zones in Iraq were established originally to protect the vulnerable Kurdish populations in the north of the country and the Marsh Arab population in the south from attacks by the forces of Saddam Hussein. Those populations remain vulnerable to threats of force from the Iraqi regime. The issue of the legality in international law of the no-fly zones and the recent military action in Iraq by the United States and Britain in support of these zones needs to take due account of this reality. There is, unfortunately, no agreed view in the Security Council on the issue. The United States and Britain argue that the establishment of the no-fly zone arrangement is legally justified on the basis of the provisions of a series of UN Security Council Resolutions 678, 686, 687 and 688. Other members of the Security Council contest this interpretation. On the basis of the legal advice available to my Department and given that none of the Security Council resolutions concerned unambiguously authorises the no-fly zone arrangement, it appears that no definitive legal interpretation is possible.
Similarly, the basis or otherwise in international law for the recent attacks by the United States and Britain on Iraqi military installations carried out in the patrol of the no-fly zones is also unclear. What is important, however, is that the Security Council does not view these particular legal issues in isolation. A comprehensive, constructive and forward-looking examination is required, which seeks to solve the various issues in the broad context of the entire approach of the Security Council and the international community towards Iraq.
Let me express, clearly, the Government's position. We recognise that the decisions of the Security Council are binding in international law and must be respected by all members of the international community. We also recognise, however, that those decisions are not set in stone and should be reviewed when the original circumstances change or where there is compelling evidence that the measures concerned are not effective. We accept the reality that progress on the issue can only be made where there is agreement by all five permanent members of the Security Council. We are actively involved in efforts to facilitate such an agreement on an urgent re-examination of the question of sanctions taking into account their humanitarian dimension.
We want that re-examination to result in a comprehensive and early solution which would impact as little as possible on the lives of Iraq's civilian population. The economic and development needs of the Iraqi people do not have to be put on hold pending full compliance by Iraq with the Security Council resolutions. We want to see a system in place which would allow these needs to be fully met within the constraints required to ensure Iraq does not further develop weapons of mass destruction or threaten its neighbours. We recognise, however, that, as long as sanctions remain in place, there is no alternative to the oil for food programme in providing for the humanitarian needs of the Iraqi people. We support the analysis and recommendations of the UN Secretary General on the range of constraints and difficulties which must be overcome to ensure the effective implementation of the programme.
First and foremost, Iraq must live up to its responsibilities to fully utilise the funds available and co-operate in ensuring the necessary assistance reaches those most in need. Additionally, the members of the Iraq Sanctions Committee must work to improve the existing fast-track mechanisms and reduce to a minimum, as soon as possible, the unacceptable number of applications on hold. The green list established for automatically approved goods should be expanded to include all items except those with a clear military application.
We support the continuing discussions between the UN Secretary General and the Government of Iraq and hope these will restart a process of dialogue and co-operation. These positions and concerns of the Government have been expressed at the Security Council and are well understood and respected by all the parties concerned. Gaining support for a comprehensive re-evaluation of sanctions was one of the main objectives of my recent discussions with permanent members of the Security Council. In the capitals which I visited, including Washington, Moscow and Paris, and also my visit to the United Nations in New York, there was a common recognition of the importance of such an exercise. In putting forward Ireland's position at first hand I was able to inform positively the policy reviews under way in these key capitals.
From the outcome of my meetings there is an emerging view, including on the part of the new US Administration, in favour of examining possible new approaches to the continuation and implementation of sanctions. I am hopeful that this will include the approach favoured by Ireland. I anxiously await the outcome of the policy reviews in Washington and elsewhere. I have instructed Ireland's Security Council delegation to play an active and constructive role in bringing this issue forward in New York and to work in the Security Council and the sanctions committee to ensure progress is made in taking the necessary additional measures to eliminate the humanitarian cost of the sanctions.
The Government will continue to provide substantial assistance for the people of Iraq. In addition to our regular contributions to the UN funds and programmes operating in the country, Ireland has provided a total of 596,000 in bilateral humanitarian assistance during 1999 and 2000. Most recently the Government provided £100,000 from Ireland Aid to the International Committee of the Red Cross for the reconstruction and rehabilitation of health, water and sanitation facilities. Since 1997 the European Community Humanitarian Office has disbursed over £21 million in assistance to Iraq focusing on the most vulnerable and basic needs, in particular those of malnourished children. The ECHO is due to engage in a major fact finding and needs assessment mission to Iraq in April. With our UN and EU partners and in conjunction with the Iraqi authorities, the Government will continue to strongly support these and other practical measures to ensure the urgent delivery of humanitarian assistance to children and other vulnerable sectors of the population.
UN economic sanctions, whether applied against Iraq or any other state, should interfere minimally with the everyday lives of the general population. They should not interfere at all with the importation of goods needed for humanitarian and essential civilian use. Sanctions should focus on the regime, not the people. They should be applied, wherever possible, only to those items where there is a real risk of military or similar misuse.
The Government wants to see the circumstances necessary for the lifting of the sanctions against Iraq altogether. All this requires is that the Government of Iraq meet its commitments and demonstrate, with concrete evidence, its peaceful intentions, especially with regard to its neighbours. I look forward to that day of reconciliation between Iraq and the international community. More immediately, I look forward to hearing the views and concerns of other Deputies on this complex and tragic issue. I welcome the close interest and concern which the Joint Committee on Foreign Affairs is continuing to give to the situation in Iraq. The recommendation which Deputy O'Malley, as chairman of the committee, forwarded to me last week is helpful and I will reply to it shortly.