Written Answers. - International Agreements.

270.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 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. [7206/02]

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

Agreement

Date and Place it was opened for signature

International Organisation

Whether it is proposed to ratify-accede. If so, when this will occur

Will legislation be required?

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

December, 1984New York

United Nations

Yes. Approval of both Houses of the Oireachtas will be sought by the Minister for Foreign Affairs in the near future for ratification.

Necessary legislation already enacted.

Agreement

Date and Place it was opened for signature

International Organisation

Whether it is proposed to ratify/accede. If so, when this will occur

Will legislation be required?

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

12 January, 1998New York

United Nations

Yes. As soon as the necessary implementing legislation is in place. Government approved the drafting of the relevant legislation in Dec, 2001.

Yes

United Nations Convention against Transnational Organised CrimeProtocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and childrenProtocol against the Smuggling of Migrants by land, sea and airSigned by Ireland:13 December, 2000

December, 2000New York andPalermo

United Nations

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

Yes

Convention on Mutual Legal Assistance in Criminal MattersSigned by Ireland:29 May, 2000

29 May, 2000Brussels

European Union

Yes. As soon as the necessary implementing legislation is in place. General Scheme is being prepared.

Yes

Protocol to the EU Convention on Mutual Assistance in Criminal MattersSigned by Ireland:16 October, 2001

16 October, 2001Luxembourg

European Union

Yes. As soon as the necessary implementing legislation is in place. General Scheme is being prepared.

Yes

2nd Additional Protocol to the 1959 European Convention on Mutual Assistance in Criminal MattersSigned by Ireland:8 November, 2001

8 November, 2001Strasbourg

Council of Europe

Yes. As soon as the necessary implementing legislation is in place. General Scheme is being prepared.

Yes

Convention on the Protection of the European Communities Financial InterestsSigned by Ireland:26 July, 1995

26 July, 1995Dublin

European Union

Yes. Arrangements for ratification are expected to commence shortly.

The relevant legislation (Criminal Justice (Theft and Fraud Offences) Act, 2001) was enacted in December, 2001.

Protocol to the Convention on the Protection of the European Communities Financial InterestsSigned by Ireland:27 September, 1996

27 September, 1996Brussels

European Union

Yes. Arrangements for ratification are expected to commence shortly.

The relevant legislation (Criminal Justice (Theft and Fraud Offences) Act, 2001) was enacted in December, 2001.

Agreement

Date and Place it was opened for signature

International Organisation

Whether it is proposed to ratify-accede. If so, when this will occur

Will legislation be required?

Protocol to the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities on the Protection of the European Communities Financial InterestsSigned by Ireland:29 November, 1996

29 November, 1996Brussels

European Union

Yes. Arrangements for ratification are expected to commence shortly.

The relevant legislation (Criminal Justice (Theft and Fraud Offences) Act, 2001) was enacted in December, 2001.

Convention on Corruption involving officials of the EU or of Member States of the European UnionSigned by Ireland:26 May, 1997

26 May, 1997Brussels

European Union

Yes. Procedures for obtaining Dáil approval are under way.

The relevant legislation (Prevention of Corruption (Amendment) Act, 2001) was enacted in July, 2001.

Second Protocol to the Convention on the Protection of the European Communities Financial InterestSigned by Ireland:19 June, 1997

19 June, 1997Brussels

European Union

Yes. Arrangements for ratification are expected to commence shortly.

The relevant legislation (Criminal Justice (Theft and Fraud Offences) Act, 2001) was enacted in December, 2001.

Convention on Combating Bribery of Foreign Public Officials in International Business TransactionsSigned by Ireland:17 December, 1997

21 November, 1997Paris

OECD

Yes. Procedures for obtaining Dáil approval are under way.

The relevant legislation (Prevention of Corruption (Amendment) Act, 2001) was enacted in July, 2001.

Council of Europe Criminal Law Convention on CorruptionSigned by Ireland:7 May, 1999

27 January, 1999Strasbourg

Council of Europe

Yes. Procedures for obtaining Dáil approval are under way.

The relevant legislation (Prevention of Corruption (Amendment) Act, 2001) was enacted in July, 2001.

Convention on Simplified Extradition Procedures between the Member States of the European UnionSigned by Ireland:10 March, 1995

10 March, 1995Brussels

European Union

Yes.

The relevant legislation (Extradition (European Union Conventions) Act, 2001) was enacted in December, 2001.

Convention relating to Extradition between the Member States of the European UnionSigned by Ireland:27 September, 1996

27 September, 1996Brussels

European Union

Yes

The relevant legislation (Extradition (European Union Conventions) Act, 2001) was enacted in December, 2001.

United Nations Conventions for the Suppression of the Financing of TerrorismSigned by Ireland:15 October, 2001

10 January, 2001New York

United Nations

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

Yes

Agreement

Date and Place it was opened for signature

International Organisation

Whether it is proposed to ratify-accede. If so, when this will occur

Will legislation be required?

Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornographySigned by Ireland:7 September, 2000

5 June, 2000New York

United Nations

Yes. As soon as the necessary implementing legislation (the preparation of which is underway) is in place

Yes

First Protocol concerning the interpretation by the Court of Justice of the Convention on the Law Applicable to Contractual ObligationsSigned by Ireland:19 December, 1988

19 June, 1980Brussels

European Union

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

Yes

Convention on the Accession of Spain and Portugal to the Convention on the Law Applicable to Contractual ObligationsSigned by Ireland:18 May, 1992

18 May, 1992Funchal

European Union

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

Yes

European Convention on the Exercise of Children's RightsSigned by Ireland:25 January, 1996

25 January, 1996Strasbourg

Council of Europe

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

No

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 JusticeSigned by Ireland:29 November, 1996

29 November, 1996Brussels

European Union

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

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 CommunitiesSigned by Ireland:26 May, 1997

26 May, 1997Brussels

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 entered into force in 31 May, 2001.

Agreement

Date and Place it was opened for signature

International Organisation

Whether it is proposed to ratify-accede. If so, when this will occur

Will legislation be required?

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 CommunitiesSigned by Ireland:28 May, 1998.

28 May, 1998Brussels

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 entered into force on 1 March, 2001.

Civil Law Convention on CorruptionSigned by Ireland:4 November, 1999

4 November, 1999Strasbourg

Council of Europe

Yes. Following enactment of legislation

Yes

Additional Protocol to Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and data flowsSigned by Ireland:8 November 2001

8 November, 2001Strasbourg

Council of Europe

Yes. Arrangements for ratification will be made as soon as practicable

No

Convention on the Control of the Acquisition and Possession of Firearms by Individuals 1978

28 June, 1978Strasbourg

Council of Europe

Ratification under consideration

Some legislative changes may be required

Protocol No. 12 (on discrimination) to the Convention for the Protection of Human Rights and Fundamental Freedoms

4 November, 2000Rome

Council of Europe

Yes*

The question of whether amending legislation may be necessary is under consideration

*This Protocol will come into force when 10 countries have ratified it. To date one country, Georgia, has ratified the instrument.

Ruairí Quinn

Question:

271 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 through whose machinery the agreement was negotiated; if it is proposed to sign the agreement; if so, when; if legislation is required; and if he will make a statement on the matter. [7221/02]

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

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 of 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.

Agreement (which have not been signed by the State)

Date and Place it was opened for signature

International Organisation

Any proposal to sign the Agreement and if so, when

Will legislation be required?

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, 1995Strasbourg

Council of Europe

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

Yes. Criminal Justice (Illicit Traffic by Sea) Bill – published April, 2000.

Convention on the Safety of United Nations and Associated Personnel

December, 1994New York

United Nations

It is intended that Ireland will accede to the Convention. The procedure for accession is being dealt with by the Minister for Foreign Affairs.

Yes. Criminal Justice (Safety of United Nations Workers) Act, 2000

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

The question of ratification is under review.

No.

International Convention against the Taking of Hostages

18 December, 1979New York

United Nations

It is intended that Ireland will accede to the Convention as soon as the necessary implementing legislation, which was approved by Government for drafting in December, 2001, is in place.

Yes

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

14 December, 1973New York

United Nations

It is intended that Ireland will accede to the Convention as soon as the necessary implementing legislation, which was approved by Government for drafting in December, 2001, is in place.

Yes

Additional Protocol to the European Convention on Extradition

15 October, 1975Strasbourg

Council of Europe

It is intended to accede to the Convention this year.

No

Second Additional Protocol to the European Convention on Extradition

17 March, 1978Strasbourg

Council of Europe

It is intended to accede to the Convention this year

No

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

19 October, 1996Hague

Hague Conference on Private International Law

Yes

The necessary legislation, namely the Protection of Children (Hague Convention) Act, 2000 enacted. Signature and ratification proposed in the context of an EU proposal on joint accession to the Convention by Member States

Convention on Cybercrime

23 November, 2001Budapest

Council of Europe

Yes

It is likely that some change will be required to Irish legislation to implement all the measures contained in the convention

Additional Protocol to the Convention on the Transfer of Sentenced Persons

18 December, 1997Strasbourg

Council of Europe

The matter is under consideration

Yes, amending legislation would be required if Ireland decides to ratify the Agreement

Agreement (which have not been signed by the State)

Date and Place it was opened for signature

International Organisation

Any proposal to sign the Agreement and if so, when

Will legislation be required?

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

1 March, 1991Montreal

International Civil Aviation Organisation

It is proposed to sign the Convention as soon as motions approving signature are passed by the Dáil and Seanad

No

UN Convention Against Transnational Organised Crime – Protocol on the Illicit Manufacturing of and Trafficking in firearms, their parts, components and ammunition

June, 2001New York

United Nations

Yes, as soon as possible in conjunction with proposed signature on behalf of the EU

Some legislative changes may be required

Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid

4 October, 2001Moscow

Council of Europe

The matter is under consideration

N/A

European Convention on Nationality

6 November, 1997 Strasbourg

Council of Europe

Ireland has no plans to sign at present as Articles 11 and 12 of the agreement would be in conflict with our nationality legislation

N/A

Ruairí Quinn

Question:

272 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 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. [7236/02]

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

Agreement being negotiated/prepared

International Organisation(if any)

Whether it is proposed to ratify-accede

Will legislation be required?

Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the fields of drug trafficking

European Union

The Framework Decision is still the subject of negotiation at European level

It is not known as yet whether legislation will be required

Draft Framework Decision on joint investigation teams

European Union

Yes – adoption

The necessary provisions to give effect to the Frame-work Decision are being drafted

Draft Framework Decision on the execution in the EU of orders freezing assets or evidence

European Union

Yes – adoption

Yes – some legislative changes will be required

Draft Directive defining the facilitation of unauthorised entry, transit and residence

European Union

Yes – subject to acceptance of our Schengen application

Some legislative changes will be required

Draft Framework Decision on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence

European Union

Yes – subject to acceptance of our Schengen application

Some legislative changes will be required

Draft Framework Decision on the application of the principle of mutual recognition to financial penalties

European Union

The draft Framework Decision is still under negotiation

Legislation will be required

Agreement being negotiated/prepared

International Organisation(if any)

Whether it is proposed to ratify/accede

Will legislation be required?

UN Convention against Corruption

United Nations

Negotiation of the Convention was only commenced in 2001 and is not expected to be completed until end of 2003

This will depend on final text

Draft Framework Decision on combating trafficking in human beings

European Union

Yes – adoption

Yes

Draft Framework Decision on combating the sexual exploitation of children and child pornography

European Union

Yes – adoption

This would be dependent on the final text

Draft Framework Decision on combating racism and xenophobia

European Union

Yes – adoption

This would be dependent on the final text

Protocol to the Cybercrime Convention criminalising acts of a racist or xenophobic nature committed through computer networks

Council of Europe

Yes

This would be dependent on the final text

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

EU/EFTA

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