Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

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]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

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]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

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]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

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