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Dáil Éireann debate -
Tuesday, 18 Feb 2003

Vol. 561 No. 4

Other Questions. - Arms Trade.

Eamon Ryan

Question:

109 Mr. Eamon Ryan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the establishment of an Oireachtas monitoring committee to review the final use of products exported from Ireland with possible military applications; if her Department has examined the committee set up within the House of Commons to review its expert licensing system; her views on whether a similar system would be appropriate here; and the public controls or reviews she thinks should occur of the export trade in this area, failing such a monitoring system. [4396/03]

John Gormley

Question:

112 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if each stage of the proposed study to be undertaken by Forfás to examine aspects of the Irish arms trade, as well as the final report, will be open and inclusive to non-Government bodies that have an interest in the area; and her plans regarding the enactment of recommendations made by the Forfás document. [4399/03]

Ciarán Cuffe

Question:

127 Mr. Cuffe asked the Tánaiste and Minister for Enterprise, Trade and Employment if she is considering altering the export licensing system, which would apply for products used in the international armaments trade; her views on the fact that certain products ostensibly licensed on a dual military and civilian basis could in fact only be used at present for military purposes; and if she is satisfied that Ireland operates the appropriate licensing system and also the appropriate monitoring system with regard to the locations to which these products are being sent and the final use of these products. [4398/03]

Ciarán Cuffe

Question:

143 Mr. Cuffe asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans within her Department to implement legislation on the brokering and licensing of armament sales carried out within the State and third party countries; and if such legislation can be structured to overlap with legislation in other States so that there can be reciprocal arrangements to stop nationals of different companies operating brokerage arrangements outside their own state jurisdictions. [4397/03]

I propose to take Questions Nos. 109, 112, 127 and 143 together.

Council Regulation No. 1334 of 2000, as amended, provides the legal basis for the control of exports of dual-use items and technology. Dual-use goods are defined as goods which could be used for both civilian and military purposes. The regulation sets out the list of dual-use goods that are subject to export control and is updated regularly to take account of EU member states' obligations as participants in various non-proliferation regimes. It is within this legislative framework that Ireland meets its international obligations to control dual-use items.

The list of military items subject to export control is set out in orders made under the Control of Exports Act 1983. The list largely reflects the munitions list set out in the Wassenaar Arrangement and the common list of military equipment covered by the EU code of conduct on arms exports. The most recent list is contained in the Control of Exports Order 2000. While Ireland does not have an arms industry in the normal meaning of the term, a small number of companies produce, as part of their product lines, items that are listed in the Control of Exports Order and accordingly are subject to export control. Applications by Irish companies for military export licences are subject to the strictest examination by my Department and the Department of Foreign Affairs in accordance with the criteria contained in the EU code of conduct. End-use assurances are necessary in respect of all such applications.

Ireland is committed to working in all relevant forums towards the establishment and improvement of arrangements for better monitoring of arms brokering activities. Our objective is to devise a clear framework for legitimate brokering activities and to inhibit undesirable activity. EU member states are addressing the problem of control of arms brokering. Discussions have centred on guidelines and procedures for monitoring this activity. Some member states already have national legislation on the subject. It is hoped that an EU common position can be agreed as soon as possible on the agreed guidelines that can be used as the basis for national legislation in the matter. Concerns at national and international level about proliferation of dual-use and military goods, as well as associated activities, have increased considerably in recent years. At international level, the concerns have been strongly expressed in the various forums dealing with non-proliferation matters. The attacks of 11 September 2001 in the US, as well as recent developments in other regions of the world, have inevitably heightened international anxiety in this regard.

Given the increasing focus which is being given to the necessity to strengthen strategic export control rules, it is important to ensure that Ireland's export controls are up to the best international standards. In this context, my Department has asked Forfás to undertake a review of our strategic control systems with a view to recommending how best we can modernise and strengthen them and ensure full compliance with Ireland's international obligations. Economic consultants have been commissioned by Forfás to carry out the review, which has just begun. The review will be undertaken in two phases. Phase 1 of the exercise will involve the consultants interviewing the main parties, including Amnesty International, who have a role or interest in the area of export controls. The objectives of this phase are to define precisely the study objectives, specify the issues to which this gives rise, including the issue of parliamentary scrutiny, and identify the work that is needed to carry out the subsequent full phase 2 project. In this regard it is envisaged that phase two will involve a wider consultation process. Clearly, the issues to be identified and any decisions to be made arising from the review must await the conclusion of the review.

Does the Minister have an opinion on whether there should be an Oireachtas committee to review this? The Minister has given a long answer assuring us that our system is good. The NGOs in this area would say the opposite. Does he think there should be a Oireachtas committee similar to the one recently established by the House of Commons? That is what I asked in Question No. 109.

There is an Oireachtas committee dealing with economic affairs. I am sure it could do this work.

The question detailed the establishment of a new House of Commons committee specifically to examine the arms trade and end use. Does the Minister think this would be an appropriate mechanism for this House?

I do not believe it is necessary. We have committees that are capable of carrying out the work mentioned by the Deputy.

An answer at last.

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