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Dáil Éireann debate -
Tuesday, 8 Mar 2005

Vol. 599 No. 2

Priority Questions.

EU Constitution.

Bernard Allen

Question:

58 Mr. Allen asked the Minister for Foreign Affairs if the referendum on the EU constitution will be held in 2005; and if he will make a statement on the matter. [8063/05]

The Government has not yet taken a decision on the timing of the referendum on the European constitution. However, preparatory work on the wording of the necessary amendment to the Irish Constitution is well advanced. The intention is that the referendum Bill will be published after Easter. As previously stated, the Government will try to ensure the maximum possible cross-party consensus.

The Government firmly believes that the European constitution is good for Ireland and Europe. It clearly expresses the Union's core values, objectives and principles and will help it to function in a more effective, transparent and democratic way. In so doing, it will not essentially change the nature of the Union, which has been and remains fundamental to our national development. There is every reason for Ireland to support the European constitution. The more people know about the constitution, the more likely it is that they will support it. A full and informed debate is necessary, and the Government will ensure there will be sufficient time for such debate.

The Forum on Europe continues to carry out excellent work under the chairmanship of Senator Maurice Hayes, whom I thank again for his contribution. It has an extensive programme over the coming months and only yesterday evening I was in Carlow for the first of a series of regional meetings. It has published very useful explanatory material.

My Department also published a leaflet and an explanatory guide to the constitution in the autumn. However, it is clear more needs to be done. Past evidence suggests that vigorous political debate, as reported on television and radio, is most important in stimulating public interest. The Government also has a duty to ensure that factual information is available to help the public engage with the issues. Publication of the referendum Bill will allow for the establishment of the Referendum Commission. As was the case in advance of the second Nice treaty referendum, it will again on this occasion be properly resourced and given adequate time to fulfil its functions. Furthermore, the Government, building on the initial material produced in the autumn, will in the coming months publish a detailed White Paper and in due course send summary information material to all households. Together with the European Commission, we will ensure that copies of the full text of the constitution will be freely available. In addition, my Department will shortly launch a European constitution website.

The Oireachtas also has an important role to play. The Joint Committee on European Affairs, which followed both the Convention and the Intergovernmental Conference carefully, has already held some useful meetings. All Deputies and Senators will have the opportunity to take part in the debate on the referendum Bill.

I am disappointed the Minister could not give the House an idea of when he plans to hold the referendum. My question was drafted in such a way as to find out whether it would be held in 2005 or 2006. Will the Minister agree the recent Eurobarometer findings are extremely worrying? In view of the fact that France plans to hold a referendum in May and Denmark in September, will he agree it would be very wise of us to hold the referendum before the UK turns its attention to a referendum after its general election? There is a danger that people in this country will be influenced by the British tabloid press and by one of the major news channels, and that people's views will be moulded and influenced by what will happen in the UK rather than here. The Minister is being extremely foolish in not focusing minds by deciding on a date for this year.

I do not accept I am foolish. I suggest the Deputy's party engage with us as regards consultation on the wording, which we would like to have——

We would do so if we were invited.

——in advance. The Deputy's party has been invited. The Government fully accepts the need for complete information on this matter. I guarantee the House that full information will be given. We hope to publish the referendum Bill after Easter, allowing the Referendum Commission to be up and running and giving it sufficient time to disseminate information. On the Deputy's point about keeping an eye on events in the UK, we must make our own decisions.

I am aware of that.

This is a sovereign decision by the Irish people. In the context of the EU-wide ratification of this process, we must take into account what other countries are doing. However, this is a decision for the Irish people and they will make the decision based on the information they are given in Ireland and based on the circumstances in this country. I have full confidence in the Irish people that once they have full information, they will make an affirmative decision on ratification.

I remind the Minister that there was a cock-up on a previous occasion and it must not happen again. The Minister should not think that people will be influenced by tomes of paper coming through their letter boxes. They will be influenced by leading political figures in this country debating the issue——

A question, please.

——in the open but also by the misguided views of some of the British tabloid press which has a total bias against Europe and all it stands for.

The time for this question is concluded.

I suggest the Minister is extremely foolish if he does not think that a fair percentage of the electorate will be influenced by some of the bias that emanates from the British media.

I happened to look at the Fine Gael website in which Fine Gael Members extol the virtues of the European constitution. I suggest to the Deputy that he put a few more statements on the website.

I have a fair few there.

I will not accept criticism from the Deputy in respect of this matter. It is important that the Irish people are given full information. All the European member states, including Ireland, have until well into 2006 to make a decision on ratification. Much preparatory work is being carried out on the wording for the referendum to ensure it is right and on delivering full information to the Irish people in as simple a format as possible. This is a constitution to determine the future of Europe now that it is enlarged to 25 member states and so that it can be run more smoothly.

When any club or association decides to form, the first item on the agenda is the constitution, and that is exactly what is happening in the EU, given that membership has risen from 15 to 25. I believe that the Irish people accept that the work carried out by the Government during the Irish Presidency to bring this to fruition will stand it in good stead. Full information will be delivered to all households by both the Referendum Commission and the Government.

Middle East Peace Process.

Michael D. Higgins

Question:

59 Mr. M. Higgins asked the Minister for Foreign Affairs his views on whether the proposed withdrawal from Gaza announced by Israeli Prime Minister Sharon is the first step in a comprehensive set of initiatives within the context of the road map for peace or, as some have suggested, is an attempt to develop an alternative to the road map for peace; his further views on whether the recent ceasefires announced by the Israeli Prime Minister and the President of the Palestinian Authority have the potential to secure a just and lasting peace in the Middle East if they are allowed to stand on their own; his further views on whether significant progress on the issues of settlement in the West Bank, east Jerusalem, and the release of prisoners are matters which must be quickly addressed; if he has represented such views to his colleague Ministers in the EU; and if he will make a statement on the matter. [7795/05]

The Government, together with Ireland's partners in the EU, has repeatedly reaffirmed its position that the proposed Israeli withdrawal from the Gaza Strip is to be welcomed so long as it takes place in conformity with the conditions endorsed by the European Council in March 2004. The Council noted five elements which are essential to make a Gaza withdrawal acceptable to the international community: it must take place in the context of the road map; it must be a step towards a two-State solution; it must not involve a transfer of settlement activity to the West Bank; there must be an organised and negotiated hand over of responsibility to the Palestinian Authority; and Israel must facilitate the rehabilitation and reconstruction of Gaza. There appears to be an increased likelihood that these criteria can be met.

In common with our EU partners and the wider international community, I welcomed the agreement which was reached at the Sharm-El-Sheikh summit for the cessation of violence and military activity by both sides. Such an end to the cycle of violence is indispensable to the prospects of a return by both sides to negotiations for an end to the conflict leading to two states, Israel and Palestine, living at peace within secure and recognised borders. There is no substitute for political negotiations between the parties to the conflict leading to a lasting political settlement.

Among the favourable outcomes of the Sharm-El-Sheikh summit were the further commitments from the Israeli side to a series of confidence-building measures, including the release of Palestinian prisoners. This was an important step and I welcome the fact that effect has been given to this commitment and that discussions are continuing between Israel and the Palestinian Authority over further releases.

As regards the need to resolve the issue of settlements, the Government has consistently taken the view that the transfer of its own population into occupied territory by an occupying power is a breach of the Fourth Geneva Convention. The settlements established in the occupied Palestinian territories of the West Bank and Gaza Strip by the Israeli authorities are illegal and should be dismantled. Land seizures by the occupation forces for the purposes of settlement are not recognised under international law. Both Ireland and the EU have made these views known to the Israeli Government on numerous occasions.

I welcome the fact that the withdrawal announced by the Israeli Government includes withdrawal from a number of settlements in the West Bank. I hope that this will mark the beginning of a wider pull-back to the pre-1967 frontiers.

I thank the Minister for his comprehensive reply. May I ask him specifically if there is evidence that the issue of east Jerusalem is on the table for negotiation and resolution on the part of Israel? With reference to his remarks about the reduction in settlement in the West Bank, is he aware that the withdrawal from Gaza, if it included all settlers, would be 7,500 settlers, whereas in the West Bank the number of settlers is 240,000 and the number of Palestinians in east Jerusalem is 120,000? Has the Minister noted any sign that the Gaza withdrawal is not as has been described by a senior adviser to the Sharon Government, one that is an alternative to the peace plan?

Is there any evidence that progress is being made in the areas with the worst kind of settlement, namely, the West Bank and East Jerusalem where, until a recent decision of the Israeli Attorney General, there was a threat that Palestinian property would be taken over on the basis of absenteeism?

I welcome the statement on the release of prisoners. What initiative can be taken by Ireland and its partners to drive on the process, past the Gaza withdrawal, to include the issues of the West Bank and East Jerusalem?

On a general point, I intend to travel to the Middle East in the not too distant future and will meet with the representatives of the Israeli Government and the Palestinian Authority. It is also anticipated that I will visit Jordan and Egypt and I will raise all these concerns. This will be a slow process but the indications are fairly favourable and hopeful. The Israelis will move out of Tulkarem next week. We regard this withdrawal, if it takes place, as a good template for further disengagement.

The Law on Absentee Property and the issue of confiscation have been raised by the EU External Relations Council which has called on the parties to refrain from taking action. My understanding is that following legal advice the Israeli authorities are reviewing the decision taken in this matter. This issue is raised at every meeting of the External Relations Council to keep pressure on the Israelis.

Regarding the decision of the International Court of Justice on the routing of the wall on Palestinian territory and the later decision by the Israeli Supreme Court that the incursion into Palestinian territory is excessive, is there any indication from the Israeli authorities that they will withdraw to the green line?

I visited Palestine a few weeks ago. Is the Minister satisfied the withdrawal from Gaza will leave the Palestinian Authority without a right of access to the sea and will place a barrier between it and Egypt? Even after the withdrawal, Gaza will not be in contact with any other sovereign country.

Again, I make the general point that any withdrawal must take place in co-ordination with the Palestinian authorities. The withdrawal from Tulkarem due next week will take place in consultation with the Palestinian authorities and with their co-operation.

Some sections of the wall have been rerouted closer to the 1967 line. While this reduces the negative impact on the Palestinian population in the areas in question, it does not overcome the fact that the building of the barrier on Palestinian territory is illegal. This is the view of the European Union and the International Court of Justice and remains our position. While we accept the Israeli Government has a duty to protect its people, Ireland and the European Union have forcefully stated that the siting of the wall is wrong and it should be moved to the pre-1967 line.

Passport Applications.

Paudge Connolly

Question:

60 Mr. Connolly asked the Minister for Foreign Affairs if provision will be made for on-line passport applications; and if he will make a statement on the matter. [7764/05]

My Department is implementing a new passport issuing system. This involves the introduction of a new passport booklet and a complete upgrade of the systems and work processes for handling passport applications. When fully implemented, Ireland will have one of the most advanced and secure passport systems in the world.

As part of the development of the new system, it is intended to make provision for citizens to make on-line passport applications in the sense of transmitting their personal information across the Internet. However, they will still have to submit their photograph and signature and supporting documentation to establish their identity to the Passport Office by post or by hand. It is also proposed to enable citizens to check on-line the status of passport applications already submitted. These facilities should be available later this year.

In the longer term, my Department will discuss with the Reach agency the arrangements for providing a complete on-line passport application service, whereby passport applications could be submitted in full through the public services broker which would provide the level of authentication of identity necessary for the Passport Office. The timetable for the provision of this service will depend on the further development of the public services broker which is a matter for my colleague, the Minister for Social and Family Affairs.

I thank the Minister for his reply. This initiative will be a welcome change for those applicants who must take a day off work to travel to Dublin and queue outside the Passport Office in the winter months. With regard to passport smart cards, are there any plans to introduce digitally captured biometrics, for example, iris scans or finger prints?

Will the system be improved for people in Northern Ireland who regularly encounter difficulties when they present at Garda stations? Gardaí at Pearse Street station in Dublin, for example, will not know a person from County Down who presents to them and will tell him or her to go to Dundalk Garda station. Are there plans to enhance the procedure for applications from the North?

The Government has already made a decision to introduce passports containing biometric information. The reason is to comply with EU regulations and US legislation and ensure that Irish citizens are able to transfer with ease in and out of the United States. Funding has been provided in the Estimate for the introduction of biometrics and we hope to produce biometric passports with finger printing on a pilot basis by October. The inclusion of iris identification at a future date is under consideration.

We must be extremely careful regarding proof of identity. Examples such as that described by the Deputy occur from time to time. However, I assure him that the purpose of the considerable investment of €27.5 million to date in the new system and centralising passport production in Balbriggan and Molesworth Street is to ensure uniformity and co-ordination across the island and for those who apply to our embassies for passports. All efforts are made to make the process of applying for passports as easy as possible while also guaranteeing proper identification of those applying for passports. The difficulties which arise from time to time for applicants travelling from the North are dealt with on a case by case basis.

Diplomatic Representation.

Bernard Allen

Question:

61 Mr. Allen asked the Minister for Foreign Affairs the position with regard to diplomatic relations between Ireland and Burma; and if he will make a statement on the matter. [8064/05]

As I have stated in previous replies, Ireland announced the establishment of diplomatic relations on a non-resident basis with Burma on 13 February 2004. However, the progress anticipated in 2004, most notably the meeting of an open and unhindered national convention and the release of Daw Aung San Suu Kyi, did not materialise. In the circumstances, the Government decided to put on hold the exchange of non-residential ambassadors. I have made it clear that any decision to proceed with such an exchange will now have to await significant and positive moves by the Burmese authorities.

The Government has consistently pursued a strong line in support of democracy in Burma. With our EU partners, we remain strongly critical of the continued detention under house arrest of Aung San Suu Kyi, other activists and a number of MPs elected in 1990. We also condemn the absence of political progress, continuing serious human rights abuses and overall lack of fundamental freedoms in Burma.

On 2 December 2004, I issued a statement condemning, in the strongest possible terms, the decision of the Burmese Government the previous day to extend the detention under house arrest of Aung San Suu Kyi for another year. I also called on the Burmese authorities to allow the UN Secretary General's special envoy, Mr. Razali Ismail, to travel to Burma at the earliest opportunity and, while there, to visit Aung San Suu Kyi. The EU Presidency also issued a declaration on 10 December 2004 condemning her continued detention.

Reports suggest approximately 15,000 prisoners have been freed over recent months by the Burmese authorities. While I welcome these releases, I regret they only include a limited number of political prisoners. Last week, I met Mr. Yawnghwe, director of the European office for the development of democracy in Burma, a joint project of the European Commission and the Olaf Palme International Centre in Sweden to promote democracy in Burma. He was accompanied by members of Burma Action Ireland. The meeting was part of a regular dialogue between my Department and the key non-governmental organisations concerned with the situation in Burma. Among other issues, I discussed the matter of diplomatic relations with Burma, making it clear there was no question of an exchange of ambassadors until such time as the situation there substantially changed for the better.

Does the Minister agree that the decision in early 2004 to open diplomatic relations with both Burma and North Korea was the most bizarre and ill-judged? It gave an air of respectability to those two areas of repression, that have been described as outposts of tyranny. In the case of Burma, does the Minister agree that this decision, based on assumption that the opposition leader was to be released, was a serious error of judgment? Will he give a clear signal to these two regimes that their lack of action towards implementing democracy cannot be tolerated? Will he tell them Ireland has no further interest in establishing diplomatic relations until such time as democracy is put into force in their respective countries?

The question only concerns Burma.

I do not accept these were ill-judged decisions. In Burma's case, it was decided on the basis that it was indicated that Aung San Suu Kyi would be released and her party would be allowed to participate in the Burmese national convention. However, this did not happen. This decision was made in the context of Ireland's EU Presidency term. We could not look at it in a bilateral context. We had to be able to deal directly as holders of the EU Presidency with the Burmese authorities. This was the same with North Korea. I do not agree, therefore, with Deputy Allen's claims.

Given that the situation has gone the wrong way, our absolute commitment is that we will not exchange non-residential ambassadors until such time as the situation has changed for the better. While there are no indications in this respect, it is better to engage with people and have some influence with them rather than turning one's back and issuing statements from afar.

If it is better to engage, what engagements has the Minister had with these two countries since the end of Ireland's term in the EU Presidency?

Last week, some of my officials spoke with Chinese authorities about the influence they may be able to bring to this.

I am talking about Burma.

Constant efforts at engagement have been made through the EU and whatever influence we have with neighbouring states in the region. Burma is in a pivotal situation and must be dealt with in a delicate way. Every other fora, such as the ASEAN conference, is used to get our point across. It is accepted that the Burmese authorities have refused all overtures, not only those of Ireland but of many other states. In the aftermath of the tsunami disaster, I pushed strongly for the EU to engage with the Burmese authorities in providing assistance for the ordinary Burmese people. I also pushed for NGOs, particularly Irish ones, to be allowed into Burma. All overtures made in that respect were rejected. Burma, for whatever reason, did not suffer as badly as other states in the affected region.

We do not know that.

Emigrant Support Services.

Michael D. Higgins

Question:

62 Mr. M. Higgins asked the Minister for Foreign Affairs if the Government has discussed or he has had discussions with his British counterparts on the possibility of providing Irish television services, free travel and other such benefits for senior citizen Irish immigrants when they return to visit Ireland and for emigrant communities living outside this country, predominantly in the United Kingdom; and if he will make a statement on the matter. [7796/05]

The Government is determined to continue developing and enhancing Ireland's relationship with our emigrant communities. Key advancements already achieved include the establishment of an Irish abroad unit within my Department and the significant increase in funding secured for emigrant services this year.

The Irish abroad unit continues to make progress in this important area of national policy. It is charged with co-ordinating overall policy towards our emigrants. It manages the financial supports my Department directs to the voluntary organisations engaged in the delivery of services to Irish emigrants, particularly the more vulnerable and marginalised. Its officials are active in the key areas and meet all partners involved.

In the budget, I obtained a substantial increase in funding for emigrant services for 2005. The figure of €8.27 million is a doubling of the 2004 Estimates figure. Even allowing for the additional funding made available to emigrant services in late 2004, the figure represents an overall increase of 63%. I have met representatives of our communities abroad on several occasions since becoming Minister for Foreign Affairs. I have been pleased to hear this progress is welcomed by those who provide critical frontline services to our vulnerable emigrants.

Along with the Ministers for Social and Family Affairs and Communications, Marine, and Natural Resources, I am aware of the specific issues raised by the Deputy. Regarding free travel, I refer the Deputy to a parliamentary reply to the House on 15 December 2004 by the Minister for Social and Family Affairs in which he said he was carefully examining the issues involved. I am aware of the interest of some Irish people living in Britain in seeing Irish television programmes. I will continue to keep the Minister for Communications, Marine and Natural Resources advised of the views of the Irish community abroad on this matter. The Government has a firm and sustained commitment to our emigrant communities. The progress already achieved in this important area will be built on progressively over the coming years.

I thank the Minister for Foreign Affairs for his reply. Some months ago Deputy Stagg and representatives from the Labour Party visited Irish emigrant communities in Britain. Some weeks ago, I also visited them with the Joint Committee on Foreign Affairs. A number of issues referred to by the Minister were raised with us. Between 1955 and 1960, approximately 250,000 people left Ireland for Britain, all of whom are now elderly. When arriving back to Ireland, many are unable to rent a car for travel due to age. However, they do not have free travel on public transport. Is the Minister considering a pilot scheme to enable these Irish emigrants who will visit home during the coming summer to avail of free travel?

Is the Irish abroad unit considering the use of a commissioning structure to provide a television service for broadcasting Irish stations for Irish communities in Britain? While I welcome the 63% funding increase to €8.27 million, it still falls short of what was recommended by the task force on emigrants. Does the Minister see a special case in giving short-term assistance for capital projects as opposed to current ones? Different centres, such as Cricklewood, are kept going by fund-raising and the generosity of the Irish community. However, as a number of premises must be replaced, it is unrealistic to expect a dwindling Irish emigrant population to come up with funding for capital projects. Will the Minister examine this matter?

The Irish abroad unit has worked intensely with several groups considering renewing their premises. Financial assistance in this respect will be examined. Most local authorities in the UK are very receptive to assisting the Irish associations because, generally speaking, they must deal not only with Irish people but with other ethnic communities, which I think the Deputy saw. There are issues in regard to assistance for people who left in 1955. I am aware of this issue, given my ministerial history in the Departments of Social, Community and Family Affairs and Communications, Marine and Natural Resources. I made the very significant decision in regard to the pre-1953 pensions, which is now costing the Exchequer €82 million. I am not making a political point but it was one of the best decisions made even though the Comptroller and Auditor General has criticised the cost estimate in regard to it. That decision, in effect, rewarded those people who paid pre-1953 stamps but who got no pension credit for doing so. Many thousands of people, particularly elderly people, in the UK have benefited from that move made by me. The priority from this Department's point of view is in the context of the funding we have received, with an increase of 850% since 1997 in funding for voluntary agencies. How that funding is dispensed is an issue for the Irish abroad unit.

Given my ministerial history, I am acutely aware of the free travel issue. When I was Minister for Social, Community and Family Affairs, I considered this issue. It is easy to call for free travel but there are difficult issues in regard to the reciprocity of free schemes between EU countries and whether it can be ring-fenced to include Irish people living in the UK as opposed to those living elsewhere in the EU. There are very difficult administrative and cost issues. The main issue is how it can be ring-fenced without the possibility of it being challenged by Irish people living elsewhere in the EU. That is the difficulty that is being addressed by the Minister for Social and Family Affairs.

I am aware of the television issue because it was raised with me when I visited the groups. It is an extremely complex issue, as I am aware from my experience in my last Ministry. RTE buys US programmes at a much lower rate than, for example, Channel 4. The distribution rights and cost of programmes are based on audience numbers. We cannot order RTE to increase its transmit to the UK because, obviously, it would have to make commercial decisions and it would have implications for its ongoing funding. However, if such a decision was made, it would have huge cost implications for RTE. Tara TV, for example, tried to provide a service on satellite and cable but it went into liquidation because of a lack of commercial success, which makes reintervention in that market very difficult from a commercial point of view. The Irish abroad unit is considering, from a general policy point of view, examples in other countries which perhaps we could follow.

It is accepted that we look after our old age pensioners much better than the UK, in particular, and other countries. When these people come back home and see the benefits, particularly the additional benefits our people get under the social welfare system, they say they need them. There is an element of free travel in the UK for old age pensioners but it is confined to certain geographical areas in the country — it is not universal. We are lucky the free travel scheme in the Republic is universal.

In regard to the television component of my question, what I suggested was a commissioning structure rather than a rebroadcasting or relay structure. Will the Minister ask the Irish abroad unit to consider that? The difference is that if one purchases in programmes, one avoids the difficulties in regard to RTE's purchase of programmes in competition with others. The second issue is that there might be a model for a pilot scheme based on the different voter participation and transport schemes in various parts of the European Union.

In regard to commissioning or buying in programmes, one must have a platform, and obviously the platform would have to run on a commercial basis. I do not see anyone knocking on our door to provide services in the UK for Irish people. It is a very complex issue. Perhaps with changing technology and with the television without frontiers directive, it might be possible for RTE to do something major in the satellite area. However, that is an issue for another day.

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