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Dáil Éireann debate -
Wednesday, 6 Feb 2008

Vol. 646 No. 2

Priority Questions.

Election Observation Missions.

Billy Timmins

Question:

94 Deputy Billy Timmins asked the Minister for Foreign Affairs the assistance he will provide or the policy change he will initiate to assist in the monitoring of elections in countries that require observer assistance from the international community; and if he will make a statement on the matter. [3948/08]

The Government has a long-standing policy of responding to requests for election observers in as positive a manner as possible. Over the last ten years, Ireland has participated in over 80 missions and has fielded more than 750 election observers. The election observation mission programme is run by the volunteering unit in the development co-operation division of my Department. This is located in the new Irish Aid volunteering and information centre in O'Connell Street in Dublin, which was officially opened last month.

Our main partner organisations for co-ordinating election monitoring are the European Union, the Organisation for Security and Co-operation in Europe and the United Nations volunteers programme. Irish Aid also supports the election observation activities of the Carter Center, especially its programme to promote best practice in election observation. We send a small number of Irish observers to work with the Carter Center on its election missions.

The procedure for the selection of observers for these missions is based on processes developed by the Agency for Personal Service Overseas, which was the original agency responsible for administering the scheme. Since the integration of APSO into Irish Aid into 2004, the same approach to the selection of observers has been taken. A register of volunteers with election experience is maintained and updated on an annual basis. Selection for missions takes into account the skills required such as language proficiency and experience and knowledge of the country concerned.

In recent years, the election observation programme has been further developed with the fielding by Ireland of long-term observers for the first time in 2006, the inclusion of parliamentary representatives on the roster and the provision of training programmes for short-term observers. The numbers of participants in election observation missions has risen from 43 in 2004 to 95 in 2007. Currently we are considering invitations to observe forthcoming elections in Armenia, Bhutan, Pakistan, Nepal and Russia. I hope that we will be in a position to make a positive response.

In the interests of transparency and best practice, the roster is currently being updated with a view to putting it onto the Irish Aid website. I intend to continue to take a pro-active approach to having an Irish presence in election monitoring, where and whenever possible.

I thank the Minister of State for his reply. Following the elections in Nigeria and Venezuela, the losing Opposition condemned the election and claimed the votes were rigged. The same thing happened in Kenya and as sure as night follows day, we will soon have it in Pakistan and Zimbabwe. In 1989, the General Assembly of the United Nations passed a resolution on enhancing the effectiveness of the principle of periodic and genuine elections. The resolution received almost unanimous support and since then there have been many resolutions modifying it and supporting it. I ask the Government to take the lead on this issue.

There were no UN observers in Kenya — the observers were from the EU. However, it strikes me that they carry no weight and that they have no authority. Will the Minister for Foreign Affairs use the influence of the Government at the next General Assembly of the UN to try to tighten this proposal? We could then get agreement from the countries to be supervised that there would be some mechanism in place to sign off and state that the elections were conducted properly. At the moment, elections in many of these regions are a farce.

I agree with the Deputy. There were two elections in Kenya and Georgia over the Christmas period which were of great interest to our Department. Due to the uncertainty regarding the timing of the Kenyan elections, its long history of political stability and the short notification we received, it was decided that the elections in Georgia would be prioritised. The election results in Georgia were also challenged by the Opposition.

We had ten short-term observers and one long-term observer representing Ireland during the election mission. Given the recent events in Kenya, I hope that my Department will ensure Irish participation in any future EU election observation mission to that country. I agree with the Deputy that we must take this matter further. I would be glad to hear his views on observing elections.

Since 1992, the UN has received over 400 requests for electoral assistance from over 100 member states. The very first request was received in 1989. I would like the Minister of State to give a commitment that the Government will look at amending those resolutions so that we will have a real role. Shortly after confirming the election result, the Electoral Commission of Kenya disowned the result. I am glad to hear that the Minister will do something about this, because we can play a very positive role in changing the resolution at the General Assembly. Fine Gael may table a motion on the issue during Private Members' time in the coming months to get all-party support.

I agree with the point made by the Deputy. However, we must be asked to participate in monitoring elections and once an invitation is received from the EU, the OSCE or the UN volunteers programme, we make a decision on how best to respond to the invitation. We try to do that as quickly as possible. I would like to include parliamentary representation where possible and to have a good gender balance among the observers who attend these elections. I will get back to the Deputy on those matters.

Human Rights Issues.

Michael D. Higgins

Question:

95 Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he favours the sending of a high level group from the European Union, or from member states including Ireland, to prepare a report on the deteriorating situation in Kenya, the humanitarian crisis which has emerged, the implications of displacement, and the failure to achieve transparency in all aspects of the electoral process, despite the presence of international observers including those from the European Union. [3947/08]

Pat Breen

Question:

98 Deputy Pat Breen asked the Minister for Foreign Affairs the steps the Government is taking to raise concerns regarding the possible violation of the fundamental human rights of Kenyan people following media reports of ethnic cleansing in the Rift Valley; if the distribution of Irish Aid is affected by recent developments; and if he will make a statement on the matter. [3950/08]

I propose to take Questions Nos. 95 and 98 together.

I remain deeply concerned by recent developments in Kenya, where over 1,000 people have been killed and between 250,000 and 300,000 have been displaced from their homes in the aftermath of the elections on 27 December and the announcement of the re-election of Mr. Kibaki as President. The initial assessment by the EU election observation mission which monitored the elections stated that they fell short of key international and regional standards for democratic elections. The chairman of the Electoral Commission of Kenya , Mr. Samuel Kivuitu, said that he could not say if Mr. Kibaki had won the election fairly, while Mr. Amos Wako, the Kenyan Attorney General, has called for an inquiry into Mr. Kibaki's re-election, casting serious doubts on the official election results. It is important that all such allegations of election irregularities are urgently and thoroughly investigated through the appropriate channels.

The ethnic dimension to the violence which has occurred is a matter of particular concern, and responsible leadership at the highest level is urgently needed. I am also concerned by the fact that two Opposition MPs have been among those killed. Any efforts to resolve the current crisis must also address more long-term issues, such as the need for constitutional and electoral reform and greater progress in tackling corruption within Kenya, as well as the immediate issue of the disputed election outcome.

A panel of eminent African personalities, headed by the former UN Secretary General, Kofi Annan, is currently attempting to mediate a political settlement between the Kenyan Government and the Opposition. President Kibaki and Mr. Odinga have had two face-to-face meetings since the election, on 24 and 29 January in Nairobi, as part of Mr. Annan's mediation efforts. These efforts achieved a breakthrough on 1 February, with agreement on a framework for negotiations covering the election outcome, the humanitarian situation, the political crisis and land tenure and reform issues. The discussions are due to last a month and aim to end the current violence within two weeks. At the same time, the fact that violence has continued is deeply disturbing. The UN last night approached the Irish Mission in New York requesting us, along with a number of other donors, to provide financial support for the Annan-led mediation efforts. Given our strong national support for Mr. Annan's efforts, we will respond positively to this request immediately.

My EU colleagues and I discussed Kenya at the General Affairs and External Relations Council in Brussels on 28 January. Council conclusions were agreed which stress the need for a political solution to the violence in Kenya, and call on all sides to give the necessary full support to the mediation efforts of the eminent panel. The Council conclusions make clear the EU's willingness to assist Mr. Annan's efforts in any way it can, if requested. They stress that any solution must reflect the democratic will of the Kenyan people and that failure by Kenya's leaders to work seriously for a political resolution at this time is likely to have implications for future EU-Kenya relations.

Senior officials from my Department have held meetings in relation to the situation with the Kenyan Ambassador in Dublin, and have conveyed to her the Government's serious concerns, particularly in regard to threats made against human rights defenders in Kenya, including Mr. Kiai, the head of the Kenyan National Commission for Human Rights. The ambassador has confirmed that these concerns have been relayed to the highest levels of her government. My Department has also been closely monitoring the consular situation and has regularly updated its travel advice, cautioning against any non-essential travel at the present time. Ireland is a significant humanitarian donor to Kenya. However, as the Deputies will be aware, no aid goes through the Kenyan Government. Since 2006, Irish Aid has provided just over €6 million in humanitarian funding for Kenya. In addition to this, Irish Aid has provided over €16 million in funding since 2006 to Irish, international and local NGOs as well as missionaries working in Kenya, including World Vision, Trócaire and Concern.

Last month, I announced an extra €1million in humanitarian funding for Kenya to be distributed through Irish NGOs there. As indicated, we will also make funding available to support the Annan mediation talks. There are no indications at the current time that humanitarian aid is not reaching those for whom it is intended. I will, of course, continue to monitor the situation closely.

I welcome the Minister's reply and the financial support for the Annan mission — as well as the additional support that has been committed in humanitarian aid. I shall be supportive of any further requests that are received.

I want to touch on that part of my question that asked about the violence that has broken out following the election. It relates to the answer to the previous question, to some extent. I have served as an election observer in Latin America and in Cambodia. The European Union appoints long-term as well as short-term observers. The difficulties in the Kenyan case mean that the whole election observing mission must be reconceptualised to include, for example, the tally. The informal results that flowed from the election, in fact, were the trigger for the violence that happened in Kenya. Again, it was an injudicious media leak that led to the violence in Ethiopia. This time, perhaps, it was the responsibility of the European Union Mission. It is worth considering the restructuring of the observation process. The long-term approach meant that some 80% of the abuses are in the registration process. The short-term is quite limited in its utility, looking only at polling day, when in fact it is the context and the media outfall that is important.

As I have said, I welcome the Government's response to the humanitarian side. Is the Minister not concerned, however, that the impact of so-called displacement is effectively little short of ethnic cleansing, to some extent, as regards the population movements? Finally, in relation to what is happening in different parts of Africa, the largest proportion of that continent's population ever displaced is currently moving across borders in different conflicts, creating problems that cannot be handled by relationships among sovereign states and raising an entirely new set of issues as regards the human rights of the displaced peoples.

On the latter point, that is one of the reasons why it was suggested Ireland should not attend the recent EU-AU Summit. It was one of the reasons we were absent, at least at Head of Government level. Our view, emphatically, was that we should attend, on the basis that we need to have a better relationship with the African Union, which is doing its level best with the difficulties attendant on it, to deal with some of these issues. As the Deputy has said, the trans-border migration of tribes is not just an issue for Kenya, where there have been significant numbers of displaced peoples, but also for Chad, Sudan, Somalia and other countries.

As regards the humanitarian situation, there is no particular evidence at this time. As part of the EU, however, we shall continue to monitor developments. The situation is still serious, no doubt, but it has stabilised, despite a number of incidents in the last week or so. As regards the whole issue surrounding the term "ethnic cleansing", there is no doubt ethnic conflict is occurring. Much of this may be because the issue of the election has resurrected old scores and people, in effect, are perhaps pursuing old issues to do with land tenure. I believe this accounts for a large element of what is happening between some of the tribes. One must realise this is a very large country, with something like 40 different ethnic groupings and a population of 35 million. By and large the unrest is confined to the Rift Valley area, although in one location there are some continuing difficulties. Ultimately, the Annan process is one to which the two main political rivals seem to subscribe. A number of countries, particularly in Africa, through the African Union, are endeavouring to assist this initiative. I strongly agree with Deputy Higgins as regards the more long-term monitoring aspect of the registration process — within the election process. That is something that might, perhaps, be looked at in the context of the Annan mediation talks, and we shall raise this issue.

I welcome the Minister's reply as regards the amount of funding the Irish Government has given to Kenya over a number of years, in particular the €1 million given in recent times. We are well aware of Irish development agencies working in Kenya, such Goal and Trócaire and of course the many Irish missionaries there. I believe every parish could name someone working in Kenya, whether as a nun or priest. I know a Fr. Martin Keane, who works there.

While doing research on this question before coming to the Chamber, I came across a clip from Youtube. It showed the difficulties the Red Cross has in distributing food in Kenya, particularly with the widespread roadblocks and the numbers of people displaced. It reported 1,000 people being killed, 300,000 displaced from their homes etc. I wonder whether the Irish missionaries or agencies working in Kenya have experienced any of that. Are any of our missionaries in danger, particularly those who might be working in the Rift Valley?

As far as possible we have liaised with all the people with whom we have contact and know are in Kenya. I agree with the Deputy as regards the very strong Irish missionary presence there. At this time we are not aware of anyone who is in grave difficulty. After the initial outbreak of difficulties, however, we aided and assisted a considerable number of people.

As regards the logistics of delivering food, there has been a dramatic improvement. The World Food Programme, WFP, provided 80 metric tonnes in a significant internally displaced persons, IDP, camp, sufficient for one month's supplies. On Friday and Saturday, 70 metric tonnes of food cereal and 27 metric tonnes of non-cereal were distributed to another ten sites. There were some difficulties. The Deputy is correct in his indication that WFP trucks had been stopped at roadblocks, but these have now proceeded with security escorts. It would appear the issue of humanitarian aid delivery is being looked after. There may, obviously, be incidents here and there, but by and large we are happy the aid is being delivered.

EU Treaty.

Billy Timmins

Question:

96 Deputy Billy Timmins asked the Minister for Foreign Affairs when the referendum commission for the Lisbon reform treaty will be established; and if he will make a statement on the matter. [3787/08]

Following its signature in Lisbon on 13 December 2007, member states are expected to ratify the reform treaty by 1 January 2009.

The Attorney General has advised that the legal effects of the reform treaty require amendment of the Constitution to enable ratification by Ireland. Under the Referendum Act, in the case of a constitutional referendum, the referendum commission can be established no later than the date on which the Referendum Bill is initiated in Dáil Éireann. It is the Government's intention to resource properly the commission and to give it sufficient time to carry out its tasks. Preparatory work is already under way to ensure the commission is in a position to undertake its work.

In this respect, the Government Supplies Agency recently published a notice inviting tenders for the supply of bilingual booklets by the referendum commission to inform the electorate about the reform treaty. While the work of the commission is entirely a matter for the commission, it is expected that between 2.4 million and 2.5 million booklets will be published.

The timing of the referendum is currently under consideration by the Government and the drafting work on the referendum Bill is at an advanced stage.

Did the Minister say the referendum commission should be established no later than the date on which the Bill is published?

That makes a huge difference.

Did I say "later"?

There must be some sort of hearing chasm between us here. Will the Minister agree that the failure of the Government to name a date for this referendum is creating a vacuum which is of no great assistance to those who support a yes campaign? The vacuum is allowing much misinformation and inaccurate commentary on the treaty. Can the Minister give any indication as to the date? Will it be pre-summer or in the autumn? Can the Minister give any indication of the composition of the referendum commission? How is it established and for how long will it be established? What are its terms of reference? A previous commission put one argument on the left hand side and other argument on the right hand side and the argument was spurious. Will he agree it is not the role of the referendum commission to indicate two sides to the one story? Its role should be to get the information out to the public.

I do not agree with the Deputy that the Government has been in some way lethargic. The reform treaty was only signed on 13 December. We have to prepare legislation which is currently with the Attorney General's office. The referendum commission will not be able to be up and running any earlier than the day the Bill is published. The normal course is that after the Bill is published the referendum commission would be set up in good time for whenever the date for the referendum is chosen. The Deputy is aware of this. We are liaising with the Deputy's party and other like minded parties in the Oireachtas on a possible date and also whether it is linked with any other referendum. From that point of view, a website is already up and running and is widely used by the general public. We have already issued a small explanatory leaflet which is widely available. In the next couple of weeks we will publish a 20 page user's guide on the reform treaty. We will publish a White Paper and, obviously, the Bill. There will be a debate in the House and I hope the Deputy's party is as well prepared as our party. I understand the Deputy's party has already set up a structure within his party to prosecute a good campaign on behalf of the major political parties who are in favour of the treaty. In regard to the terms of reference, it will be for the commission to promulgate information on the treaty. Heretofore, in the earlier EU referenda, it had to promulgate a yes and a no. The referendum commission will be properly resourced. In the Estimates campaign last year I readily received €5.8 million from the Minister for Finance which will be available to the commission once the Bill is published and the Government makes a decision on the date of the referendum. The commission will have the required time. Usually it requires about three months to promote a referendum campaign.

Is it a matter solely for the Government to decide the composition of the referendum commission? Does the Minister feel hamstrung, or that his hands are tied behind his back, by the McKenna judgment in that as a Government it cannot go out and promote its view on the issue?

The composition of the commission is a matter for the Minister for the Environment, Heritage and Local Government. There are a number of members who, by legislation, have to be on the commission. It will be the job of the Minister for the Environment, Heritage and Local Government to propose a chairperson who would normally be a High Court judge. We have already received very strong advice from the Attorney General that in his opinion the issue of the McKenna judgment does not kick in until the day the Bill is passed by the Oireachtas and signed into law by the President. I understand a number of organisations are taking a much more conservative and restrictive view in regard to that issue.The strong advice given to Government in regard to the McKenna judgment is that it does not kick in until the day the Bill is passed.

Can the Minister——

Sorry, the time has expired.

Can the Minister circulate that information from the Attorney General?

No. The issue of the Attorney General's advice to the Government is always confidential.

Irish Aid.

Michael D. Higgins

Question:

97 Deputy Michael D. Higgins asked the Minister for Foreign Affairs the role of the interdepartmental committee on development in relation to the operation of the Irish Aid project within his Department; the points of decision making within the structure and the role of such an advisory body as exists, its role, and relationship to the interdepartmental committee on development and himself or the Minister of State at his Department. [4246/08]

The White Paper on Irish Aid included a commitment to establish a new interdepartmental committee on development to strengthen coherence in the Government's approach to development and to make best use of the expertise and skills available across the public service. I am pleased to say that, in line with that commitment, an interdepartmental committee on development has been established. It has met three times under my chairmanship. The next meeting will take place at the end of February.

The committee aims to strengthen coherence on development policy across Government. Development co-operation does not take place in isolation from other Government policies and the need for greater coherence in policies across sectors that affect developing countries is recognised. Examples of issues that are vital to the developing countries include trade, climate change and debt relief. Government Departments are represented on the interdepartmental committee by senior level officials who are actively engaging in the work. Two subgroups of the committee have been established, one to look at developing a more coherent policy in our relationships with multilateral organisations and the second focusing on making best use of the expertise and skills available across the public service in our development aid programme. The committee will report annually to the Minister for Foreign Affairs outlining its activities and making recommendations as appropriate.

The advisory board for Irish Aid was established in 2002 to provide oversight and advice to the Minister for Foreign Affairs on the strategic direction of the Government's programme of assistance to developing countries. The board's membership is drawn from a broad range of backgrounds, including the non-governmental organisations, community, public service, social partners and the business sector. The board's mission is to oversee the expanding programme, advise on strategic direction and work closely with Irish Aid to maximise quality, effectiveness and accountability. The current board's term of office will end later this year.

A major review of the management of the Irish Aid programme is currently under way. The aim of the review is to ensure the systems, structures, procedures and staffing of Irish Aid can deliver a high quality aid programme as funding expands towards reaching the target of 0.7% of GNP target by 2012, as committed to by the Taoiseach. It is hoped the review will be completed this spring.

I am grateful for the Minister of State's reply. What is the relationship of the interdepartmental committee to the Joint Committee on Foreign Affairs? I was trying to tease out in my question the relationship of the advisory board to the new interdepartmental committee. My understanding is that the advisory board's advice to the Minister is not published nor is it available to us in the Joint Committee on Foreign Affairs. Is the advice or the advisory board accountable to the Joint Committee on Foreign Affairs?

The final question is very practical. What is the role of Irish Aid within the Department of Foreign Affairs in regard to the selection of projects? Is it the case that Irish Aid decides the project or that it monitors the project upon which a decision has been given by the interdepartmental committee, in other words the Vote in relation to Irish Aid? Are the decisions on the principles taken within Irish Aid or has its role changed so that it now monitors the expenditure on decisions taken by the committee?

The board and the committee have essentially advisory roles but this is not to underestimate their influence. Their recommendations to the Minister for Foreign Affairs draw on a wide range of input and expertise and they feed directly into the work of Irish Aid.

On the question of projects, at present the advisory board is at the United Nations in New York. We are very grateful to its chairman, Chris Flood, who visited Indonesia following the 2004 tsunami.

It is clear that while they have different roles, both bodies are advisory. To give an example, at one of the meetings of the interdepartmental committee that I chaired, the Dutch experience of policy coherence for development was presented. I am happy with the progress the interdepartmental committee is making. I plan to report to the Minister, Deputy Dermot Ahern, on the work and relevant recommendations of the committee by next June.

I appreciate the good work the Minister of State is doing and I am sure he is chairing the group well. However, I am still left with the two questions. Irish Aid is structured so that the funding is voted to the Department of Foreign Affairs. It is not only a case of who takes the decision but also who forms the options. Is it the case that the interdepartmental committee is forming the options so the proposals are moved from Irish Aid and are now the possession of the interdepartmental committee?

The second issue relates to the Joint Committee on Foreign Affairs, of which I am a long-standing member. If that committee's sub-committee on development asks the interdepartmental committee to make a presentation to it, will it be Irish Aid which attends or representatives of the full committee? Will they be able to tell the sub-committee how proposals are initiated, processed and decided?

On a final point, I need an assurance that the role of Irish Aid would not simply be that its staff would monitor the expenditure on projects that have been decided outside the Department, which might not necessarily make the aid side of the issue the priority criteria for decision-making.

There was a White Paper——

I remember it. I have been trying to forget it since.

——commitment, to which the Deputy referred. This issue has to do with coherence. The interdepartmental committee is open to all Departments with a role in development plans, including the Departments of Finance, Agriculture, Fisheries and Food, Enterprise, Trade and Employment and Health and Children.

The Department of Justice, Equality and Law Reform is also involved.

It is about coherence and these Departments working together.

The advisory board comes before the Joint Committee on Foreign Affairs with reports and we have an opportunity to meet its members at such committee meetings.

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