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Dáil Éireann debate -
Tuesday, 22 May 2012

Vol. 766 No. 1

Other Questions

Foreign Conflicts

Bernard J. Durkan

Question:

105Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he, through the EU and UN, has managed to focus worldwide attention on the on-going and ever increasing extent of starvation and famine in the Sudan and throughout the horn of Africa; if the international community can take any particular initiative at this stage which might result in a co-ordinated relief and peace-keeping effort with a view to achieving some degree of recognition of the plight of people there; and if he will make a statement on the matter. [25345/12]

Catherine Murphy

Question:

117Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline his response to the worsening humanitarian situation in South Kordofan, Sudan in which it is estimated that up to 300,000 people have been displaced due to violence between the Sudan Armed Forces and the Sudan Peoples’ Liberation Movement – North; if there are any proposals to address the immediate food, water and shelter needs of the displaced population; and if he will make a statement on the matter. [25343/12]

Maureen O'Sullivan

Question:

127Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade in view of the serious and humanitarian needs of the affected population in South Kordofan in general and the Nuba Mountains in particular if he will ensure that the E.U. will call on the Governments of Sudan and South Sudan to comply with their binding obligations under International Humanitarian Law to allow safe and unhindered access for international humanitarian actors to all civilians and to provide prompt humanitarian assistance to all those in need. [24993/12]

Aengus Ó Snodaigh

Question:

134Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he is taking to highlight the humanitarian crisis in South Kordofan in Sudan; the action he will take to put pressure on Sudan’s President Omar al-Bashir to enter negotiations and find a just solution for the people of the Nuba Mountains. [25355/12]

Willie O'Dea

Question:

158Deputy Willie O’Dea asked the Tánaiste and Minister for Foreign Affairs and Trade in view of the serious and immediate humanitarian needs of the affected population in South Kordofan in general and the Nuba Mountains in particular, if he will call on the Governments of Sudan and South Sudan to comply with their binding obligations under International Humanitarian Law to allow safe and unhindered access for international humanitarian actors to all civilians and to provide prompt humanitarian assistance to all those in need; and if he will make a statement on the matter. [24856/12]

Gerald Nash

Question:

160Deputy Gerald Nash asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the measures Ireland and the EU are taking to ensure that the Government’s of Sudan and South Sudan comply with their binding obligations under international law to allow safe and unhindered access for international humanitarian actors to all civilians and to provide prompt humanitarian assistance to all those in need in the context of the ongoing situation in South Kordofan in general and the Nuba Mountains; and if he will make a statement on the matter. [24921/12]

Simon Harris

Question:

164Deputy Simon Harris asked the Tánaiste and Minister for Foreign Affairs and Trade his position in relation to the current outbreak of violence in South Kordofan, Sudan and the difficulties international humanitarian actors are having in accessing civilians affected by this escalation; if he intends to a make a contribution to the EU Foreign Affairs Council in view of this situation; and if he will make a statement on the matter. [24980/12]

Seán Ó Fearghaíl

Question:

165Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he will consider issues raised in correspondence (details supplied); if he will take appropriate action; and if he will make a statement on the matter. [25017/12]

Michael Conaghan

Question:

166Deputy Michael Conaghan asked the Tánaiste and Minister for Foreign Affairs and Trade his view on the conflict, and associated food shortages, in South Kordufan, Sudan; and the action he is taking in response. [25021/12]

Dominic Hannigan

Question:

167Deputy Dominic Hannigan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations at a European level to call on the Governments of Sudan and South Sudan to comply with their binding obligations under International Humanitarian Law to allow safe and unhindered access for international humanitarian actors to all civilians and to provide prompt humanitarian assistance to all those in need in South Kordofan in general and the Nuba Mountains; and if he will make a statement on the matter. [25047/12]

Joan Collins

Question:

181Deputy Joan Collins asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions that have taken place at EU level in relation to access for humanitarian organisations to South Kordofan and the Nuba Mountains in particular; and his position on this matter. [25106/12]

Joanna Tuffy

Question:

185Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the serious and immediate humanitarian needs of the affected population in South Kordofan in general and the Nuba mountains in particular, and the need to ensure unhindered access for international humanitarian actors to all civilians and to provide prompt humanitarian assistance to all those in need; and the stance that he has Ireland taken in respect of these matters; and if he will make a statement on the matter. [25272/12]

Bernard J. Durkan

Question:

201Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which the situation in Sudan and neighbouring jurisdictions continues to be monitored by the international community; the extent to which this has had a positive bearing on the situation; and if he will make a statement on the matter. [25672/12]

I propose to take Questions Nos. 105, 117, 127, 134, 158, 160, 164 to 167, inclusive, 181, 185 and 201 together.

The Government continues to monitor and respond to the humanitarian needs generated by a number of conflicts and protracted crises in Africa, notably those in Sudan, South Sudan, the Horn of Africa, Somalia and the Sahel. Almost one year on from the peak of the Horn of Africa crisis, the overall humanitarian situation across much of this region has now improved thanks in large part to the massive aid operation which donors such as Ireland helped to support. However, the situation remains critical for many millions of people, especially in Somalia, where access for aid agencies remains highly restricted in many areas. Emergency funding allocated by Irish Aid towards the overall relief effort in the Horn of Africa currently stands at almost €17 million, making Ireland, in per capita terms, one of the most significant humanitarian donors to the region.

We are, however, particularly concerned about the increasingly difficult humanitarian situation in Sudan, notably in the border states of South Kordofan and Blue Nile, where 350,000 civilians have been severely affected by the fighting between the Sudanese Armed Forces and the Sudanese People's Liberation Movement-North. In addition to those affected within these two states, some 140,000 refugees have already fled to Ethiopia and South Sudan, while 100,000 more have been displaced as a result of fighting around the disputed border area of Abyei. One of the key issues of concern relates to access for aid agencies to the areas affected by the conflict. Ireland, together with its EU partners, is actively supporting efforts to ensure that both Sudan and South Sudan comply with their obligations under international humanitarian law and to ensure humanitarian agencies gain full access to those in need. The Government has raised the issue of access at EU level and in other international fora.

In January last, and with Ireland's encouragement, the EU urged the Government of Sudan to allow safe and unhindered access for international humanitarian workers to all civilians and reiterated its readiness to provide humanitarian assistance. The EU also emphasised that the ongoing conflicts in southern Kordofan, Blue Nile and Darfur remain obstacles to moving forward with the full range of support it would like to provide to Sudan. Last month, the European Union called on the Government of Sudan and the Sudan People's Liberation Movement-North, SPLM-North, to engage in an inclusive political process to resolve the conflict.

Through Irish Aid in the Department of Foreign Affairs and Trade, the Government already has allocated €2 million this year for the UN-managed common humanitarian funds for both the Republic of Sudan and South Sudan and is currently considering a further additional contribution. These funds are being used to help UN agencies and NGOs target the most critical humanitarian needs across both countries, including in areas beset by conflict and affected by displacement from Blue Nile and South Kordofan. A further €1.22 million has been made available to Irish NGOs, namely, Trócaire, GOAL and World Vision, for programmes in Sudan and South Sudan under the annual humanitarian programme planning funding scheme. Our assistance is saving lives daily.

I assure the many Members who have taken an interest in this matter that the Government will continue to monitor closely the situation in South Kordofan, the Blue Nile and other areas facing critical need across the Horn of Africa and Sahel regions. In conjunction with its EU partners, the Government will continue to press for unrestricted humanitarian access to affected civilians.

I thank the Minister of State for his response and for what his Department is doing and urge the Government to continue to support these regions. Last November, Deputy Mac Lochlainn and I had the privilege of visiting Ethiopia and its western borders to meet the refugees who then were pouring across the border from Sudan and South Sudan and we saw how intractable are the problems in that region. I commend the Department on its activities. Members also should commend the Ethiopian Government, which shows extraordinary generosity in taking in massive influxes of people from all its borders despite its own difficult financial position. I also commend the NGOs and note that only last week, Oxfam returned from a visit to Burkina Faso and Niger during which it was highlighting the crises there. Similarly, Trócaire plans to undertake a fact-finding or rather, a highlighting mission in August to some of these countries. The Department is doing good work and I urge it to keep it up. Moreover, the Government should challenge our European partners and those much wealthier states, which have much more to give but are reluctant to so do, to play their role as well.

I thank the Deputy for the compliments in respect of the activities in which the Department of Foreign Affairs and Trade is engaged. Certainly, the entire Horn of Africa and Sahel region is difficult. Moreover, it is bedevilled by conflicts in Somalia, Sudan and South Sudan and by the number of displaced people, the dangers of famine and the disruption that is taking place. Furthermore, it is affecting the neighbouring countries and the Deputy mentioned Ethiopia, which has been consistent in minding its borders carefully in this regard. The Department is working closely with the United Nations and the European Union on these matters. Ireland undoubtedly has played a quite significant role in this respect. Since 2008, Ireland has given €28 million to the Horn of Africa-Sahel region, including the area encompassing South Sudan and Sudan. In addition, Ireland has funded its NGOs, which have limited access to the area but which are working in extremely difficult circumstances. I certainly compliment them on the work they are doing. The European Union called last month on the warring partners, the Liberation Army in South Sudan and the Sudanese forces, to come to the table and use the comprehensive peace process of 2005 to resolve their difficulties.

Like Deputy Ó Feargháil, I too had the opportunity as a member of the Oireachtas Joint Committee on Foreign Affairs and Trade to visit Ethiopia and to see at first hand the first flood of refugees to the United Nations established Tongo refugee camp and the generosity of the Ethiopian state to the Somalians who are in great devastation. Drought has become famine because of political instability in Sudan and Somalia. It is interesting to note that Ethiopia would also be enduring drought conditions but for the assistance of Irish and international NGOs and donor states, which illustrates the impact of proper political management. There should be no famine in the year 2012. There can be no excuse for famine in the world in which we live today.

I again commend the Department of Foreign Affairs and Trade and Irish Aid on the work they do in this area. It is clear the reputation of Ireland, a small state of 4.5 million people, is immense in those areas. The duration of our reception by the Ethiopian Prime Minister is a reflection of their respect for us. We need to use that reputation in our continued efforts to influence more powerful states to play a similar role. I commend the Government, the Department and Irish Aid on the work they are doing and encourage them to keep it going.

The Minister of State, Deputy Costello, said that the Government is monitoring human rights abuses in Africa. Perhaps he will comment on the UN human rights group report on Libya which refers to 8,000 prisoners being held without trial, deaths in detention, ethnic cleansing in Tawergha - a town of 30,000 mainly black Libyans - violent persecution of sub-Saharan Africans and Libya being in the grip of lawless warlords and armed conflict between militia. When the intervention commenced, 2,000 civilians had been killed. The current figure in this regard is estimated to be 30,000. NATO moved in and Sarkozy was driving the agenda so as to re-establish his position for re-election. NATO has since pulled out, resulting in Libya becoming a disaster zone.

The Deputy's question deals with a separate matter. I urge him to table a separate parliamentary question on it but will ask the Minister of State to make a brief response.

I thank Members for their questions. There is no doubt but that the Ethiopian model can be used by neighbouring states. Members will recall that during the time of "Live Aid" millions of people in Ethiopia were dying. Now, because of work done by NGOs, in particular the active role played by Irish Aid, Irish NGOs and funding provided by the Department of Foreign Affairs and Trade, a safety net programme has been put in place, which is being replicated throughout Ethiopia and is helping to prevent recurring famine. This is something we would like to see extended to other areas.

Somalia and Sudan, in particular south Sudan, are bedevilled by ongoing conflict, which makes it difficult for small NGOs to gain access and for the putting in place of any consistent programme that will deal with irrigation, food shortages and so on. As stated by Deputy Mac Lochlainn, Ethiopia is to be complimented on the manner in which has dealt with its situation, in which Irish Aid has been very much involved.

On Libya, which is a totally different issue, if Deputy Wallace wishes to table a parliamentary question on the matter, I would be delighted to answer it. I will look closely at the issue of prisoners and prisoners rights and will come back to the Deputy on the matter.

Robert Troy

Question:

106Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade the additional plans that are in place, following last month’s conference, as part of Ireland’s chairmanship of the OSCE, to advance the Northern Peace Process as a case study for conflict resolution; and if he will make a statement on the matter. [25187/12]

As chairman-in-office of the OSCE, I was delighted to host in Dublin recently a major conference which was entitled "Shared future: building and sustaining peace - the Northern Ireland case study". My aim in hosting this conference was to support and encourage those engaged in efforts to resolve ongoing conflicts elsewhere in the OSCE region by sharing our own successful experience of conflict resolution and peace-building in Northern Ireland.

I was pleased at the high level of participation and the deep engagement and interest in our peace process which was shown by those who attended. I am particularly grateful to our moderator, Martti Ahtisaari, and to the distinguished speakers who accepted our invitation to speak at the conference. Among many remarkable interventions in the course of the day, I would like to single out the contributions made by the First Minister of Northern Ireland, Peter Robinson, MLA, the Deputy First Minister, Martin McGuinness, MLA, and former US Senator, George Mitchell. Our objective was to increase international awareness of what helped to achieve a comprehensive and lasting agreement on this island and, without seeking in any way to present our experience as a template, to draw attention to concepts and approaches which might conceivably have relevance elsewhere. There was a high level of interest in this conference, both at home and abroad, and the feedback has been extremely positive.

Over the past few years, successive Irish Governments have been actively sharing the experience and insights gained during our peace process with groups operating in conflict situations in many different parts of the world. A small conflict resolution unit was created in my Department in 2007 to facilitate this work and to assist those striving for peaceful settlements elsewhere. In this and other ways, Ireland is making a strong national contribution to conflict resolution and mediation efforts around the world. In my concluding remarks at the recent conference, I indicated that we are willing to provide more detailed briefings on aspects of the Northern Ireland peace process, should this be helpful to those engaged in conflict resolution efforts in the OSCE area.

At the end of this month we will host a seminar along these lines for Moldovan and Transdniestrian negotiators from the so-called 5+2 talks. This seminar is being organised at the request of the two sides and the programme in Dublin will be followed by meetings in Belfast. A formal round of talks in the 5+2 framework took place in Dublin in late February and there was a further round in Vienna last month. Progress to date has been encouraging, and I hope the forthcoming seminar will build momentum for further progress in the talks when they resume in July.

The Tánaiste is to be commended for holding this conference, which is an important initiative. We have a lot to offer and can become much more proactive in the whole area of conflict resolution. I see this very much in the context of developing Ireland's reputation abroad, boosting our opportunities for trade and augmenting our development aid budget. As that last is constrained, we could find that, by virtue of a role in conflict resolution, we could achieve far more on behalf of beleaguered people in various parts of the developing world. So much of what we see in terms of hunger and deprivation has its origins in conflict.

What the Tánaiste is doing is to be commended, therefore, but how ambitious is he to develop this initiative further? Can we, via the OSCE and our membership of the European Union, garner greater resources to put into the conflict resolution unit that was established in the Department of Foreign Affairs in 2007 and take on the myriad challenges in which we might assist?

In this year, while we hold the chair-in-office of the OSCE, we have decided to concentrate on the three areas of conflict which are within the OSCE region, namely, the conflict in Moldova regarding the Transdniestrian region; the conflict in Georgia regarding the territories of Abkhazia and South Ossetia; and the Nagorno-Karabakh conflict which is the subject of the Minsk Process. We are using the experiences in Northern Ireland to address these conflicts, not as a kind of template to settle other disputes because each dispute and conflict is different, but to provide encouragement to those who are engaged in the talks process to persist with it and use it as a way of guiding events forward. In addition, I have appointed two special representatives, ambassadors Pádraig Murphy and Erwan Fouéré, to assist me in attempting to move forward talks processes in those areas.

With regard to the Moldova-Transdniestrian conflict, we had the 5 + 2 discussions at Farmleigh in February, at which some progress was made, and there will be a seminar later this month on what can be learned from the Northern Ireland conflict. Delegates will visit Belfast and the talks will resume formally in July. I hope to be able to visit the southern Caucasus area with a view to looking at the situation in Georgia and at the Nagorno-Karabakh.dispute. It is really about concentrating on these three protracted conflicts and using our year of chairmanship of the OSCE to make a positive contribution to try to get settlements.

UN Security Council Resolutions

Gerry Adams

Question:

107Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade the progress made in establishing the monitoring and evaluation system outlined in the NAP; if he has consulted with civil society regarding the nomination of an independent chair. [25348/12]

Ireland's national action plan in regard to UN Security Council Resolution 1325, on women, peace and security, was officially launched in November 2011. The plan sets out how Ireland will promote and implement the objectives of UNSCR 1325 in its programme support activities, diplomatic advocacy and policy-making across the interrelated areas of peace, security and development.

By adopting a national action plan, we have made a firm commitment to listen to the voices of women affected by conflict. To this end, the plan aims to strengthen women's leadership and implement accountability mechanisms, to reinforce institutional capacities through comprehensive training of staff deployed overseas and to support programmes to promote women's participation in peacebuilding, post-conflict transition and related activities. The plan also commits Ireland to use its involvement in global and regional fora to champion the implementation of UNSCR 1325.

The plan contains a number of provisions for monitoring and evaluation. These are important in ensuring that the national action plan is a living document which serves the goal of effective implementation of UNSCR 1325 and related UN obligations on women, peace and security. The plan provides for the formation of a monitoring group to oversee progress on implementation. This group will consist of representatives from all relevant Departments as well as members of civil society and the academic community with expertise in the field. It will meet every six months under an independent chair.

Officials from my Department will meet with key representatives from civil society next week to discuss the formation of the monitoring group and the appointment of an independent chair. I look forward to productive discussions in that format and to effective cooperation among all relevant stakeholders, both inside and outside government, in support of implementation of the national action plan. Issues relating to women, peace and security will continue to be an important area of work for my Department.

As the Tánaiste knows, I raised this issue with him some time ago. It was to have been launched on International Women's Day in March last year but was delayed because of the general election and the coming in of the new Government. There is great frustration in civil society that we do not have the implementation of a plan and I am sure the Tánaiste appreciates that. This is a very serious commitment, involving a UN Security Council resolution on giving women their place in conflict resolution. There is much we can look at both in terms of Ireland and our work overseas. I urge the Tánaiste to ensure this is taken on board. I welcome that he is meeting members of civil society next week but we really need to honour this commitment, particularly given that we hold the chair of the OSCE this year.

Ireland is very much in a leadership position in regard to UNSCR 1325. We have adopted a national action plan which has been published. My Department has committed considerable resources towards the preparation of the national action plan. In 2009, a total of €485,000 came from the Department's stability fund; in 2010 the figure was €412,500. As I stated in my reply, officials from my Department will meet with civil society groups next week to discuss the formation of the monitoring group and the appointment of an independent chair.

EU Presidency

Sean Fleming

Question:

108Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade the steps that have been taken to ensure a cost efficient EU Presidency and to avoid cost overruns and difficulties with procurement; and if he will make a statement on the matter. [20289/12]

Preparations for Ireland's EU Presidency are under way in all Departments. Significant progress has been made in setting Presidency priorities for the first six months of 2013. The Presidency is an important opportunity for Ireland to rebuild its positive image as a credible, effective and trustworthy international player. At a practical level, the Government has taken a number of decisions with a view to putting in place an efficient and cost-effective Presidency. The need for financial discipline means that expenditure for the Irish Presidency will be tightly controlled. As an important cost containment measure, the Government has decided that Dublin Castle and other State-owned properties in the Dublin area will be the default venues for all Presidency-related events in Ireland. The Office of Public Works has been fully engaged with the Departments of Foreign Affairs and Trade and the Taoiseach in identifying and pre-planning the facilities and requirements for events during the Presidency.

Work is proceeding on the expansion of facilities at the permanent representation in Brussels to accommodate the extra staff from all Departments that will be working there for the Presidency. Work is also under way on a centralised procurement scheme for all goods and services that will be required for the running of the Presidency. I expect that by taking a more collective approach, we will be able to maximise the potential economies of scale and reduce some of the administrative overheads incurred through individual tendering for similar goods and services. A prior information notice for the possible procurement of a number of requirements for the EU Presidency was published by my Department on 9 March 2012 on the eTenders website. The services and supplies included on the notice include accommodation; catering, hospitality and event management; chauffeur driving and bus transport services; interpretation and translation services; and an accreditation and badging service for delegates and media. The publication of a prior information notice does not necessarily mean there is a commitment to procuring these items. However, it underlines the transparent approach being taken to procurement, gives suppliers more time to prepare for possible tenders and will result in more cost-effective outcomes.

In 2004, the current Tánaiste was critical of the expenditure that was incurred when many meetings were held across the country. The Government of the time was trying to showcase the country to its best advantage. There are suggestions that the number of ministerial meetings in this country will be reduced. Is the Minister of State concerned that such a move would limit our opportunity to showcase the best of what Ireland has to offer at a time when that might be needed more than it was in the past? I fully appreciate the need for strict control of budgets in this regard, as set out by the Minister of State. I commend the Government in that respect. Does the Minister of State have a ballpark figure for what the whole initiative will cost? I have seen a figure of €60 million, excluding security. Can she put a more precise figure on it at this stage?

That is the ballpark figure. The detail of that will be expanded on as we get closer to the Presidency and the procurement process is completed. The ballpark figure is essentially the same as the cost of the Hungarian Presidency and the current Danish Presidency. The Polish Presidency had a bigger budget that will not be available to us, quite frankly. This is really about common sense. We have to ensure we do not over-extend ourselves as we try to maximise the potential of the Presidency. I am very excited about the Presidency because it will be a fantastic opportunity to showcase Ireland in Europe and Europe in Ireland, both of which are extremely important. I do not agree that having high-level informal meetings in places like Ashford Castle and Dromoland Castle is the way to showcase Europe in Ireland. There is very little benefit from holding such meetings in venues around the country. Perhaps they allow particular Ministers to boast that they have brought ministerial meetings to their own constituencies. The value of the contributions such meetings make to local economies is limited.

They are welcome on the north side.

The Deputies know as well as I do that when Ministers go to these events, they want to do their business and get out of there as quickly as they can. Time is precious. A total of 160 meetings will take place during the Irish Presidency. Some of them will be held outside Dublin. The vast majority of them, including all of the informal ministerial meetings, will take place in Dublin. I remind the House that other events will take place. I am chairing the interdepartmental committee that is working on the plans for the policy side of the programme. Along with the Minister, Deputy Deenihan, I am co-chairing a preparatory group that involves all the key stakeholders for the cultural programme for the Presidency. Although it has a very limited budget, the cultural programme will be very exciting. There will be opportunities for towns and villages around the country to be twinned with towns and villages in other countries. The involvement of citizens at grassroots level is much more valuable than spending vast sums of money on bringing interpretation booths around the country to facilitate Ministers.

I would like to ask about the cost efficiency of Ireland's Presidency of the EU. Can the Minister of State guarantee that many of those who provide goods and services during the Presidency will be based in Ireland? That would ensure the Presidency has an impact on the local economy. The Minister of State mentioned a figure of €60 million. There is potential for the catering and wholesale trades to benefit from the Presidency. We need to support local and indigenous Irish businesses, particularly in the restaurant and hotel services industry, by generating business for them. That would give them a leg up in the current economic crisis.

It goes without saying that we will use the Presidency to showcase Irish goods and services. The Government intends to use the tendering process to ensure, as far as possible while complying with our legal obligations, that Irish companies are given every opportunity to showcase their goods and to benefit. The Presidency will have enormous potential for the restaurant industry and the hospitality sector. I mentioned some aspects of the cultural programme. We are working closely with Tourism Ireland and Bord Bia. I am chairing a group of semi-State companies that is examining opportunities and ways of leveraging potential for Ireland from the semi-State side. Of course, the Presidency will tie in very well with all the events that will take place throughout 2013 as part of the Gathering. We intend to exploit all of the limitless opportunities that will present themselves next year.

Northern Ireland Issues

Clare Daly

Question:

109Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether the checks and balances which should ensure that the detention (details supplied) of Marian Price is compliant with domestic and international law; if he will liaise with the British authorities to establish the existence of the pardon that she was granted in 1980; his views on the conditions of detention of Marian Price at Ash House, Hydebank Wood Prison; and if he will make a statement on the matter. [24991/12]

This is a legally difficult and complex issue. The concerns referred to in this question have been raised with me by the Pat Finucane Centre and other human rights non-governmental organisations. Following receipt of these concerns, I discussed the issue with the Secretary of State on 27 April last. He told me that the process which led to the detention of the woman in question fully adhered to the law. I was informed that advice was sought from an independent body to verify that the action was pursued in a correct manner. The Northern Ireland Office has confirmed that a royal prerogative of mercy was given to Marian Price on 30 April 1980. It has advised that this pardon was granted in respect of a sentence of 20 years for conspiracy to cause an explosion and not in respect of the sentence of two terms of life imprisonment related to the Old Bailey bombing. On 22 February last, this contention was upheld by the Parole Commission, which ruled that the prisoner is subject to life licence in respect of the two life sentences. Further legal avenues remain available to appeal this decision. I believe the prisoner's legal representatives are exploring these options. I am aware of concerns that have been raised regarding the health of the prisoner, both in terms of her initial incarceration in Maghaberry Prison and her subsequent transfer to the women's ward of Hydebank Wood Prison. I have been informed that every effort is being made to make the prisoner comfortable. I have been advised that a medical expert has requested an assessment visit. I have asked to be informed of the outcome of that visit. In the meantime, my officials are in regular contact with the authorities in Northern Ireland, human rights non-governmental organisations and others close to this case.

This is a serious human rights issue. I would like to echo some of the points that were made by Deputy Maureen O'Sullivan earlier. The conditions of Marian Price's detention are cause for serious concern. She is a woman in very poor health. She was isolated for ten months in a men's prison and is now behind a wooden door again, isolated in an area of three cells, with no unsupervised access to fresh air and so on. We need to do more.

The nub of the issue lies with the pardon itself and the fact this pardon seemingly no longer exists. I ask the Tánaiste what further action he can take in order to find it. The reality is she was released under a pardon in 1980 yet last year she was arrested and an order was signed by the Secretary of State for Northern Ireland revoking a licence under the Good Friday Agreement. It is maintained by the Pat Finucane Centre that she was never subject to that licence. No evidence has been produced to dispute that and the pardon seemingly no longer exists. She was freed under a pardon and does not come under the terms of a licence so how can she be lawfully detained at present under a licence that was never in existence in the first place?

Serious concerns have been raised about whether her detention meets the lawful standards and I do not believe these have been answered yet. Will the Tánaiste comment on whether he has discussed where this pardon has gone and why it does not exist, because that was the basis on which she was freed? It is the contention of the Pat Finucane Centre and others that there was no basis to any licence being revoked.

As I said earlier, there were a number of sentences in this case. There was a 20-year sentence which, I am informed, was the subject of the royal prerogative. I am further informed that the royal prerogative did not apply to life sentences which she had been given and that those life sentences are subject to the life licence which was withdrawn by the Secretary of State.

As I said, we have raised this issue with the Northern Ireland Office and it has advised that the independent parole commissioners considered the terms of the royal prerogative of mercy after receiving submissions on behalf of the prisoner and on behalf of the Secretary of State. They ruled that the life sentences were not, in fact, remitted by the royal prerogative of mercy and that the prisoner remains subject to the life sentence.

I did receive a letter from a case worker at the Pat Finucane Centre on 27 March last raising detailed concerns on the legality of the conditions of the detention, and I thanked the centre for communicating these concerns to me. My officials have followed up with the relevant authorities since then and these contacts are ongoing. Whatever concerns were raised about the circumstances of detention, there is an obligation to address these concerns and to demonstrate them to be unfounded. I discussed them with the Secretary of State, Mr. Paterson MP, at our meeting on 27 April. He has indicated that the case is currently due for review by the parole commissioners and that he will be guided by their decision.

I am aware of the concerns surrounding the prisoner's health. These concerns led to the prisoner being removed from Maghaberry Prison to the medical wing of Hydebank Prison where, I have been informed, medical and prison administration staff are making every effort to make the prisoner comfortable. Nonetheless, concerns about the prisoner's health persist and I believe these have to be addressed. I have been advised that a medical expert on behalf of the UN Special Rapporteur on the Right to Health has requested an assessment visit. I have asked to be informed on the outcome of that visit.

On that point, it is the case that health professionals have recommended she should be in hospital and I ask the Tánaiste to take up that question. He might examine the information on the existence of that royal pardon as stated by the Pat Finucane Centre, which is highly reputable and does not have any agenda or axe to grind. Seemingly, nobody can put their hands on that pardon and assertions are being made about it without the actual document existing, so the evidential basis of her detention is under serious question and those questions have not been answered.

As I said, there has been a request for a medical assessment to be carried out on behalf of UN Special Rapporteur on the Right to Health and I have asked to be informed on the outcome of that visit. In respect of whether the royal prerogative applies to the life sentences or whether it applies only to the 20-year sentence, again, the parole commissioners looked at that and they concluded that the life sentences were not remitted by the royal prerogative of mercy and that the prisoner remains subject to life licence. As I also said, however, when I met the Secretary of State on 27 April, he indicated the case was due for review by the parole commissioners and that he would be guided by their decision.

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