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Dáil Éireann debate -
Wednesday, 20 Feb 2013

Vol. 793 No. 2

Other Questions

Nuclear Proliferation

Seamus Kirk

Question:

6. Deputy Seamus Kirk asked the Tánaiste and Minister for Foreign Affairs and Trade the sanctions that will be imposed on North Korea following the latest nuclear weapons tests. [8920/13]

I issued a statement on 12 February condemning in the strongest possible terms the decision by the Democratic People’s Republic of North Korea, the DPRK, to test a nuclear explosive device on 12 February 2013. This action directly threatens peace and stability on the Korean peninsula and was a clear violation of North Korea’s international obligations under United Nations Security Council Resolutions 1718, 1874 and 2087.

It has been the position of successive Irish Governments that nuclear weapons have never and will never guarantee the security of any nation. The very existence of these weapons threatens security.

Following this test, the international community has been united in its strong disapproval of this action, and there has been strong condemnation to this effect by the EU, the US and China. The UN Security Council has also strongly condemned the test. The members of the Security Council unanimously adopted Resolution 2087 on 22 January which expressed the council’s determination to take significant action in the event of a further test. In line with this commitment, following this latest nuclear test, the members of the Security Council have begun work on appropriate measures in a Security Council resolution.

The EU Foreign Affairs Council of 18 February agreed, unanimously, that additional restrictive measures be taken against North Korea. Together with my EU colleagues, I agreed to further strengthen sanctions against North Korea by adopting EU autonomous measures which are in addition to those contained in UN Security Council Resolution 2087. These further measures in particular concern trade in conventional weapons involving North Korea and in relation to the export to North Korea of certain key components for ballistic usage.

At the Foreign Affairs Council, Ireland together with our EU partners further called upon the DPRK to re-engage constructively with the international community, in particular with the members of the six party talks, and to work towards lasting peace and security on the Korean Peninsula. The European Union stands ready to continue to work with its partners in support of these objectives.

I thank the Tánaiste for his reply. I welcome the fact that he issued a strong statement and that this matter has been taken very seriously at the recent Foreign Affairs Council meeting. One worrying commentary I saw reported was that North Korea threatened South Korea with final destruction during a debate at the UN Conference on Disarmament recently and it talked about taking second and third steps after the nuclear test last week. That obviously needs to be seriously dealt with at UN and EU level and at every appropriate forum.

Can the Tánaiste indicate when the additional sanctions agreed at the Foreign Affairs Council on Monday will become effective? If North Korea continues to pursue nuclear ballistic capability, as it has indicated, what steps will the European Union take to address the destabilisation of the Korean Peninsula? When is it expected that the comprehensive nuclear test ban treaty will come into force? Am I correct in thinking that it awaits the signature of eight states? Is it under the remit of the nuclear non-proliferation treaty or under the remit of the International Atomic Energy Agency?

The Deputy has asked a number of questions. In regard to the comments which were made in Geneva yesterday by the DPRK that South Korea would face final destruction if it continued to press for tougher sanctions against North Korea at the United Nations, the comments which were made by the DPRK representative at the conference on disarmament in Geneva yesterday are totally unacceptable and only serve to exacerbate an already tense situation. For North Korea to make such an explicit threat against its neighbour is quite reckless and wholly irresponsible. What is more, such language is all the more reprehensible given that the comments were made at a United Nations forum, the purpose of which was to promote global disarmament.

The intention is that the sanctions will come into effect straight away. The European Union will work very closely with the United Nations in regard to the potential destabilisation of the Korean Peninsula. We have encouraged the resumption of the six party talks. A very clear message is now being given to North Korea that the international community wants it to engage in these talks and wants it to discontinue nuclear testing.

As the Deputy said, there are eight countries which have yet to ratify the comprehensive nuclear test ban treaty. There are three countries which have not even signed it, and one of those is the DPRK.

Are questions on the same subject not being grouped together any more? Questions Nos. 38 and 49 are on the same subject. I do not know who made that decision. There are a number of other questions on the same subject. I know it is not the Minister's responsibility but I noticed recently that questions on the same subject tend not be grouped any more and I wonder is that a new policy.

Britain has talked about further isolating North Korea but I wonder how it could be isolated further. The regime is living in a bubble; it is living in fantasy land. We all accept that. The only way to break down some of the rhetoric is for people to talk to them or visit them and hopefully that could be achieved through such outreach.

We have heard what North Korea said in regard to South Korea and it has said that if the Americans take action, it will step up things. The concern is the proliferation of nuclear weapons in the region. Are the Japanese and the South Koreans going to do the same? We do not expect them to but that is the concern in this respect as would be their alignment with other countries around the world in relation to it. I know discussions were taking place but perhaps we need to look outside the loop and consider if there is anything different we as an independent nation can do in regard to North Korea or other conflicts around the world.

Will the Tánaiste indicate if there was any discussion at the Council meeting in regard to the commentary at the weekend that Iran's leading nuclear scientists travel to North Korea for this particular nuclear test? As we know, advocates and friends of Iran in this country will always state that Iran's nuclear capability is being developed for peaceful purposes and as a source of energy whereas North Korea declares that it is building weapons as a deterrent, as they would say, to hostile powers, but it is obviously for aggression purposes. Was this particular issue discussed at the Council meeting?

On Deputy Crowe's point on the issue of isolation, Ireland has diplomatic relations with North Korea. We do not have a resident embassy there but through our diplomatic relations we make our point of view very clearly known and independently known. Over many decades Ireland has taken a leading role in regard to nuclear non-proliferation. We are very clear in our view. We are one of the leading countries in the world which says that nuclear weapons pose a huge threat to humanity and to peace and stability in the world. The idea that a country would develop a nuclear weapon as some form of a defence mechanism is wrong.

We must rid the world of nuclear weapons and that is why we have been such a strong proponent of the comprehensive test ban treaty and the non-proliferation treaty. We continue to make this point of view very clearly known in all international fora.

We did not have a lengthy discussion on North Korea at the meeting of the European Union Foreign Affairs Council on Monday. There have been discussions on several occasions previously about the situation in Iran. We are anxious to get the E3 + 3 talks going and effective and that is why a sanctions regime was agreed by the European Union with regard to Iran to encourage that country to go back to the table to engage in the E3 + 3 talks. The Iranians have come back to the table but unfortunately there has not been a very meaningful engagement so far. The approach of the European Union to Iran and its nuclear ambitions is to get it to comply with what the IEA is demanding of it.

Undocumented Irish in the USA

Joe McHugh

Question:

7. Deputy Joe McHugh asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on his recent engagements with American Senators in respect of resolution for Irish citizens who live without documentation in the USA; and if he will make a statement on the matter. [8735/13]

As I said in my earlier response, the position of the undocumented Irish immigrants in the United States is an important priority for the Government. President Obama has indicated his strong support for progress on comprehensive immigration reform. Work is currently under way in Congress on agreeing the terms of the reform and the indications of emerging bipartisan support for reform are encouraging. In this regard, the Embassy in Washington has intensified its contacts with members of Congress to ensure that the interests and concerns of undocumented Irish immigrants are captured in any future legislative deal in this area that emerges. In addition, I am currently undertaking a round of contacts with key Senators.

I spoke with Senator John McCain on 8 February last to discuss the prospects for progress and to express the Government’s appreciation for the efforts he and others are making in developing bipartisan Senate proposals and to underline our ongoing interest in the issue. I look forward to continuing my contacts with other Senators in the coming weeks.

The Taoiseach and I will be in the United States to fulfil St. Patrick’s Day engagements and we will take every opportunity to discuss this issue further in our contacts at political level.

My Department is also in close and regular contact with the Irish community groups who provide assistance to the undocumented and who are promoting immigration reform.

I listened to the Tánaiste's earlier response to Deputy Brendan Smith with regard to the best advice being that comprehensive legislation was the best way of securing a deal on the undocumented issue. I disagree with that. It has not been the only advice and in fact, the people who have been advising that this is not the best way of getting a deal for the Irish have been proven right, unfortunately, for the last 20 years. The problem is that there never has been a plan B put into operation either by this or the previous Government. In terms of emerging bipartisan support being encouraging, it is too early to say. I do not know if the Tánaiste is aware that over the weekend the White House leaked a draft bill on immigration reform but one of the critical Senators on the Republican side, Senator Rubio, said that if the draft arrived on Capitol Hill it would be dead on arrival. There have been a lot of false dawns. While we have made progress with regard to the E3 visa, as the Tánaiste has said, it will not cover the bulk of the undocumented Irish.

The Tánaiste said that he has talked with various Senators and will talk with others over the coming days. Who is he speaking to on the Republican side? The House of Representatives in the United States is held by the Republican Party.

We have to recognise when circumstances change. Anybody addressing this question a year or more ago would certainly have said that comprehensive immigration reform was largely off the agenda in the United States. It is back on the agenda now and we must recognise that. It has been put back on the agenda because it was an issue in the United States presidential election and President Obama has made a number of very clear statements about it in the aftermath of that election. On the back of that, it is appropriate and right that we pursue this matter in the interests of the undocumented Irish living in the United States.

I am aware of the statement that was made by Senator Marco Rubio. The key people on the Republican side with whom we are in touch include Senator John McCain, to whom I have spoken directly, Senator Lindsey Graham, Senator Rubio, Senator Jeff Flake, Congressman Paul Ryan and Congressman Jim Sensenbrenner. We have also been discussing this issue with Senator Shumer, Senator Durbin, Senator Menendez, Senator Bennet from the Democratic side, Senator Leahy and Senator Kirk. We have been in contact with a broad range of people on Capitol Hill.

The issue of comprehensive immigration reform is back on the agenda. People can speculate about whether this is a false or real dawn but our responsibility is to pursue it in the interests of the estimated 50,000 undocumented Irish people in the United States.

The names the Tánaiste read out are, in many cases, the usual suspects. The reality is that over the last ten or 15 years we have lost sway on Capitol Hill and we have lost sway in particular with the Republican Party. Unless an executive order is signed, this needs to go through Congress. The House is held by the Republicans and the opinion of that party on immigration has hardened over the last five or six years. We have not made any inroads into that party in terms of convincing it that a stand alone deal, if necessary, is good for the Republicans.

I wish to remind the Tánaiste that when it came to the green cards, it was Republican presidencies that allowed that to happen, namely former Presidents Bush and Reagan. The Visa Waiver Bill, which has helped Ireland so much over the last 18 years, was passed by a Republican-dominated Congress. The Clinton administration was actually against it. Unless we have a return to the kind of situation that we had 20 years ago with, in particular, the Republican Party and if comprehensive immigration reform fails again we will be left in the same position in which we currently find ourselves.

I am not sure that it helps our cause to engage in commentary on the politics of the United States. The politics of the United States is a matter for the people of that country, the Congress and Senate and I am not going to engage in a discussion on which Administration, Congress or majority holds a particular view. As far as we are concerned, as a Government we will work with both sides of the aisle. We will work with Democrats and Republicans. My assessment is that this is an issue that requires a bipartisan approach. We worked, for example, on the E3 issue on a bipartisan basis. I had a very good and very frank discussion last week with Senator John McCain about these issues. I hope I will be able to meet him and some of his colleagues during the course of the St. Patrick's Day events. We intend to pursue this issue and if there is any assistance that any Member of the House can provide to us with regard to introductions, either to a particular party or representatives of that party, we would very gladly avail of it.

Is the Tánaiste inviting me to come to Washington with him on St. Patrick's Day?

I am inviting Deputy Deasy to give me his list of contacts in the Republican Party.

Personal introductions are always better.

We will have nobody giving out phone numbers.

There is a nuance between what has been presented by President Obama and by the bipartisan approach of the US Senators.

President Obama is talking about a two-strand approach, dealing with border security and comprehensive immigration reform in tandem with each other. The Senators are talking about securing the borders first and then looking at a path to citizenship.

If the second approach is taken, it could be a long time before we have a clear path to citizenship for the 50,000 undocumented Irish. Has the difference in approach being taken by the two sides been addressed in the conversations the Tánaiste has had to date? Can the Tánaiste update the House on progress regarding the E3 visa itself?

I have submitted a question, Question No. 23, on this issue. Senator Rubio from Florida said the plan was half baked and seriously flawed. While it is not helpful for us to concern ourselves with what one person or another has said, it is, however, important that we raise the issue of documentation in this House. It has cross-party support. The group, Friends of America, has been established consisting of Deputies from all parties and none.

What can Members of the Dáil do to progress this issue? On a previous occasion, the House supported a motion on this issue almost unanimously. I think one person, who has just left the room, opposed the motion at that time. What can we do? I welcome the fact that the Tánaiste is making telephone calls. Would it be helpful for Deputies Gerry Adams or Micheál Martin, for example, to ring around or for the rest of us to do so? What exactly can we do?

I have seen the false dawns. I was there when up to 3,000 Irish people gathered to lobby, wearing T-shirts saying "Legalise the Irish". We all had high expectations at that time but those expectations were dashed. Families contact their public representatives every weekend on this issue. Their children are in this legal limbo and they want to see a resolution. If there is anything the House can do, we will do it.

We must understand that immigration has been a big political issue in the United States for a long time. It is perfectly understandable that the issue of immigration will be linked to issues of border security and to security generally, given what the United States experienced just over a decade ago. We must be mindful of that. That is the approach that will be taken to this issue.

While the issue of comprehensive immigration reform has been on the political agenda in the United States for a long time, it got renewed momentum following the presidential election. I do not want to exaggerate that renewed momentum but clear statements have been made by the President of the United States of his desire to see reforming legislation. That is now occupying the minds of certain key members of the Senate and House of Representatives who have an interest in this area and with whom we are in contact.

Deputy Crowe asked what would be helpful. Many Members of the House, from all parties and Independents Members, have contacts on Capitol Hill and with American political figures. It would be helpful if Members were to reactive those contacts where they exist and use them to communicate what is generally agreed here, which is that we want to see an immigration regime that will regularise the positions of the 50,000 or so Irish people who are living in the United States and are not documented, and who are in a very difficult set of circumstances. They cannot come back for family events, as Deputy Smith said earlier.

Where Deputies are making such contacts, I ask that they liaise with me and keep me informed about what is happening. We need to do this in a co-ordinated way. My Department and I are leading this effort. It is, therefore, important that we know about any contacts that are being made, are given the heads-up on where progress might be made and that we work in a co-ordinated way on behalf of Irish people in the United States.

Has the Tánaiste information about the E3 visas?

We are continuing our efforts to secure the E3 visas. This was at the top of the agenda until the possibility of comprehensive immigration reform came up again. We are continuing our efforts on the E3 visa issue.

International Agreements

Catherine Murphy

Question:

8. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of international treaties, conventions and other international legal obligations which Ireland has signed but not ratified; and if he will make a statement on the matter. [8737/13]

As requested, I am providing the Deputy with a list of international agreements which Ireland has signed but not ratified. The list has been prepared according to the information available to my Department and aims to be as comprehensive as possible.

The two-step process whereby a state will first sign an international agreement, and then ratify it later, is the usual manner in which international agreements are concluded. This interval permits states to take whatever legislative or administrative measures are necessary to fulfil obligations assumed under the agreement. The signing of an agreement may be an important demonstration of a state’s support for it, pending its ratification when in a position to do so. The alternative would be to refrain from signing the agreement at all, which may be interpreted as a lack of support for the agreement.

Although my Department has an important role in relation to signing and ratifying international agreements, the necessary legislative or administrative measures required to implement them are for the line Department responsible for the subject matter of the agreement.

My Department annually publishes all international agreements that enter into force for Ireland in the Irish treaty series, which is available on the Department’s website, and lays them before this House. A notice of all agreements laid is also published in Iris Oifigiúil.

List of International Agreements signed by Ireland, but not Ratified

[1] Multilateral Treaties deposited with the Secretary General of the United Nations

1

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, done on 10 December 2008

Signed by Ireland on 23 March 2012.

2

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, done on 29 October 2010.

Signed by Ireland on 1 February 2012.

3

Universal Postal Union Convention and Final Protocol, done on 12 August 2008.

Signed by Ireland on 12 August 2008.

4

First Additional Protocol to the General Regulations (Universal Postal Union), done on 12 August 2008.

Signed by Ireland on 12 August 2008.

5

8th Additional Protocol to the Universal Postal Union Constitution, done on 12 August 2008.

Signed by Ireland on 12 August 2008.

6

Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done on 18 December 2002.

Signed by Ireland on 2 October 2007.

7

Convention on the Rights of Persons with Disabilities, done on 13 December 2006.

Signed by Ireland on 30 March 2007.

8

International Convention for the Protection of All Persons from Enforced Disappearance, done on 20 December 2006.

Signed by Ireland on 27 March 2007.

9

International Convention for the Suppression of Acts of Nuclear Terrorism, done on 13 April 2005.

Signed by Ireland on 19 September 2005.

10

Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context, done on 21 May 2003

Signed by Ireland on 21 May 2003.

11

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organised Crime, done on 15 November 2000.

Signed by Ireland on 13 December 2000.

12

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done on 25 May 2000.

Signed by Ireland on 7 September 2000.

13

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to abate Acidification, Eutrophication and Ground Level Ozone, done on 30 November 1999.

Signed by Ireland on 1 December 1999.

14

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, done on 24 June 1998.

Signed by Ireland on 24 June 1998.

15

Protocol to the 1979 Convention on Lang-Range Transboundary Air Pollution on Heavy Metals, done on 24 June 1998.

Signed by Ireland on 24 June 1998.

16

Agreement concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections, done on 13 November 1997.

Signed by Ireland on 13 November 1997.

17

Optional Protocol to the Vienna Convention on Consular Relations, concerning the Compulsory Settlement of Disputes, done on 24 April 1963.

Signed by Ireland on 24 April 1963.

18

Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, done on 18 April 1961.

Signed by Ireland on 18 April 1961.

19

Convention on the Territorial Sea and the Contiguous Zone, done on 29 April 1958. Signed by Ireland on 2 October 1958.

Signed by Ireland on 2 October 1958.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

20

Convention on the High Seas, done on 29 April 1958.

Signed by Ireland on 2 October 1958.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

21

Convention on Fishing and Conservation of the Living Resources of the High Seas, done on 29 April 1958.

Signed by Ireland on 2 October 1958.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

22

Convention on the Continental Shelf, done on 29 April 1958.

Signed by Ireland on 2 October 1958.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

[2] Council of Europe Treaties

1

Convention on Mutual Administrative Assistance in Tax Matters, done on 25 January 1988.

Signed by Ireland on 30 June 2011.

2

Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters, done on 27 May 2010.

Signed by Ireland on 30 June 2011.

3

Council of Europe Convention on the Prevention of Terrorism, done on 16 May 2005.

Signed by Ireland on 3 October 2008.

4

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, done on 25 October 2007.

Signed by Ireland on 25 October 2007.

5

Protocol amending the European Convention on the Suppression of Terrorism, done on 15 May 2003.

Signed by Ireland on 15 May 2003.

6

Convention on Cybercrime, done on 23 November 2001.

Signed by Ireland on 28 February 2002.

7

Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid, done on 4 October 2001.

Signed by Ireland on 5 October 2001.

8

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done on 4 November 2000.

Signed by Ireland on 4 November 2000.

9

Civil Law Convention on Corruption, done on 4 November 1999.

Signed by Ireland on 4 November 1999.

10

European Convention on the Exercise of Children's Rights, done on 25 January 1996.

Signed by Ireland on 25 January 1996.

11

European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, done on 18 March 1986.

Signed by Ireland on 6 December 1990.

12

European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, done on 19 August 1985.

Signed by Ireland on 3 November 1986.

13

European Convention on Social Security, done on 14 December 1972.

Signed by Ireland on 23 February 1979.

14

Supplementary Agreement for the Application of the European Convention on Social Security, done on 14 December 1972.

Signed by Ireland on 23 February 1979.

15

European Convention on the Control of the Acquisition and Possession of Firearms by Individuals, done on 28 June 1978.

Signed by Ireland on 28 June 1978.

16

Convention relating to Stops on Bearer Securities in International Circulation, done on 28 May 1970.

Signed by Ireland on 23 April 1974.

17

European Agreement on the Protection of Television Broadcasts, done on 22 June 1960.

Signed by Ireland on 22 June 1960.

18

European Convention for the Peaceful Settlement of Disputes, done on 29 April 1957.

Signed by Ireland on 29 April 1957.

[3] EU Agreements

1

Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, done on 11 July 2012.

Signed by Ireland on 11 July 2012.

2

Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam of the other part, done on 27 June 2012.

Signed by Ireland on 27 June 2012.

3

Common Aviation Agreement between the European Community and its Member States, on the one part, and Moldova, on the other part, done on 26 June 2012.

Signed by Ireland on 26 June 2012.

4

Agreement Establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, done on 29 June 2012.

Signed by Ireland on 29 June 2012.

5

Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, done on 26 June 2012.

Signed by Ireland on 26 June 2012.

6

Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, done on 11 May 2012.

Signed by Ireland on 11 May 2012.

7

Agreement between the Member States of the European Union, meeting with the Council, regarding the Protection of Classified Information Exchanged in the Interests of the European Union, done on 25 May 2011.

Signed by Ireland on 25 May 2011.

8

Euro-Mediterranean Aviation Agreement between the European Union and its Member States, on the one part, and the Hashemite Kingdom of Jordan, on the other part, done on 15 December 2010.

Signed by Ireland on 15 December 2010.

9

Common Aviation Agreement between the European Union and its Member States, on the one part, and Georgia, on the other part, done on 2 December 2010.

Signed by Ireland on 2 December 2010.

10

Co-operation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway, done on 22 September 2010.

Signed by Ireland on 22 September 2010.

11

Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part, done on 10 May 2010.

Signed by Ireland on 10 May 2010.

12

Agreement on Air Transport between Canada and the European Community and its Member States, done on 17 and 18 December 2009.

Signed by Ireland on 17 December 2009.

13

Framework Agreement on Comprehensive Partnership and cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, done on 9 November 2009.

Signed by Ireland on 9 November 2009.

14

Agreement between the European Community and its Member States and the Republic of South Africa amending the Agreement on Trade, Development and Cooperation, done 11 September 2009.

Signed by Ireland on 11 September 2009.

15

Convention on centralised customs clearance, concerning the allocation of national collection costs retained when traditional own resources are made available to the EU budget, done on 10 March 2009.

Signed by Ireland on 10 March 2009.

16

Economic Partnership Agreement between the European Community and CARIFORUM, done on 15 and 20 October 2008.

Signed by Ireland on 15 October 2008.

17

Convention on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities, done on 14 April 2005.

Signed by Ireland on 14 April 2005.

18

Decision of the representatives of the Governments of the Member States, meeting within the Council, on the privileges and immunities granted to the European Defence Agency and to its staff members, done on 10 November 2004.

Signed by Ireland on 10 November 2004.

19

Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, done on 26 October 2004.

Signed by Ireland on 26 October 2004.

20

Agreement between the Member States of the European Union concerning claims introduced by each Member State against any other Member State for damage to any property owned, used or operated by it or injury or death suffered by any military or civilian staff of its services, in the context of an EU crisis management operation, done on 28 April 2004.

Signed by Ireland on 28 April 2004.

21

Agreement between the EU Member States concerning the status of military and civilian staff on secondment to the Military Staff of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA), done on 17 November 2003.

Signed by Ireland on 17 November 2003.

22

Protocol established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes, done on 8 May 2003.

Signed by Ireland on 8 May 2003.

23

Protocol, established by the Council in accordance with Article 34 of the Treaty on European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, done on 16 October 2001.

Signed by Ireland on 16 October 2001.

24

Decision of the Representatives of the Governments of the Member States on the privileges and immunities granted to the European Union Institute for Security Studies and the European Union Satellite Centre, and to their bodies and staff members, done on 15 October 2001.

Signed by Ireland on 15 October 2001.

25

Convention, established by the Council in accordance with Article 34 of the Treaty on the European Union, on mutual assistance in criminal matters between the Member States of the European Union, done on 29 May 2000.

Signed by Ireland on 29 May 2000.

26

Convention drawn up on the basis of Article K.3 of the Treaty on European Union on jurisdiction and the recognition and enforcement of judgements in matrimonial matters, done on 25 August 1998.

Signed by Ireland on 25 August 1998.

(This Convention has been superseded by later measures.)

27

Protocol drawn up on the basis of Article K.3 of the Treaty on European Union on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on jurisdiction and the recognition and enforcement of judgements in matrimonial matters, done on 28 May 1998.

Signed by Ireland on 28 May 1998.

(This Protocol has been superseded by later measures.)

28

Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the service of Member States of the European Union of Judicial and Extrajudicial documents in Civil and Commercial matters, done on 26 May 1997.

Signed by Ireland on 26 May 1997.

(This Convention has been superseded by later measures.)

29

Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community of the one part, and the Republic of Slovenia, of the other part, done on 5 April 1993.

Signed by Ireland on 5 April 1993.

30

Agreement relating to Community Patents, done on 15 December 1989.

Signed by Ireland on 15 December 1989.

(This Agreement has been superseded by later measures.)

31

Protocol on a possible modification of the conditions of entry into force of the Agreement relating to Community Patents, done on 15 December 1989.

Signed by Ireland on 15 December 1989.

(This Agreement has been superseded by later measures.)

32

First Protocol on the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, done on 19 December 1988.

Signed by Ireland on 19 December 1988.

[4] Other Multilateral Agreements

1

Agreement on a Unified Patent Court, signed on 19 February 2013.

Signed by Ireland on 19 February 2013.

2

Statute of the International Renewable Energy Agency (IRENA), done on 26 January 2009.

Signed by Ireland on 26 January 2009.

3

Hague Convention on the International Protection of Adults, done on 13 January 2000.

Signed by Ireland on 18 September 2008.

4

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done on 8 December 2005.

Signed by Ireland on 20 June 2006.

5

Convention for the Protection of Cultural Property in the Event of Armed Conflict, done on 14 May 1954.

Signed by Ireland on 14 May 1954.

6

Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field, done on 27 July 1929.

Signed by Ireland on 27 July 1929.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

7

Convention relative to the Treatment of Prisoners of War. Geneva, 27 July 1929.

Signed by Ireland on 27 July 1929.

(This Convention has been superseded by a later agreement to which Ireland is a party.)

[5] Bilateral Agreements

1

Agreement between the Government of Ireland and the Government of the United States of America to Improve International Tax Compliance and to Implement FATCA

Signed on 21 December 2012.

2

Agreement between Ireland and Montserrat for the Exchange of Information Relating to Tax Matters

Signed on 14 December 2012.

3

Convention between the Government of Ireland and the Government of the Republic of Uzbekistan for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Property

Signed on 11 July 2012.

4

Agreement between the Government of Ireland and the Government of the Grand Duchy of Luxembourg on Audio-Visual Relations

Signed on 9 July 2012.

5

Agreement between the Government of Ireland and the Government of the Republic of San Marino for the Exchange of Information relating to Taxes

Signed on 4 July 2012.

6

Agreement between the Government of Ireland and the government of the State of Qatar for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains

Signed on 21 June 2012.

7

Agreement between the Government of Ireland and the Government of the Arab Republic of Egypt for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains

Signed on 9 April 2012.

8

Protocol amending the Convention between Ireland and the Swiss Confederation for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, signed at Dublin on 8 November 1966, as amended by the Protocol signed at Dublin on 24 October 1980

Signed on 26 January 2012.

9

Memorandum of Scientific and Educational Cooperation between the Department of Education and Skills and the Ministry of Higher Education in the Kingdom of Saudi Arabia

Signed on 14 June 2011.

10

Agreement between the Government of Ireland and the Government of the State of Kuwait for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

Signed on 23 November 2010.

11

Agreement between Ireland and Malta on cooperation in combating illicit drug trafficking, money laundering, organised crime, trafficking in persons, terrorism and other serious crime

Signed on 26 February 2009.

The Tánaiste has answered much of what I would have asked in a supplementary question.

It is useful to have a list. Could the list be made available on the website of the Department of Foreign Affairs and Trade? There is an issue of transparency regarding why an agreement would be signed but not ratified and what the delay might be. There may be a good reason that an agreement is not ratified.

The convention on human rights and biomedicine, for example, was declared open for signature in 1997. Not only did we not ratify it, a number of other countries did not do so either. I am curious as to why we did not go one stage further. It is something people would find useful to know. I am seeking a way to make that information available on an ongoing basis so that we do not have to scratch around for each individual agreement but have a comprehensive list and the reason each agreement is not signed or ratified.

Is there a timescale for ratification of many of these agreements? The Government has accepted, in principle, the terms of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, the Istanbul Convention.

The Government said it accepted in principle the terms of the convention but it is almost a year since then and there has been no indication of any movement on that. Other countries, however, are moving ahead and while the Minister might say that is due to their system, there is also the optional protocol to the International Covenant on Economic, Social and Cultural Rights. Uruguay has become the tenth country to ratify that within three months. Last year, the Minister for Justice and Equality said we were determined to achieve full respect for human rights, but a year later there has been no movement on either of them. People would wonder what the delay is in ratifying something to which we have signed up. Is it due to cost?

In some countries, once they sign the agreement, it automatically comes into force in domestic law. Our Constitution is different. It states that the signing of an international agreement can only have effect once a decision is made in the Oireachtas to ratify it and give it effect. Often legislation is required for the ratification process. Sometimes a Minister will await the next available opportunity. If there is legislation that embraces the subject matter of the international agreement, the opportunity will be taken to ratify it at that stage. In some cases it requires the putting in place of administrative or legislative arrangements to give effect to it, and that can take time. In terms of pursuing individual agreements, it is better to do that with the line Departments and Ministers.

Northern Ireland Issues

Gerry Adams

Question:

9. Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the various legal proceedings currently being taken by persons (details supplied) to set aside the indeterminate sentence being imposed on them by the British Secretary of State, Ms Theresa Villiers, without access to judicial proceedings in which they can see, hear and challenge the evidence against them; and if he has expressed his abhorrence of the denial of fair judicial procedure to these two Irish citizens [8959/13]

Mick Wallace

Question:

29. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade in view of the fact that Marian Price has been interned without trial for a period of nearly two years, if he will consider raising the matter at a European level; and if he will make a statement on the matter. [8952/13]

Frank Feighan

Question:

30. Deputy Frank Feighan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on the Marian Price case; and the action he is taking to advance the case [8911/13]

Aengus Ó Snodaigh

Question:

33. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the deterioration of the physical and mental health of a person (details supplied); his views on their prison conditions; and if he has discussed them with British Secretary of State, Theresa Villiers. [8956/13]

Luke 'Ming' Flanagan

Question:

63. Deputy Luke 'Ming' Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions he has had with the Northern Ireland Office and the Secretary of State with regard to Marian Price; and if he will make a statement on the matter. [8863/13]

Damien English

Question:

66. Deputy Damien English asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that the Stormont Assembly Minister, David Ford, denied until the last minute compassionate parole to persons (details supplied); if he will raise with Minister Ford at their next meeting the need to address compassionately requests from both in view of the limbo position in which they have been placed, having being neither charged with an offence, nor given a release date, granted bail or seeing the evidence against them; and his views on a royal pardon issued to one of the persons in the 1970s being conveniently misplaced. [8957/13]

Martin Ferris

Question:

67. Deputy Martin Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade if he has raised with the British authorities the continued detention-internment without trial of two Irish citizens (details supplied) in prison; and if he has demanded their immediate release. [8955/13]

I propose to take Questions Nos. 9, 29, 30, 33, 63, 66 and 67 together.

I am very aware of the cases to which the Deputy refers and my officials monitor these and other cases very closely. The first individual referred to has been detained since 13 May 2011 following the revocation of her life licence by the Secretary of State for Northern Ireland. Genuine concerns about several aspects of this case have been raised by Members on many occasions, and I have raised them very frankly with the British Government, most recently when I met the Secretary of State for Northern Ireland last Monday, 11 February. I have been advised that the parole commissioners will determine in March on the issue of her continued detention.

In relation to the second individual referred to, the British authorities have confirmed that he was released under licence in 1992. The Secretary of State for Northern Ireland revoked that licence in April 2010 and the individual has as a result been in custody for the past two years and nine months. I understand an appeal in relation to the case will be heard by the Supreme Court in Belfast shortly. As the case is the subject of an ongoing legal process, it would be inappropriate to comment further at this time.

There has been some discussion of this but I want to add a few points. The nature of these cases involves unseen and unknown evidence, so it is difficult for people to defend themselves when they do not know what evidence has been presented against them. The common denominator is the involvement of shadowy figures in the background from MI5 and MI6 who are not friends of the Irish peace process. The Minister said he would get the report of the delegation that visited Marian Price. That delegation has stated that her health is getting worse and we know she is only allowed to exercise in a corridor late at night, with no access to the fresh air or the environment. She is also concerned that there is talk of closing the wing she is on and returning her to what she described as the dungeon. She said that part of the problem with the dungeon was that she was refused access to medication. The Red Cross has been refused access to Hydebank where she is being held. Will the Minister raise that with the British Government?

I have already brought to the attention of the Secretary of State the previous visit that was undertaken by a group of Oireachtas Members whom I subsequently met and whose report and assessment I was given. On a continuing basis, we have raised with the Minister for Justice in the Northern Ireland Executive the conditions in which Ms Price is being held. The immediate focus is on the hearing by the parole commissioners that is due in early March.

Written Answers follow Adjournment.
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