Seanad Éireann debate -
Wednesday, 3 May 2023

Vol. 293 No. 11

Reykjavik Summit of the Council of Europe: Statements

Minister of State at the Department of Foreign Affairs (Deputy Peter Burke)

I thank Senator Fiona O'Loughlin for arranging today's debate and for all that she, the former Leas-Chathaoirleach, Senator Joe O'Reilly, and other Senators do to represent Ireland so well at Strasbourg's Parliamentary Assembly. Fifty years ago, Ireland joined the European Economic Community. A quarter of a century earlier, however, we founded and shaped another European community. In London in 1949, we were among the ten original signatories to the statute that created the Council of Europe, a community of shared values built upon the three pillars of democracy, human rights and rule of law. Those are values the Council protects across its 46 member states through a tapestry of treaties and institutions that shape standards, hold states accountable and serve 675 million European citizens not through examples of power but through the power of example. In this, the Council is truly the conscience of Europe. Never in our lifetimes has this conscience been needed more. It was this week 74 years ago that, on Ireland's initiative, a commitment to the pursuit of peace was added to the preamble to the Council's statute and it is a pursuit of peace, and accountability for its violation, that has occupied our minds these past 15 months.

One year ago, Ireland assumed the presidency of the Council's Committee of Ministers for a seventh time. We did so at a point of profound challenge for the Continent and the Council. Europe changed utterly on 24 February 2022 and the Council changed with it. A month later, following a unanimous vote at the Parliamentary Assembly of the Council of Europe, PACE, the Committee of Ministers expelled Russia from the organisation. This was an unprecedented but essential decision. I regret that through their actions the Russian authorities have deprived the Russian people of the world's most advanced human rights protection, namely, the European Convention on Human Rights, but the Kremlin's disavowal of the convention left no alternative. It was in this context that Ireland assumed the rotating presidency of the Committee of Ministers. Charged with steering the organisation through a period of tumult, we set out to renew it, refocusing the Council on its core responsibilities and reaffirming its central role in Europe's multilateral architecture.

The Council was founded in the wake of war on the Continent. In light of the current war, we considered it essential that our Heads of State and Government reconvene to reaffirm our shared conviction in democracy and the rule of law, recommit to the rights enshrined in the European Convention on Human Rights and, above all, stand in solidarity with our fellow member state, Ukraine, by advancing accountability for its people. Assuming the Presidency of the Council last May, the then Minister for Foreign Affairs, Deputy Coveney, was asked by several of his counterparts whether a summit was needed. In answer, he quoted the work of Auschwitz survivor Primo Levi by asking, "If not now, when?" That question and that urgency ran through the term of our Presidency and last November in Strasbourg, we secured an historic agreement to convene a summit under the Icelandic presidency. It was just the fourth in the Council's history and the first in almost two decades. The road to Reykjavik was laid by Irish hands.

Two reports made the case for the summit. The first was the work of the group of eminent leaders, chaired by former President Mary Robinson. The second was presented at the PACE and drafted by Senator O'Loughlin. Read together, the reports articulate why the Council of Europe matters and present a blueprint for its renewal.

A fortnight from now, when the Taoiseach and his fellow leaders gather in Reykjavik, home of one of history's oldest parliaments, these documents will shift their deliberations. That is a legacy of which to be proud. Ireland's ambitions for the summit match closely the contents of what we might call the Robinson and O'Leary reports and mirror, in turn, the priorities set as when Ireland held the Council Presidency last year, as well as the focus of more than 60 conferences, seminars and events held in Strasbourg and throughout Ireland.

Above all, as a founding state, we are focusing on recommitting to our founding freedoms, notably the protection of vulnerable people and minorities through the effective functioning of the European Court of Human Rights. The court is where the conscience of Europe truly lies. Ireland was the first state to accept its jurisdiction, and we have always abided by it. Accepting rulings against one's state is seldom easy but it is always right because a ruling ignored is a human right infringed. If we are selective in applying the rule of law, before long lawlessness will become the rule. By protecting the rights of individuals, the judgments made by the court spurred the Irish State to reform and our society to evolve.

When welcoming President Biden to the Oireachtas three weeks ago, the Cathaoirleach spoke eloquently and emotionally about the President's leadership in making the case for marriage equality. Decades earlier, another Member of this House showed equal leadership arguing the case for equality. In 1988, Senator Norris took a case to the European Court of Human Rights that resulted in the decriminalisation of homosexuality in Ireland. The joy we shared when the marriage equality referendum passed in 2015 can be traced to that courtroom, the bravery of Senator Norris, the brilliance of his barrister, Mary Robinson, and the wisdom of the judges on the Strasbourg Bench. Above all, however, it followed the principles of the convention those judges were bound to interpret and we, as representatives, are committed to uphold. In the last week of our Presidency term, we had the honour of celebrating Ms Justice Síofra O'Leary's election as president of the court. She is the first Irish citizen to hold that role and, more significantly, the first woman to hold it. Her election was a testament to her remarkable abilities but it is also a source of pride to us here and, in its way, reflective of our commitment to the institution, a commitment we will renew in Reykjavik.

In the face of backsliding across the Continent, our Presidency prioritised democracy, as this summit will also, recognising that democratic renewal depends on youth participation. The Council of Europe has long led in promoting children's rights. Throughout our term, Ireland drew on this expertise to engage with young voices and listen to them. We drew on our national experience of citizens' assemblies to promote participatory democracy. We negotiated a new Dublin declaration on global education, committing our states to education that encourages young citizens to reflect critically on the world and their place in it. Beyond the 46 members of our organisation, we moved to establish a new contact group between Belarusian democratic opposition forces and the Council of Europe. In so doing, we delivered on Sviatlana Tsikhanouskaya's call for "more Council of Europe in Belarus and more Belarus in the Council of Europe". In Reykjavik, home to one of the oldest parliaments, we hope to give impetus to this work, agreeing new principles for democracy with which to guide the Council for the decades ahead.

Senator Fiona O'Loughlin

I thank the Minister of State for his kind words. It is important that this House and the Lower House discuss the upcoming summit. As he stated, it is the fourth such summit in 73 years. There will be significant attendance by Heads of State, with more than 40 countries having indicated they will attend. It is an important day for Europe, the world and Ireland. In particular, I thank Ragnar Almqvist, who is sitting behind the Minister of State. Ragnar and Michael Treacy have been with me on this long journey that started at this time last year and involved many meetings, negotiations and stakeholders, including the Irish ambassador in Strasbourg, Breifne O'Reilly, and his team.

Without the commitment of those behind the scenes, we would not be having this historic summit, which is important for mankind. When we have the opportunity to look at the emerging human rights of our generation, it is so important that everybody has the opportunity to have their say. Every time I have been in Strasbourg and every time I have met with the Council of Ministers I have said they should go home and discuss this in their parliaments. They must discuss what is important to the citizens they represent. Equally, I felt it was hugely important before I go to Reykjavik the week after next, and before I go to Norway tomorrow, that I could say we had this debate and how important it was. I acknowledge the other members of the delegation, Senators Gavan, Joe O’Reilly and Garvey and Deputies Troy and Pringle from the Dáil.

The Russian Federation is no doubt writing a very bloody page in European history. The devastating impact of its war of aggression against Ukraine is almost incredible, yet it has nearly become part of everyday life. While the invasion and aggression have horrific consequences in Ukraine itself, it is important to say that all of Europe has been impacted, through higher energy costs, the effects on our economy and the weaponisation of immigration. It is important that we take a very firm stand in regard to this. A dividing line is back on the map between democracies and the Russian Federation, a country which is prepared to wage a barbaric war of aggression to achieve its imperialistic objectives. It is exactly because our deepest values are being trampled upon that it is necessary to affirm our very deepest identity and values. It is precisely because peace has been violated that we should reiterate our attachment to the core values on which the Council of Europe was founded, and of which it is a guardian, namely, democracy, human rights, and the rule of law. As the head of the Irish delegation to the Council of Europe, I am very proud of how it reacted in line with its own principles to exclude the Russian Federation immediately from its membership and expressed its very firm support for Ukraine and the Ukrainians, which is something Ireland obviously did.

Europe has changed. It has been 18 years since the last summit, but it is important to say that our values have not changed. We cannot allow the war of aggression to undermine Europe's foundations, which are the very core mandate of the Council of Europe. In the face of the extraordinary challenges before us, these values must continue to be our compass. We look forward to 16 and 17 May in Reykjavik. I acknowledge that the Taoiseach was one of the first Heads of State who confirmed that he would attend, and led the way in that regard. We must reiterate that the pursuit of peace based upon justice and international co-operation is a vital precondition for the preservation of human society and civilisation. We are going through a lot of uncertainty and backsliding, but along with ensuring that there is accountability in terms of the war crimes, there are other areas of which we need to be cognisant and that we must examine. When we started this process, many countries and people had different views about what we should prioritise. Following the negotiation we have had over the past 12 months, we have agreed that everybody should have the right to live in a safe and sustainable environment, therefore, putting climate change at the centre of all of our discussions. We have also called for a commissioner for democracy. We see the backsliding of democracy in many countries, in particular in Hungary and Poland in regard to LGBT rights.

It is very important that we have a commissioner who can help to address these situations and try to ensure that we do not have a situation similar to that in Russia and Ukraine. We have also called for a special debate on the whole area of artificial intelligence. This issue is only featuring in our conversations now but there is huge concern about how it may impact on human rights.

This time tomorrow, I will be travelling to Norway to participate in a panel debate with former President Mary Robinson. It is an incredible privilege for me to do so on behalf of Ireland and all 46 countries of the Council of Europe. I am very proud of the work the former President and I have done. I am particularly proud of the President of the European Court of Human Rights, Ms Justice Síofra O'Leary. I had the pleasure last week of opening a debate with her in the European Parliament on the hugely important work the court does. That has to be central to what we do. Full support and resources must be provided for the judgments the court makes. Only then will we be able to continue in the way we should by supporting one another both within our own countries and as members of the Council of Europe. I am conscious that my time is up. I could speak for hours on this subject, as I have done over the last 12 months. I look forward to hearing what my colleagues have to say and taking that message back to Reykjavik.

Senator Rónán Mullen

I thank my friend and colleague, Senator Clonan, for letting me take the lead slot. I welcome the Minister of State. I also commend Senator O'Loughlin, former President Mary Robinson and the President of the European Court of Human Rights, Ms Justice Síofra O'Leary, on all the good work they are doing. It is not only our connection with Senator O'Loughlin in the Seanad. If I am not mistaken, Ms O'Leary's father was Captain of the Guard in the Oireachtas back in the day, which is another reason for us to be proud of the good work being done.

We can all take for granted the importance of this report of the high-level reflection group. Needless to say, we are living in changing times and that is very much the context for this summit and, indeed, the report. I will make a few points. In the context of the ongoing war in Ukraine, at one level, the expulsion of Russia from the Council of Europe would be the only appropriate step. With no victory in sight for either side, however, it must not be unstateable that cool heads need to prevail. I wish that the Council of Europe, itself the fruit of a peace project, to reference the report, would strive now to bring all sides to the peace table. There is no victory for anyone in the continual destruction and tragic loss of life. We have lost our ability to say that and it needs to be part of our conversation.

Somewhere between what some would regard as the moral bankruptcy of our neutral position in the Second World War and total engagement with the western powers lies a possibility that was exemplified in the past by people like Mr. Frank Aiken, that is, that while Ireland is small and willing to state its point of view, it still focuses on seeking the possibility of peace brokering and conversation. That is much healthier than the cheap grace of making regular calls for the expulsion of the Russian Ambassador. We are a small country. We are not military aligned and we should be proud of that. Even while making our views on what Russia is doing and has done to Ukraine eminently clear, we can still play a role that is different from that of major military powers. We should reach for that space and not be ashamed of it. In recent times, the intervention of Ms Sabina Higgins, among others, deserved more welcome than it got, to be frank.

Also in the report and introduction there is mention of the need to avoid democratic backsliding. That word has been used here today. There is mention of the unfortunate backsliding on human rights. There is no doubt that human rights, democracy and the rule of law are closely intertwined. As the report says, if one weakens, so do the others. When we speak of human rights, however, we must speak of universal human rights, not the ones that are claimed or invented by cultural elites. Universal human rights are derived from our nature as persons. Reflection on the evils of the Second World War brought that point home to Europeans. We appear to be making the same mistakes as were made in the past, however, where we establish particular claims that enjoy cultural dominance in this time and place, naming or establishing those claims as rights and not listening to some of the people who would be most affected. On a European level, we have become involved in a form of cultural colonialism or what Pope Francis has called "ideological colonisation", where we seek to impose some western and far from universal values on eastern, independent democratic nations and, indeed, nations in what is called the developing world.

That is not acceptable. We need to have a serious rethink about the objective basis for some of what we claim amounts to human rights. We also need to open up the conversation rather than impose a very western point of view colonially.

I would add that our Government, not content with being involved in bringing another EU nation to court, is displaying a backsliding of its own in terms of human rights, as evidenced in the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, which has now passed the Dáil and will shortly come before us. Ultimately, freedom of speech is what guarantees freedom of thought. It is an essential reality in the seeking of truth. It is true that misinformation may occlude truth and make it hard to identify, thus requiring antidotes, but placing limitations on freedom of speech by means of a hate Bill has the power to bury truth altogether. The hate speech elements of the Bill do not take full cognisance of the importance of free expression. They will help create a climate whereby good, ordinary people will be curtailed in their speech and democratic actions, and in the public expression of their views, because they will not be told the limits imposed by an imprecise law that does not even define what it is meant by hate. The Garda describes hate-related incidents as, "Any non-crime incident which is perceived by any person to, in whole or in part, be motivated by hostility or prejudice, based on actual or perceived age, disability [etc.]".

Does the Bill represent the future direction of criminal law? Coupled with a new definition of "gender" that has never been discussed in these Houses, who knows where the Bill might lead in terms of the wrongful suppression of people's natural right to engage in the exchange of ideas? We have a strange situation whereby this hate Bill is the talk of the international town square, with Jordan Peterson and individuals as well-known as Elon Musk commenting on our hate legislation but there has hardly been a word about it in our own media. This silencing envisaged by the Bill seems to be what is going on already.

In case anyone wonders what I am talking about, we are backsliding. We need to look at the mote in our own eye just as much as we point to other countries about their falling back in respect of human rights. In the end, democracy must be about more than an imposition of cultural power. In 2013, the UN High Commissioner for Human Rights gave a defence of freedom of expression pointing to: "The realization of the right to freedom of expression enables vibrant, multifaceted public interest debate giving voice to different perspectives and viewpoints." Let us learn how to do that again. This dimension of our democratic tradition is wilting away because we seem to have forgotten fundamental human rights. They are fundamental and involve respect for other people's points of view.

Senator Barry Ward

Cuirim fáilte roimh an Aire Stáit freisin sa díospóireacht tábhachtach seo. I welcome this report. I also congratulate my colleagues, Senators O'Loughlin, Joe O'Reilly and Gavan and all those who are part of the Irish delegation to the Parliamentary Assembly of the Council of Europe. They have done an enormous amount of work. We can take great pride in Ireland's response to this crisis. I mean the way that Ireland has dealt with it not just in terms of its parliamentarians but also in terms of our Government and our citizens who work within the Council of Europe. I refer, for example, to Ms Justice O'Leary, who has been mentioned a number of times already. We have good cause to be proud of their role but also of the commitment that we, as a country, have shown to the Council of Europe, which is tremendously important.

I am glad that this Chamber, country and Government have been extremely strong on the question of Ukraine. I had the privilege of visiting Ukraine about a year ago in the aftermath of the initial invasions, particularly towards Kyiv, and meeting people who had fought on the ground there, who had seen that fighting and had suffered directly. It was the first time that I genuinely felt that Ukraine could win this war. I will talk about that matter in a moment. Since then, other parliamentarians have visited Ukraine. It is tremendously important that the leader of our Government visited Ukraine as well and that we have shown our commitment in this regard. Equally, when four Ukrainians MPs came to this Chamber to speak to us, it was an extremely important gesture and an extension of the hand of friendship and solidarity that reflects well on every parliamentarian in this country. We have proud record in that regard.

My comments will differ from those of Senator Mullen. I wish to express my awe at how he managed to shoehorn into this debate a speech on the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill, which is unrelated. We will have time to discuss that legislation at a later date.

It is not the case that the media are not covering it. I was on the radio to address this yesterday and will be on the radio tomorrow morning too. That is a different issue.

Senator Rónán Mullen

Maybe it is only the other side that is not covering it.

Senator Barry Ward

Maybe it is. On each occasion, there has been somebody with misguided opinions on the other side. The point I want to make about this debate is that recommendation 2245, which is contained in paragraph 8.1, calls on the heads of state and government of the Council of Europe to, "affirm their unwavering support for the sovereignty, independence and territorial integrity of Ukraine within its internationally recognised borders and stand in solidarity with Ukraine and Ukrainians". The reason I have picked that sentence in particular is that a reference was made to how we should have welcomed interventions from certain people in this debate. The difficulty that arises is that those interventions call for peace talks and ceasefire talks. On the face of it, that sounds reasonable. We all want peace and for the fighting, killing and bloodshed to stop, but we also must look at the consequences of that.

The invasion of Ukraine did not start in February 2022. It started in 2014 with the annexation of Crimea and the sham referendums in cities like Yalta and Sevastopol, which established some kind of quasi-legitimacy, in Russian eyes only, because nobody else was fooled by it, for a Russian takeover of Crimea. The latter is located within the internationally recognised borders of Ukraine. It was the first part of Ukraine to be taken over by Russia, albeit in a relatively bloodless way compared with what happened last year. The fighting continued and, in the second wave, Russia attacked on 24 February last year, thus beginning a brutal, bloody and illegal war in Ukraine to further its goal of taking over that country. The difficulty with proposals for peace talks at this stage is that they consolidate the Russian position. They say that everybody is to lay down their weapons and stop where they are. When that happens, we are faced with a situation where Russia is already illegally occupying large parts of Ukraine. The difficulty with proposing that we consolidate that position is that it offends the rule of law.

When I said that I visited Kyiv and spoke to parliamentarians there who talked about winning the war, I am genuinely convinced that they have the capacity to do it in a way that none of us understood prior to their fightback against the Russian army. The difficulty for us is defining what winning means. Does it mean going back to the borders from 24 February of last year or to the internationally recognised, legitimate borders of Ukraine that existed in 2014? The answer is to go back to 2014. How does one do that? Russia has comprehensively planted or colonised the Crimean section of Ukraine as it is, so even for the most optimistic scenarios for Ukraine, taking back that land means displacing all those Russian citizens who have been planted into that territory by Russia, nefariously, in no uncertain terms, with the goal of making it almost impossible for Ukraine to take it back. If Ukraine marches into Sevastopol, Yalta or wherever it might be in Crimea and displaces those Russian citizens, it will do so in contravention of international law. That creates a major difficulty.

This is where the Council of Europe has real power, as an international organisation representing 46 countries, and not Russia, which has been expelled, to say that we do not accept those borders or that annexation, and that we recognise that Russia's actions, with every step, shot fired and blow struck, have been illegal and unjustified. That is where we must go. We must not compromise. We must not sell our Ukrainian colleagues down the river in order to get a badge for successfully promoting peace talks, which means nothing if they do not recognise the international laws that have been broken, the rights of the Ukrainian state and the borders of the Ukrainian state, which were long-established before Russia, with its avarice, decided it was going to take them. That is where the strength of the Council of Europe comes in.

I will conclude with this, which is maybe not directly related to the report.

Senator Rónán Mullen

Is Senator Ward going to shoehorn now?

Senator Barry Ward

Watch me shoehorn, although I will not do it not quite as comprehensively as Senator Mullen does. One thing that came through from this is that Ambassador O'Reilly, who is based in Strasbourg, did enormous work. He did not have a permanent team of Irish diplomats on the ground in Reykjavik. We do not have an embassy in Reykjavik. That is a shame. There are not that many independent nation-state islands off the west of Europe that are part of the European Economic Area. Iceland is one. It is a close neighbour and a historical ally of Ireland.

Senator Paul Gavan

Good point.

Senator Barry Ward

While it is slightly out of context, while I know we have diplomatic relations from Norway, I ask the Minister of State if we could further the establishment of an independent embassy in Reykjavik.

Senator Rónán Mullen

It was a good shoehorn in fairness. It was a stiletto.

An Leas-Chathaoirleach

The Minister might appoint Senator Mullen as the ambassador.

Senator Pauline O'Reilly

The Minister of State, Deputy Peter Burke, is very welcome. First, I put on record my thanks to Senator O'Loughlin and the full team for their work in putting together this report. Human beings have a tendency during times of relative peace to forget that our democracy is constantly under threat but now, across Europe, we cannot forget that. It is very much in our face. That is why it is really important to have the summit at this time.

The Council of Europe continues to do its work, regardless. Having this rights-based focus, that is constantly observing democracy is hugely important. Some of the greatest contributions to the European Union have come from the Council of Europe. I refer to the establishment of the European Court of Human Rights, the European Convention on Human Rights, and what I will speak about shortly, which is environmental protection as well. It is quite right to say the very foundation of the Council of Europe was about democracy, but that has broadened over time as that is not the only threat we face. One of the greatest threats we face is a threat to the environment.

It is important to point out that the Irish Council for Civil Liberties has said it is not about just the decisions made, but it is also about the implementation. That is where we come to Russia, Türkiye, and a lot of other countries that are adding to our concern around the rule of law and the lack of implementation of decisions that come from the court. When it comes to the environment, I wish to point out, for those who are not aware, that this year the Swiss Senior Women for Climate Protection made history with the first ever climate case to be heard before the European Court of Human Rights. This is a real stepping up of Europe, but it is also asking us in our individual countries to step up too. One of the areas of which we could take note is education. I very much respect all my colleagues, but I think it is fair to say the environment does not get mentioned a hell of a lot when we talk about the Council of Europe and what is going on in Europe generally, even though it is the greatest threat facing us. We need to talk about education. It was a recommendation from the Council of Europe that we have education for sustainable development. It is encouraging member states to incorporate that into their education systems because it is only by educating us that we can come to the table as legislators and policymakers after we leave school and put environment front and centre.

I very much welcome the Minister for Education’s announcement that climate action and sustainable development as a new subject will be ready for fifth year students in some schools. It is a pilot, but it is a positive first step. We need to see it introduced as a junior certificate subject across the board and in primary schools because it is the greatest problem facing our children and they must be ready for the world in which they are growing up. I think we are going to see more and more of the work of the Council of Europe focused in this area. Of course, when it comes to peace and Ukraine, that is a central focus for us, but let us not forget the other things that are central to us as human beings, namely, our very survival. I ask the Minister of State and the representatives who go to the Council of Europe to bring up this on every possible occasion because it is our obligation, and it is central to the work of the council. I ask for it to be brought to Reykjavik as well.

Senator Paul Gavan

The Minister of State, Deputy Peter Burke, is very welcome. I begin by acknowledging that this summit does represent something very significant. As someone said earlier, it is the first one in 18 years. It represents a real triumph for both Ireland and Iceland in particular. The way both governments have worked really positively must be acknowledged today. It is very important that the summit is taking place.

I pay tribute in particular to Senator O’Loughlin, who has worked very diligently and played a leading role in regard to this. That must be acknowledged.

I also recognise the rest of the PACE team, in particular Senator Joe O'Reilly, who has been on the team for about 15 years at this point. He has been a consistently strong performer. It is important to acknowledge his work in particular but the work of all of the team in recent years.

I want to make a few points in the short time I have. The first and most obvious one is that when these governments come together for the summit, they must address the vital lack of resources. It is absolutely shocking that right now the total budget for the Council of Europe is equivalent to one day’s budget in the European Union. That is the level of underspend and underinvestment in our human rights bodies. That is shocking. It is something that has been called out as well by the Irish Council of Civil Liberties, which drew my attention to the Hague Civil Society Declaration on Council of Europe reform. I hope the Government has paid attention to this document, which has ten very clear points and I do not think any of us would disagree with any of them. They relate to strengthening the Council of Europe and its resources, and working on the implementation of judgments. We have a massive problem in the Council of Europe. The number of unimplemented judgments increased by 1,000 in the past two years. It is the same small set of countries that are responsible in the main for those. I know there are proposals here for political dialogue to try to deal with that, which is very welcome, but we must make sure the resources are in place. I hope the Government will take a particularly strong lead in that regard.

The second point is one of fundamental importance. I refer to the call in Senator O'Loughlin's report for the whole assembly to unanimously adopt new environmental rights. It is essential to take the lead and for the Council of Europe to establish environmental protection as a right while redirecting the commitment to reduce global greenhouse gas emissions to limit the global temperature in line with the Paris Agreement and to guarantee the right to a clean, healthy and sustainable environment in line with assembly resolution 2396 of 2022. The Minister of State referred to this in his speech. I do not suggest he does not back this, but Senator O’Loughlin made a very clear call in her speech that every government would get behind it. I hope the Minister of State can provide simple clarity that the Government will fully support the call for the new environmental rights to be incorporated into the Council of Europe. That is essential. I do not think future generations would ever forgive us if we did not take that tack and take a really strong line on it.

Third, there is a very important recommendation on ensuring the European Union accession to the European Convention on Human Rights. Right now, European institutions are not accountable to the European Court of Human Rights. That is a fundamental problem. We know how that problem is manifesting itself at the moment. We have the pushing back of human beings right across a whole host of countries in Europe, and mass drownings continuing in the Mediterranean Sea. It is unacceptable. Unfortunately, we know the EU institutions-----

Senator Barry Ward

Will the Senator accept a point?

Senator Paul Gavan

Of course.

Senator Barry Ward

I just think it is unreasonable to suggest that the lack of procedural accountability of European Union institutions to the European Court of Human Rights has drownings as a direct consequence. There is a narrative that has been propagated by Senator Gavan’s colleague in the European Parliament that somehow that is the fault of the European Union. It is not, and it is irresponsible to suggest it.

Senator Paul Gavan

To counter that point, it is an unfortunate fact, which is on the record that Fine Gael MEPs are voting-----

Senator Barry Ward

This is exactly the narrative. It is absolute nonsense.

Senator Paul Gavan

I have the right to respond.

An Leas-Chathaoirleach

Senator Gavan should be allowed to speak without interruption.

Senator Paul Gavan

Thank you, a Leas-Chathaoirligh. Fine Gael MEPs voted against extending missions to save lives in the Mediterranean. That is a fact that is on the record. It is a shameful fact.

I want to get back to my speech. The point on accession is very important. These negotiations have gone on for more than a decade at this point. I want EU institutions to be accountable. We should all want EU institutions to be accountable to the European Court of Human Rights.

One of the things that strikes me whenever we attend PACE is that a lot of good people say a lot of good things, but there is a gap between what representatives say and then what our governments implement in reality. We hear nonsense about illegal asylum applicants. There is no such thing as an “illegal asylum applicant”. Right now, unfortunately, the European Union is heading towards a “fortress Europe”. That is the reality, and that goes against the European values that are at the heart of the Council of Europe.

It is important that this summit is given a chance. One concern I had was that some delegates from other countries were talking about organising the next summit, which would actually undermine the importance of this summit that all of us have worked so hard to achieve. Again, I pay particular tribute to Senator O'Loughlin in that regard. Let us focus on getting this summit to deliver fundamental change and a fundamental expansion in rights and protections, a fundamental expansion of resources and a fundamental expansion of will and determination to ensure that we strengthen the court. Síofra O'Leary said something very simple in her speech. She said that unimplemented judgments undermine the convention. At the heart of this summit has to be a new determination to ensure resources and new methods are there to really hold countries to account, and the five or six countries that are responsible for the 70% of unimplemented judgments, in particular.

Senator Alice-Mary Higgins

I will be very brief. I want to speak in support of the planned declaration in Reykjavik, and I thank the delegates to the Council of Europe for their work. I know that Senator O'Loughlin and others have really contributed to bringing us to this point. I also want to highlight that civil society and civil society freedom and contributions are more important than ever, given that we have seen the suppression of civil society across the world. We can cite many examples of that from Türkiye to Georgia to elsewhere. In recognising the representative politics that we perform and do is part of democratic and functioning society, we must also note that civil society also has a huge and crucial role in that regard.

I welcome some of the points made in the declaration. It talks about the expansion of the application of the European Convention of Human Rights, ECHR. I hope that Ireland will not just support the declaration in principle, but will follow through on it. The declaration also mentions the triple crisis in climate and biodiversity. Previously, I expressed my disappointment when we saw Ireland challenging the right to a healthy environment as part of the ECHR. What we are seeing here, in the declaration, is that idea of a vision of moving forward on the ECHR and in terms of the rights, voice and tools that civil society should have rightly in order to drive progress across all our countries.

I also note - and we will be raising the issue next week - that one aspect of civil society freedom that is important is ensuring that we do not have inadvertently chilling effects in respect of contributions to policy and advocacy. We have had that with the ambiguity around the phrase "political purposes". That has been highlighted by SIPO and has acted as a chilling effect in civil society's engagement and contribution on policy issues. Similarly, we have also seen lawsuits being taken against civil society in relation to humanitarian action, as has been described, and a narrowing of that scope.

I think the Reykjavik Summit is a really welcome opportunity. I agree that it should not be about organising the next summit. It should be where we have a declaration and move forward. I urge that after the Reykjavik Summit, we have a discussion in which we look at what we can do in Ireland to reflect that renewed and heightened level of ambition. I would welcome a further opportunity, after the summit, to talk about what I hope will be the declaration that may emerge from that, which I hope Ireland will have supported fully, and what that might mean for us and how we can perhaps lead by example in how we implement the principles that are agreed at the summit.

Senator Lisa Chambers

On behalf of the Fianna Fáil grouping, I welcome these statements today. I congratulate my party colleague, Senator O'Loughlin on her report for the Reykjavik Summit which sets out the Parliamentary Assembly of the Council of Europe's proposals for the summit. I also commend the work of other colleagues who have sat on that as well, Senator Joe O'Reilly, Senator Gavan and Senator Garvey. I commend them on their work. I have seen, over the past 12 months, the level of engagement and work that has been undertaken by those Senators in terms of travel, reading, putting documents together and preparing for meetings. There has been a considerable amount of work done to get to where we are today, and to produce the report we are discussing. I commend them on their work which has perhaps gone a little bit unnoticed outside of the bubble. Today gives us the opportunity to platform the work that has been done by our colleagues cross-party and, in particular, our Chair, Senator O'Loughlin.

It has been interesting to listen to the contributions. I am quite struck by the length of time that has elapsed between the upcoming summit and the last one, which is 18 years. It is a considerable period of time and it is long overdue that the Council of Europe would hold the summit. I am struck by the comments of the Minister of State, who spoke about the establishment of the Council of Europe and Ireland being there at the beginning, and the founding values of democracy, human rights and the rule of law, which we still hold dear today. However, very often it can become quite high level and as with many things, once you become accustomed to the values and they are broadly left untouched, you almost forget about them and become complacent. There is no doubt that the aggressive war by Russia against the Ukrainian people and the state has really brought those issues to the fore. It has allowed us time to reflect on their importance, and also their fragility, and the need to protect them and to reiterate our support and our stance that we still hold those values very dear, even in a new modern Europe facing consistent challenges, including migration, climate change and war. We still want to maintain those values and protect them. We want, and are willing, to work with like-minded allies, member states and countries beyond the European Union. We still want to work together to uphold those values.

Obviously, the focus of the summit is very much on the war in Ukraine. There is a lot to discuss there. There is a focus on support for Ukraine and the Ukrainian people and on our condemnation of the actions of Russia. We will also talk about the impact on all of us - on all member states and beyond - of that war. It has been referenced by other speakers in terms of inflation, pressures on food supply and the mass migration of people. There are some 80,000 residing here in Ireland, and many of them will make Ireland their permanent home. Reference has been made to the pressure that has put on our systems here, including housing and healthcare, and the integration process that is well under way in communities right across the country. This war has had a profound impact on Ireland and all member states. We will be dealing with it for decades to come, and there will be significant changes across Europe because of it.

The meeting that will take place in Reykjavik points out that Europe has faced extraordinary challenges. I note that there are calls on governments to reaffirm the Council's role as a beacon for human rights, democracy and the rule of law, and as a community of values with a pan-European vocation. There are also calls to show unwavering support for Ukraine and to play an active and leading role in creating an ad hoc tribunal to prosecute crimes of aggression, which is most important, and to strengthen the impact of the Council's work on democracy, including by creating a democracy checklist for states and establishing a Council of Europe commissioner for democracy and rule of law. These are very practical solutions that are implementable, achievable and will have an impact. Very often, politicians and public representatives can be accused of lots of talk and very little action and follow-through. These are practical recommendations that can be implemented, and I certainly hope that they will be.

I agree with the comments made by Senator Higgins about the importance of civil society contributions. I have had contact, as I am sure other Senators have, with the Irish Council of Civil Liberties, ICCL, which has made that point and wanted it to be highlighted here in the debate today. It is important that there is space for all voices when we have these conversations. I reiterate my support for the commissioner for democracy, as articulated very well by Senator O'Loughlin, and the other issues that have been addressed as well. I agree that very interestingly, the whole area of artificial intelligence, AI, is something we are only really starting to see in mainstream debate now. I note that my colleague, Senator Malcolm Byrne, published a very interesting article in the Business Post recently. It is only starting to come into public discourse now, but it is already having a significant impact on people's lives and there are many dangers associated with it.

I will finish on that point. I thank the Minister of State for being here to listen to the debate. I thank my colleagues for their work, and I look forward to the follow-through after the report and the meeting. It is important that we do not just have the meeting and the summit and move on. It is really important that the recommendations are taken seriously, that they are implemented and actioned, and that that is done uniformly across all member states.

Senator Tom Clonan

Curirim fáilte roimh an Aire Stáit.

I echo my fellow Senators' compliments to Senator O'Loughlin for the work done on the report in advance of the Summit of Heads of State and Government at the Council of Europe in Reykjavik in May. The last meeting in 2005 predated the invasion of Georgia by Russia. The geopolitical situation has changed fundamentally in Europe since then. Ukraine has endured a winter offensive from Vladimir Putin, the forces of the Russian Federation and the Wagner mercenary group. The centre of gravity has been around the town of Bakhmut, which is a European town. It would have seemed inconceivable to us only 18 months ago that we would have a conflict of the same scale and proportion as some of the biggest battles of the Second World War. The White House spokesperson on national security stated this week that it is the belief of the US intelligence services that 20,000 Russian troops have been killed in the past two months in and around Bakhmut and that 80,000 suffered severely life-limiting and life-altering injuries. Unfortunately, the chairman of the US Joint Chiefs of Staff, General Mark Milley, has estimated that a similar number of Ukrainian troops have probably been killed and injured, so we are looking at deaths in excess of 40,000 in the first few months of this year, with a further 160,000 seriously injured.

What is going to happen next? The what or how of what is going to happen next is becoming clearer. Over the winter, the Ukrainian military assembled a force of approximately 250 main battle tanks, some Challenger tanks from the UK and Leopard tanks from all over Europe. There is also a promise of tanks from France and the US. The Ukrainians also assembled a force of 1,500 armoured fighting vehicles that will allow them to field the equivalent of two NATO armoured brigades in what will be a spring offensive. We know what the how is but what will happen next in Ukraine? Next week, the temperatures in Bakhmut will rise to about 23°C or 24°C. The town has a temperate, continental climate and summer will come very quickly. We are going to see that Ukrainian offensive in the next few weeks. It has already begun with the destruction of petrol and oil facilities and ammunition depots behind Russian lines. It is likely, in terms of precisely the what, that the Ukrainians will attempt to move on an axis from Kherson through Zaporizhzhia and towards Verdansk on the Sea of Azov in order to cut off Vladimir Putin's land corridor.

The question that remains is what will happen next? I agree with my colleague Senator Ward that Crimea must be returned to the territory of Ukraine and to the control of its people. All of the children and Ukrainian citizens who have been deported and forcibly removed to Russia must be returned, but we have to find ways and means to do that. In addition to defending our values - and I echo what Senator O'Loughlin said - I hope that this summit reaffirms that the Council of Europe is a beacon for human rights and a community of values in Europe because that is what our Ukrainian brothers and sisters are fighting for. We grew up in a time when Soviet troops and Warsaw Pact troops were all over Europe, in almost every single capital in eastern and central Europe, with nuclear missiles pointed at cities like London, Paris and New York. We did not frame our neutrality in that context, so I hope that when we attend the Reykjavik summit, we will do so in the full spirit of a neutral State, proposing alternative ways and means to bring this conflict to an end and to bring about, as Senator Ward described it, a just peace. We must remember that what brought down the Berlin Wall and what expelled the Soviet Union and its forces from central and eastern Europe was economic prosperity. In addition to the Council of Europe being a beacon for our values, the European Union has been one of the longest and most successful peace processes in European and world history. We have to bring that to the table and state our aspirations very clearly and I hope Ireland gives leadership in that regard.

I want to refer briefly to the high-level reflection on chapter E, the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, commonly known as the Istanbul Convention. I hope that we get a really strong statement on that. Approximately 400 million European citizens are impacted by gender-based violence and gender-based discrimination. We have had these problems aired recently in our own jurisdiction. Ireland needs to and ought to take the lead on that.

An Leas-Chathaoirleach

I thank Senator Clonan and all other Senators for their contributions. Before I call on the Minister of State to respond, I want to welcome to the Visitor's Gallery our distinguished colleague and friend from Kosovo, Ambassador Kipiti. He obviously has an ongoing interest in Europe. We hope that Kosovo will be joining Ukraine as a member of the European Union family. I thank the ambassador for taking the time to visit us today for this very important debate.

Minister of State at the Department of Foreign Affairs (Deputy Peter Burke)

I also welcome the Ambassador from Kosovo and thank him for his work.

Last year, we marked the centenary of our State's independence. We understand how difficult the struggle for democracy can be and we also note that what is hard won is often all too easily lost. Like peace, democracy is an act; it is not a state. It is an act in which all Members of this House play an important part every single day, ensuring that our constituents feel that they have a stake in wider society and that democracy is delivering for them. Politically, we all have our differences and whether in the Seanad or the Dáil, we have our disagreements too. Indeed, such debate is an integral part of democracy but diverse as we are, we share much. We are all proud Irish citizens and committed democrats.

This House has always had a special bond with the Council of Europe. Over the decades, many Senators and officials have devoted countless hours to working in Strasbourg. I mentioned earlier the remarkable contribution of Senator Norris, which is historic by any measurement. As a Senator, President Higgins spent many years as a PACE delegate. As his address to the assembly last Autumn attested, his enthusiasm for the work has clearly never waned. The same energy and enthusiasm are evident in the commitment of our current delegation. Over differing time spans, Senator O'Loughlin and her delegation, which includes Senators Gavan, Garvey and Joe O'Reilly, have all contributed to the summit's preparation and, I hope, its success. This work earns our State an international reputation, makes the Council of Europe a better institution and ultimately, makes the Continent a better place.

Politicians rely on their staff. Before concluding, I acknowledge the efforts of a woman who probably knows the road to Strasbourg better than anyone. Ms Eileen Lawlor has been the delegation secretary for some years now and has shepherded countless delegations to Strasbourg and home again. She is out of action for the next few weeks, having undergone knee surgery yesterday, but I have no doubt she will be tuning in to the Reykjavik summit from her recovery bed. She will be back home to welcome the Council of Europe's Conference of Presidents of Parliament to Dublin in September.

Since our Presidency of the Council concluded in November, Irish officials have been working very closely with their Icelandic counterparts to ensure this month's summit leaves lasting change. We have made a particular effort to bolster Council of Europe co-operation with other international organisations. Only last week, the UN General Assembly passed a resolution supporting co-operation with the Council of Europe and reaffirming support for Ukraine and Georgia. Following intensive diplomatic outreaches, Ireland and our Icelandic co-chair were proud that 122 states supported the resolution, with only a handful joining Russia to oppose it. Last week, at our initiation, the Council of Europe secretary general and the Icelandic foreign minister joined the Tánaiste and EU foreign ministers at the Foreign Affairs Council, providing a platform to explain preparations for the summit and to encourage EU states to engage with it. On foot of these efforts, nearly all EU member states have confirmed that they will be represented at the summit at the highest political level, a departure from previous summits and a strong and needed signal of political commitment.

At the invitation of the Icelandic prime minister, the Taoiseach will co-chair a roundtable discussion on stressing the Council of Europe's role in European multilateral architecture. I hope this summit will prove to be an important moment in the history of the Council of Europe and that it will see us emerge with a strengthened council, stronger protections for human rights, a reaffirmation of democratic principles and accountability for Ukraine. Having worked this past year towards delivering the summit, the work on delivering it begins the day after. Of democracy, John F. Kennedy said that it is never a final achievement but a call to untiring effort. Whether in this House or in Strasbourg, it is through Senators' untiring efforts that our citizens' voices are heard and, day by day, our democracy is renewed.

An Cathaoirleach

I thank Members for their contributions.

Cuireadh an Seanad ar fionraí ar 5.21 p.m. agus cuireadh tús leis arís ar 5.34 p.m.

Sitting suspended at 5.21 p.m. and resumed at 5.34 p.m.