Dáil Éireann Debate, Wednesday - 17 November 2004
256 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if Ireland is a signatory to the international covenant on migrants’ rights; the requirement it must meet to fulfil its commitment thereunder; if Ireland is not a signatory, the reason therefor; and if he will make a statement on the matter. [28850/04]
View answerIreland is not a signatory to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The convention was adopted by the UN General Assembly in December 1990 and it entered into force on 1 July 2003, following ratification by the requisite number of states, that is, 20. The convention on migrant workers has been open for signature and ratification since December 1990 but, to date, only 27 states have ratified it. No European Union member state has as yet signed or ratified the convention, nor has any indicated an intention to do so.
Where Ireland wishes to ratify an international instrument, the Government must first ensure that our domestic law is in conformity with the agreement in question. The Government must, therefore, make any necessary legislative changes, or be satisfied that none is required, before ratification takes place. As signature of an instrument is an indication of an intention to ratify it, the Government would consequently also have to have a firm intention to ratify, and be taking steps to do so, before signing an international instrument.
The convention on the rights of migrant workers has been examined by my Department. It would appear that in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing employment, social welfare provision, education, taxation and electoral law. These changes would also have implications for our relations with our EU partners, none of whom has signed or ratified the convention, and possibly for the operation of the common travel area between Ireland and the UK. There are no plans at present to introduce the changes in the areas above which would be necessary before Ireland could ratify or consider signing the convention.
Moreover, the convention on the rights of migrant workers has not acquired universal recognition as a standard for the protection of the human rights of migrant workers. It should also be noted that the rights of migrant workers and their families are already comprehensively protected under existing national legislation and under the Irish Constitution. In addition, the rights of migrant workers and their families are addressed by Ireland's commitments under international human rights instruments to which the State is already a party. These international instruments include, for example, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
