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Wednesday, 20 Feb 2013

Written Answers Nos. 15 - 23

Human Rights Issues

Questions (15)

Sandra McLellan

Question:

15. Deputy Sandra McLellan asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the decision by the Moroccan authorities to place 23 Saharawi civilians and human rights activists on trial before a military court on 1 February 2013; and if he will raise this human rights issue with the Moroccan ambassador. [8843/13]

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Written answers

On 8th November 2010, violence broke out when Moroccan security forces tried to remove people from Gdim Izik, a camp on the outskirts of Laayoune in the Moroccan-administered Western Sahara region. The camp had been set up by Sahrawi people protesting against their perceived marginalisation, and demanding jobs and adequate housing. According to reports, eleven members of the security forces and two Sahrawis were killed during the violence. Over 200 Sahrawis were subsequently arrested by Moroccan security forces, of which most were released but 25 were put on trial before the military court in Rabat as a result of their involvement. On Sunday 17th February, the military court handed down nine life sentences and sentenced 14 other defendants to between 20-30 years imprisonment each. Two other defendants were released. It is believed the verdicts will now be appealed to the Moroccan Court of Cassation.

The accused have already spent two years in pre-trial detention prison and there have been allegations of torture during their imprisonment. Concerns have also been expressed regarding the fact that the defendants have been tried in a military rather than a civilian court. The UN Committee against Torture and the UN Special Rapporteur on Torture has sought to investigate and report on the situation.

I share the concern regarding this case and my officials will continue to closely monitor the situation and the process regarding the appeal of the sentences. The Government will continue to raise concerns about human rights abuses in Western Sahara, in particular reports of the arbitrary arrest, detention and mistreatment of human rights defenders, with Morocco in our ongoing bilateral dialogue.

Foreign Conflicts

Questions (16, 39, 40, 85)

Robert Troy

Question:

16. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the decisions made at the recent EU Foreign Affairs Council meeting in relation to Syria; and if he will make a statement on the matter. [8943/13]

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Bernard Durkan

Question:

39. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent of any progress made through the aegis of the EU or UN towards achieving some consensus on the situation in Syria with particular reference to achieving a common approach with the objective of a cessation of hostilities and some provision to alleviate the hardship and human rights abuses arising from the war; and if he will make a statement on the matter. [8912/13]

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Willie O'Dea

Question:

40. Deputy Willie O'Dea asked the Tánaiste and Minister for Foreign Affairs and Trade the additional steps he and his EU counterparts have taken to address the Syrian conflict; and if he will make a statement on the matter. [8921/13]

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Bernard Durkan

Question:

85. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the steps the international community continue to make to bring about a resolution to the conflict in Syria; and if he will make a statement on the matter. [9274/13]

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Written answers

I propose to take Questions Nos. 16, 39, 40 and 85 together.

Syria was the major issue discussed at the Foreign Affairs Council meeting in Brussels on 18 February, which I attended. The focus was very much on the most appropriate steps for the EU to take in support of ongoing efforts to achieve a peaceful resolution to the conflict.

Against the background of escalating fighting between the Syrian army and opposition groups, and with no military resolution in sight, it is increasingly evident that a negotiated solution is the only realistic option to bring about an end to the appalling violence (which has so far cost more than 60,000 lives) and to start a genuine process of political transition. The Council made clear, in its Conclusions this week, that the EU welcomes and supports all efforts to bring a peaceful solution to the violence in Syria.

These objectives are central to the mission of the UN/Arab League Joint Special Representative, Lakhdar Brahimi. The Council reiterated its full support for Mr. Brahimi’s efforts and also welcomed the offer made to the Syrian authorities by the President of the National Syrian Coalition, Dr Al Khatib, to start a political dialogue leading to a peaceful transition.

The Council devoted considerable attention to reviewing the current EU sanctions which apply against Syria. These sanctions remain essential in order to maintain strong pressure upon the Syrian authorities to stop its campaign of repression and violence against the Syrian people. I welcome the fact that the Council was able to agree on renewing the full range of existing sanctions for a further period of three months.

Accountability remains very important, in the context of the many war crimes and human rights violations that have been committed by all sides during the conflict. Ireland has been to the fore within the EU in supporting calls for the situation in Syria to be referred by the UN Security Council to the International Criminal Court. The Council has issued a clear call on the UN Security Council to urgently address the situation in Syria in all its aspects, including on a possible referral to the International Criminal Court.

The role of the UN also remains key in coordinating international relief efforts to address the rapidly deteriorating humanitarian situation arising from the conflict. Ireland was represented at the highly successful high-level pledging conference on Syria chaired by UN Secretary General Ban Ki-moon in Kuwait on 30 January at which in excess of US$1.5 billion was raised to support ongoing international relief efforts. My colleague the Minister of State for Trade and Development, Mr Joe Costello T.D., announced additional emergency assistance of €4.7 million at the conference, bringing total Irish aid to Syria in the past year to €7.1 million.

The Council, at its meeting last Monday, explicitly reaffirmed the leading role of the UN in providing assistance to Syria as well as to those neighbouring countries who are so generously hosting the estimated 800,000 refugees from this conflict.

The conflict in Syria will remain a major priority for Ireland at all levels of our international engagement and we will certainly use whatever influence we have in our current EU Presidency role to support and promote European and UN efforts and initiatives towards a peaceful resolution of the conflict.

Humanitarian Aid

Questions (17, 22)

Caoimhghín Ó Caoláin

Question:

17. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Foreign Affairs and Trade if he will detail the projects and programmes that will receive funding from his recent decision to approve an additional €4.7 million of Irish Aid money to the humanitarian crisis in Syria. [8847/13]

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Niall Collins

Question:

22. Deputy Niall Collins asked the Tánaiste and Minister for Foreign Affairs and Trade the additional humanitarian support he plans to provide to refugees from the Syrian civil war; and if he will make a statement on the matter. [8916/13]

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Written answers

I propose to take Questions Nos. 17 and 22 together.

The situation in Syria continues to deteriorate, causing further suffering for Syrians and others caught up in this terrible violence. An excess of 60,000 people are now estimated to have been killed as a result of the almost two year old conflict, which has witnessed indiscriminate targeting of civilians and residential areas, as well as humanitarian and medical organisations. With more than 820,000 individuals having fled the desperate situation in the country, the majority of whom are women and children, neighbouring countries have shown great generosity but also endured great strain in hosting those in need.

At the High Level Donor Pledging Conference for Syria in Kuwait City on 30 January 2013, I announced, on behalf of Ireland, a pledge of €4.7 million towards the humanitarian response in Syria and neighbouring countries, particularly Jordan, Lebanon and Turkey. This substantial contribution has further illustrated Ireland’s clear commitment to meeting the urgent needs of those affected by the ongoing conflict. As early as March 2012, the Government commenced providing emergency assistance through partner agencies on the ground, and to date, our total contribution now stands at €7,100,000.

As part of the most recent pledge the Government has donated €1million to the International Committee of the Red Cross. This is in recognition of the key role the organisation plays in reaching those in desperate need of vital humanitarian assistance within Syria. We will also make €1 million available to the UNHCR, which is leading on the Syrian Regional Response Plan, to meet the needs of the dramatically increasing numbers of refugees across the region. A further €750,000 in Irish support is going to the World Food Programme which is currently reaching approximately 1.5 million people each month with emergency food assistance in all of Syria’s 14 governorates. The pledge also includes €750,000 in assistance to UNICEF towards an improved protection environment for the children affected by the conflict and for their greater access to basic health and education services.

In order to help address the needs of Palestinian refugees, including through cash and food assistance, emergency shelter rehabilitation, emergency health, education and the provision of winter supplies, a contribution of €500,000 has been pledged to UNRWA. Finally, funding of €500,000 to the Syria Emergency Response Fund will enable both UN agencies and international and local NGOs to expand their reach to assist those in the worse affected areas. This significant financial contribution from the Irish people was supplemented by the donation to Goal of non-food items from our stocks in Dubai through our Rapid Response Initiative to the value of €200,000.

Into the future we will continue to monitor the situation so that we can review the effectiveness of our contribution and assess how, within our means, we may be able to further respond to humanitarian needs within the region. As Presidency of the European Union, Ireland is striving to build momentum behind international efforts to ease the terrible humanitarian burden the Syrian people face, emphasising the need for all parties to the conflict to facilitate humanitarian access and aid delivery to the people in need, to ensure the neutrality of humanitarian aid and to abide by International Humanitarian Law. I remain committed to using the EU Presidency to call on all donors to fulfil pledges made, in coordination with the UN and in full respect of humanitarian principles so that the worst effects of the deplorable violence in this conflict can be abated.

Overseas Development Aid Provision

Questions (18)

Dara Calleary

Question:

18. Deputy Dara Calleary asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the total funding allocated at EU level for development programmes arising from the recent conclusion of discussions on the Multi-Annual Financial Framework; and if he will make a statement on the matter. [8944/13]

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Written answers

On 8 February the European Council reached an agreement on the EU Budget Multiannual Financial Framework 2014-2010. Whilst Ireland could have supported a higher level of overall resources, I believe that the deal reached at the European Council on the MFF is a balanced one which recognises the financial realities facing Member States. As Presidency, Ireland will now take on new responsibilities on gaining the assent of the European Parliament to the Regulation.

The agreement reached will see the overall budget fixed at €960bn. Within that figure, provision for Global Europe (Heading 4), from which development funding is drawn, is to increase by 3.3% (to €58.704bn) as compared to the previous budget.At least 90% of EU overall external assistance over the 2014-2020 period will be counted as official development assistance.

The European Council also agreed to increase the European Development Fund by 0.6% (to €26.984 billion) and to raise the maximum annual amount of the Emergency Aid Reserve by 15.5% (to €280 million), both outside the MFF structure. So overall, each instrument used to support development will increase under the new budget.

In the MFF negotiations, Ireland sought to ensure that a fair proportion of the EU budget would be allocated to development assistance. The decision to increase EU funding for external relations is a positive outcome, particularly in the context of the economic constraints across the EU, and demonstrates the commitment of the EU and the Member States to continue playing a leadership role, to engage effectively when humanitarian crises emerge and to target extreme poverty and hunger.

The agreement reached on 8 February ensures that the EU and its Member States will collectively remain the largest provider of development assistance in the world, providing over 55% of global ODA.

Middle East Peace Process

Questions (19)

Michael P. Kitt

Question:

19. Deputy Michael P. Kitt asked the Tánaiste and Minister for Foreign Affairs and Trade if he has discussed with his EU counterparts fresh plans to provide a much needed and new impetus to the Israel-Palestine peace process in view of last month’s general election in Israel; and if he will make a statement on the matter. [8941/13]

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Written answers

I agree entirely that a renewed impetus is badly needed in the Middle East Peace Process. As I have told the House on previous occasions, I have argued consistently at EU level that the talks process has been effectively stalled since 2009, while the feasibility of a negotiated solution is being steadily eroded by negative Israeli policies on the ground. In the Foreign Affairs Council in December, and particularly at Monday’s meeting of the FAC in Brussels, I discussed with my EU colleagues the prospects, in the context of recent developments, for restarting the talks process, and how the EU can best assist this.

The re-election of President Obama and the recent election in Israel, create a possible opportunity to break the stalemate. The incoming US Secretary Kerry has expressed a strong wish to make a renewed effort in the Middle East, and President Obama’s subsequent decision to visit Israel shortly may provide a favourable context for these efforts. At the same time, the election in Israel on 22 January has considerably shaken up the composition of the Knesset, with many and complex implications for the policy of the new Government.

The composition and policies of the new Israeli Government are not yet known, and many meetings, discussions and high level visits have yet to take place, but I hope very much that the conditions can be established for real negotiations towards a comprehensive peace agreement. The EU will do everything it can to support this process, working both with the United States, the other Quartet partners, and the parties in the region. The most important necessity, as before, is for a positive disposition on all sides and, in particular, an Israeli Government that can see and reach out for the opportunity that still exists.

Northern Ireland Issues

Questions (20)

Dara Calleary

Question:

20. Deputy Dara Calleary asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the progress that he has made with the Secretary of State for Northern Ireland and the Northern Ireland Executive regarding the urgent need to deal with recent sectarian violence; and if he will make a statement on the matter. [8915/13]

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Written answers

Since the outbreak of street violence in early December, I have had frequent contact, both with the British Government and with party leaders. My most recent meeting with Secretary of State for Northern Ireland Theresa Villiers MP was here in Dublin on Monday 11 February. We agreed to continue working together to support the parties in Northern Ireland in addressing both the underlying and immediate causes of the deplorable violence seen in recent months on the streets of Belfast and elsewhere in Northern Ireland.

While the situation has been calmer in recent weeks, we remain fully engaged as Governments in our support of the work of the First Minister and Deputy First Minister and are united in our view, in the context of forthcoming parades, that the Parades Commission’s determinations must be respected. Dialogue between parade participants and resident communities continues to be the most effective way to prevent outbreaks of violence.

On 17 January 2013, together with the Secretary of State and her colleague Minister of State Mike Penning MP, I met with First Minister Peter Robinson MLA and deputy First Minister Martin McGuinness MLA.

At that meeting, we reviewed the situation following the recent flags controversy across the three dimensions of public order, political leadership and rebuilding Northern Ireland’s reputation. We emphasised the need for protests to stop as well as our support for the PSNI who have been at the frontline in dealing with the violent incidents unfortunately associated with some of the protests. The Secretary of State and I encouraged the First Minister and deputy First Minister to work with other Party Leaders in Northern Ireland to move on from the current controversy towards building a shared, cohesive and integrated society. We also offered to work with the Northern Ireland Executive to ensure that the good work done by the Executive and others on attracting inward investment and tourists to Northern Ireland is not put at risk.

The persistence of sectarianism in Northern Ireland, with the absence of political agreement on how to make progress towards a truly reconciled society, contributes to the likelihood of incidents such as those we have witnessed in recent weeks. This crisis will not be resolved other than by a cross-party, cross-community response. In my view therefore, there is no substitute for the party leaders agreeing on a framework for talks to address the issues that have arisen in relation to flags and symbols. These are political issues that require a political solution. The sooner the framework is agreed the better. In the meantime, there has been very welcome progress in securing practical support for ongoing programmes to address sectarianism in Northern Ireland, in particular the agreement on a new EU Peace Programme (PEACE IV) with funding of €150m secured.

Looking forward, the focus of political leadership in Northern Ireland should be on maintaining and creating jobs through economic recovery, in which inward investment and tourism play such a crucial role. The Government are ready to support the Executive and political leadership in Northern Ireland in whatever way we can.

Shannon Airport Facilities

Questions (21, 55, 64, 70)

Clare Daly

Question:

21. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the Globalising Torture Report regarding the use of Shannon Airport by the US CIA for extraordinary rendition flights; his further views on the information provided in the past by the US authorities on their use of Shannon Airport; and the actions, if any, he will take on foot of the report. [8879/13]

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Mick Wallace

Question:

55. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the recently published report entitled Globalising Torture: CIA Secret Detention and Extraordinary Rendition; and if he will make a statement on the matter. [8953/13]

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John Halligan

Question:

64. Deputy John Halligan asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the report from the Open Society Justice Initiative titled Globalising Torture: CIA Secret Detention and Extraordinary Rendition (details supplied), and the use of Shannon Airport by the US CIA for flights of extraordinary rendition; his plans, if any, to investigate the matter on foot of the report; and if he will make a statement on the matter. [8963/13]

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Richard Boyd Barrett

Question:

70. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the report from the Open Society Justice Initiative titled Globalising Torture: CIA Secret Detention and Extraordinary Rendition (details supplied), and the use of Shannon Airport by the US CIA for flights of extraordinary rendition; his plans, if any, to investigate the matter on foot of the report; and if he will make a statement on the matter. [8962/13]

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Written answers

I propose to take Questions Nos. 21, 55, 64 and 70 together.

The issue of extraordinary rendition has been raised on numerous occasions in this House. I have regularly stated that the Government is completely opposed to this practice and, furthermore, that Ireland does not tolerate and will not tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detention of any individual. This is clearly reflected in the Programme for Government, which states that this Government “will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law”.

The Open Society Justice Initiative report, CIA Secret Detention and Extraordinary Rendition, is a compilation of existing material on this subject. It does not contain any new information, or make any new allegations, in respect of Ireland.

Immediately following the first reports which suggested that the US was carrying out extraordinary rendition in order to transit prisoners, the then Government demanded and received specific assurances from the US authorities that such prisoners had not been transferred through Irish territory, nor would they be, without our permission. I am satisfied with these assurances, which were confirmed at the highest political level. They are of a clear and categoric nature, relating to facts and circumstances within the full control of the United States Government.

The permission of the Irish Government must be sought and obtained for the transport of prisoners through Irish airports. I made it clear in this House on 22 May 2012 that “under no circumstances will we grant permission for the transport of prisoners who are subject to extraordinary rendition”.

It is likely that a small number of commercially leased aircraft which have been involved in legitimate commercial activities have also been involved at various times in activities relating to extraordinary renditions. However, there is no evidence to suggest that any of these aircraft were carrying prisoners at any time when they transited through Irish airports, including Shannon Airport.

Deputies Boyd Barrett and Halligan have called for an investigation into the use of that airport by planes involved in illegal activity. Where allegations have been made, including by members of the Oireachtas, these have been fully investigated by senior officers of An Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest that any person subject to extraordinary rendition has transited an Irish airport during this process, this evidence should be made available to An Garda Síochána, so that an investigation can take place.

Question No. 22 answered with Question No. 17.

Undocumented Irish in the USA

Questions (23, 27, 47, 48, 54)

Seán Crowe

Question:

23. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the recent hearings in the American Senate on comprehensive immigration reform; if he has discussed this with the American Administration; and his views if it could have a positive effect on the status of the undocumented Irish living in America. [8850/13]

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Denis Naughten

Question:

27. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade the progress made to date on the introduction of an E3 visa with the US; and if he will make a statement on the matter. [8862/13]

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Joe McHugh

Question:

47. Deputy Joe McHugh asked the Tánaiste and Minister for Foreign Affairs and Trade his strategy for securing immigration resolution for Irish citizens who live without documentation in the USA. [8736/13]

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Michael Moynihan

Question:

48. Deputy Michael Moynihan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has raised the status of the undocumented Irish with regard to immigration reform in the USA; and if he will make a statement on the matter. [8939/13]

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Denis Naughten

Question:

54. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade if he will comment on US plans for comprehensive immigration reform; and if he will make a statement on the matter. [8861/13]

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Written answers

I propose to take Questions Nos. 23, 27, 47, 48 and 54 together.

The welfare of the Irish abroad in general and especially the position of undocumented Irish immigrants in the United States remains an important priority for the Government. A resolution of the situation for undocumented Irish immigrants will continue to be pursued by the Government in our ongoing contacts with the US Administration and Congress.

The advice of Ireland’s friends and contacts within the US Administration and Congress has long been that comprehensive reform of the US immigration system and procedures is likely to be the only manner by which such a resolution can be achieved. The prospects for such reform would appear to have advanced in the wake of President Obama’s re-election. The emphasis he placed on immigration reform in his inauguration address as well as his subsequent speech on the issue on 29 January and his State of the Union address on 12 February sent a very positive signal in this regard. The indications of emerging bipartisan support for reform in Congress is also encouraging.

Through our Embassy in Washington and in close liaison with Irish-American community representatives, our contacts with the US Administration and Congress continue with a view to ensuring that the interests and concerns of undocumented Irish immigrants are captured in any future legislative deal in this area that emerges. In this regard, I raised the issue with Secretary of State Hillary Clinton during our bilateral meeting on 6 December last and recalled our strong support for comprehensive immigration legislation and the passage of E3 visas for Irish citizens.

I am currently engaged in a round of telephone discussions with key US Senators and in this context I spoke with Senator John McCain on 8 February last to express the Government’s appreciation for the efforts he and others are making in developing bi-partisan Senate proposals and to underline our ongoing interest in the issue. The Taoiseach discussed immigration reform when he spoke with President Obama to congratulate him on his re-election. The issue will remain a central feature of the Government’s engagement with the US authorities, including over the forthcoming St Patrick’s day period. My programme, and that of other members of the Government during that period, while not yet finalised, will include meetings with key political figures and the Irish community groups that provide assistance to the undocumented.

Much further debate and discussion is likely to be required within the US political system as to what any future legislative deal might comprise. It is therefore not possible at this stage to identify an exact timescale in which these may become clear but the area will continue to receive the Government’s close attention over the period ahead.

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