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Human Rights Issues

Dáil Éireann Debate, Thursday - 18 July 2013

Thursday, 18 July 2013

Questions (46, 47)

Brendan Smith

Question:

46. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the proposals he plans to raise with his counterparts at the EU Foreign Affairs Council regarding forced organ harvesting in China; if efforts have been made to adopt a common EU approach towards these unacceptable practices and abuses of human rights; and if he will make a statement on the matter. [36203/13]

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Brendan Smith

Question:

47. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions that have been held recently at political and official level with Chinese authorities in relation to forced organ harvesting; if his attention has been drawn to the widespread concerns expressed by many groups including the Irish Falun Dafa Association; and if he will make a statement on the matter. [36204/13]

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Written answers

I propose to take Questions Nos. 46 and 47 together.

I refer the Deputy to my replies to Questions Nos. 62, 65 and 66, taken together, of 10 July 2013 and Question No. 175 of 16 July 2013 on this matter. The Government follows closely reports of human rights violations against Falun Gong practitioners, including reported cases of organ harvesting, and is concerned about the situation. Through the formal framework of the EU-China Human Rights Dialogue, which was established in 1995, the EU continues to share with China its experience in the field of human rights protection and promotion, and to urge China to take clear steps to improve the human rights situation. The latest session of this dialogue took place on 25 June 2013 and provided the EU with the opportunity to express its concerns about a range of issues, including the treatment of ethnic and religious minorities, deprivation of liberty, and criminal and administrative punishment. At this meeting, the EU also asked about measures taken so far by China to ratify the International Covenant for Civil and Political Rights, which it signed in 1998. In February 2013, officials from my Department met with representatives of the Irish Falun Dafa Association. During this meeting the issue of organ harvesting and ways in which human rights issues are raised with Chinese authorities by both Ireland and the EU was discussed. Officials in my Department met again with representatives of the Falun Dafa Association and human rights lawyers on 9 July regarding the issue of organ harvesting. A Common Position adopted by the European Council in 2008 outlines that Member States shall deny an export licence to any company if there is a clear risk that military technology or equipment to be exported might be used for internal repression. In Ireland, human trafficking for the purpose of the removal of organs is criminalised under the Criminal Law (Human Trafficking) Act 2008. In addition, I understand from my colleague, the Minister for Health, that the removal of human organs without consent or for payment is an offence under the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 - S.I. No. 325 of 2012. These Regulations give effect to Directive 2010/53/EU. Under the Regulations, it is an offence to traffic, harbour, import or export organs contrary to the Regulations and the Directive. The Regulations set out a framework encompassing the establishment of competent authorities, the authorisation of transplantation centres and the establishment of conditions of procurement and systems of traceability. I understand that the Department of Health is also preparing legislative proposals for a Human Tissue Bill which will set out a detailed consent framework for the removal, donation and use of organs from deceased and living persons for the purpose of transplantation. Ireland, together with our EU partners, will continue to address human rights issues with China, including those related to the Falun Gong, in frequent and regular dialogue, through our contacts in both Dublin and Beijing and through the relevant multilateral channels, including at the United Nations Universal Periodic Review of human rights in China, scheduled for October 2013.

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