Written Answers Nos. 21-37
21. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the steps that were taken in relation to raising the Saudi Arabian regime's human rights abuses, discrimination against women, and financing of jihadist and sectarian forces across the Middle East when the recent Irish trade mission to that country took place. [1266/14]
View answer27. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade if the gross human rights violations perpetuated by Saudi Arabia were raised by Irish Government representatives during the recent diplomatic and trade mission to that country; and if he will make a statement on the matter. [1430/14]
View answerI propose to take Questions Nos. 21 and 27 together.
I was not on the recent Trade Mission to the Gulf which was led by the Taoiseach and the Minister for Jobs, Enterprise and Innovation, Richard Bruton. Therefore, I cannot comment directly on what was said during their bilateral meetings.
However, I understand that during the course of his visit to Saudi Arabia from 4th to 6th January, the Taoiseach had detailed political discussions with Crown Prince Salman bin Abdulaziz and with the Deputy Foreign Minister, Prince Abdulaziz bin Abdullah.
During these discussions, the Taoiseach welcomed the election of Saudi Arabia to the UN Human Rights Council for the period 2014-2016 and offered to work with Saudi Arabia to ensure the promotion of human rights. Of course, Ireland will work with any country which is willing to engage on human rights issues.
The Taoiseach also discussed the continuing tragic loss of life taking place as a result of the devastating conflict in Syria and the urgent need for greater international efforts and support for a political, not a military solution. This is the most pressing human rights issue in the region at present.
Ireland has always been at the forefront internationally in raising human rights issues through bilateral contacts and through the European Union and the United Nations, and we have never shied away from addressing these issues.
Ireland made two recommendations to Saudi Arabia during its most recent review under the Human Rights Council Universal Periodic Review process in October 2013. These recommendations focused on the right to freedom of association and on the improvement of women’s rights.
However, the primary focus of a trade mission is to encourage business to business links and encourage investment and employment opportunities. If we want to be effective in addressing human rights issues with countries, we must do it in an appropriate way and at the right opportunity, so that our concerns are taken seriously and acted upon.
23. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the worsening humanitarian situation in Gaza; that Israel is deepening the crisis due to its continued blockade and bombing of Gaza; and if he will raise the issue with the Israeli authorities. [1438/14]
View answer29. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade if he will condemn the recent aerial bombardment of Gaza by the Israeli authorities; if he will campaign within the EU for an ending of the favourable treatment of Israel by calling for the cessation of the EU-Israel Association Agreement and an ending of their involvement in Horizon 2020. [1265/14]
View answer30. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions he has had with his EU counterparts following the recent air strikes carried out by Israel in the Gaza Strip; his views on the need to end the EU-Israel Association Agreement; and if he will make a statement on the matter. [1431/14]
View answer38. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade the representations he has made to the Israeli and Egyptian authorities to lift the blockade on Gaza following the severe flooding in northern Gaza. [55313/13]
View answer39. Deputy Joe Higgins asked the Tánaiste and Minister for Foreign Affairs and Trade the assistance he is giving to the people of Gaza following the recent severe flooding in northern Gaza. [55314/13]
View answerI propose to take Questions Nos. 23, 29, 30, 38 and 39 together.
In relation to the overall humanitarian situation in Gaza, the impact of the blockade, and the humanitarian assistance provided by Ireland in response, I would refer to my detailed reply to Question 28 (ref 53172/13) on 11 December last.
Ireland, both nationally and through the EU, will continue to draw attention to the unacceptable situation in Gaza, to call for an end to the blockade of Gaza, and to call upon all parties in the region to give greater consideration to the impact of their policies on the people of Gaza. This applies especially to Israel, but also to all other actors, including Hamas and other groups in Gaza, and to Egypt.
On 25 December Israeli warplanes dropped four bombs on Gaza, on sites claimed to be military targets, following the killing on 24 December by a sniper in Gaza of a civilian worker in Israel who was repairing the border fence. Three people in Gaza were reportedly killed, including a child.
Although on this occasion relatively brief, such mini cycles of violence are recurring, tragic, and futile. I have consistently condemned both Israeli strikes on Gaza which incur civilian casualties, but also repeated attacks into Israel which intentionally seek to kill Israeli civilians and are indifferent to subsequent retaliation by Israel into Gaza. I do not accept the view that one killing justifies another, but nor do I think it is helpful to focus on one side only, and simply ignore the fact that violence is being exchanged in both directions.
I repeat – again – my call on all parties to refrain from such actions.
I have dealt many times in the House with the question of the EU-Israel Association Agreement. Such agreements, which are in place with most of the EU’s Mediterranean neighbours, are not a reward for good behaviour, they are the means by which the EU itself has chosen to structure its relations with its neighbours. I do not propose to seek the suspension of the agreement, and I have made it clear that if I were to do so, there would be no prospect whatever of achieving this, and the only effect would be to lessen Ireland’s influence on this issue at EU level. The same applies to Israel’s participation in Horizon 2020, which covers co-operation in research and development, to the mutual benefit of both parties, and is confined to entities operating within the internationally recognised borders of Israel.
24. Deputy Seán Kyne asked the Tánaiste and Minister for Foreign Affairs and Trade if work has commenced on devising a new trade strategy; if he will indicate the number of staff and sections of his Department involved in this; and if he will indicate the input of Ireland's embassies in the process, on account of their valuable expertise and knowledge of foreign economies and markets. [1472/14]
View answerOn 17 January 2013, the Government decided to initiate a short focused review of the Government’s Trade, Tourism and Investment Strategy which covers the period to 2015. This decision was reiterated in the Action Plan for Jobs 2013, under Action Point 202: "In cooperation with all relevant Departments and agencies, carry out a short and focused review of the Government Trade Strategy, Trading and Investing in a Smart Economy."
A Review Group was established comprising representatives *of the relevant Government Departments and State agencies, chaired by the Trade and Promotion Division in my Department. The establishment of the Review Group was in the context of the Export Trade Council, which I chair, given its role in overseeing and monitoring the implementation of the Strategy. Terms of reference for the review were agreed at the first meeting in June and it has had five meetings in total. The drafting of the review has taken account of detailed input from Departments, State agencies, the Embassy network and Local Market Teams in priority markets, chaired by our Ambassadors and including State agency personnel overseas. All stakeholders were given an opportunity to provide input on the key issues to be considered by the review. The geographical Divisions and Units in my Department have also been involved in the review.
The review is taking place in parallel to a number of other complimentary initiatives, including the review of the International Education Strategy; the Public Consultation on Tourism Policy; the preparation of the Action Plan for Jobs 2014; the Medium Term Economic Strategy and the Review of Ireland’s Foreign Policy and External Relations. In addition, a number of State agencies are in the process of developing three year strategies, which will be completed outside the timeline of this review.
The review was also discussed by a working group under the heading "Ireland’s Trade, Tourism and Investment Strategy - Toward a Renewed Approach" at the Global Irish Economic Forum in October 2013. I presented a progress report on the review to the fifth meeting of the Export Trade Council on 7 November 2013. As the Deputy will be aware, the Council brings together the relevant Government Ministers and Departments, State agencies and private sector members. A comprehensive report on implementation of the Strategy was also provided to the Council.
It is envisaged that the review will be presented in the coming weeks.
*Department of Jobs, Enterprise and Innovation; Department of the Taoiseach; Department of Agriculture, Food and the Marine; Department of Education and Skills; Department of Transport, Tourism and Sport; Revenue Commissioners; IDA Ireland; Enterprise Ireland; Tourism Ireland; Bord Bia; Culture Ireland; Forfás; and Science Foundation Ireland.
25. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade if he will report on his engagements at the recent European Union Foreign Affairs Council meeting regarding the position of Ukraine; in particular its decision to postpone signing the Association Agreement with the EU; and the talks he held with the Russian Foreign Minister, Sergei Lavrov, at that meeting. [1267/14]
View answerThe Foreign Affairs Council had a wide-ranging discussion on the situation in Ukraine at its meeting on 16 December 2013 in Brussels.
High Representative Ashton reported to the Council on her visit to Kiev where she held talks with President Yanukovych and other government representatives, the opposition and civil society. There was disappointment with Ukraine’s decision in November 2013 to postpone signing the Association Agreement with the EU, which together with the Deep and Comprehensive Free Trade Area was the most ambitious offer made to any partner by the EU. The Council agreed on keeping the door open and on the need for meaningful dialogue with all stakeholders in Ukraine to find a negotiated solution to the political stalemate following the demonstrations.
Our discussions in Brussels continued over lunch with the Russian Foreign Minister, Sergei Lavrov. The situation in Ukraine was a major topic, although we also considered the EU’s wider relationship with Russia in advance of the next EU-Russia summit. Minister Lavrov defended Russia's approach and was critical of the EU's Eastern Partnership process. He argued that the process in Ukraine was becoming too politicised and that Russia would respect any sovereign choice made by Ukraine which, I believe, is a fundamental condition for achieving a durable political solution to the crisis there. Ministers sent a strong message that Russia’s action towards Ukraine and indeed other Eastern Partnership countries is unacceptable.
For my part, I also availed of the opportunity to raise with Minister Lavrov my concern over Russia's LGBTI-related legislation and with the broader human rights situation in the Russian Federation.
I should note that the situation in Ukraine was also considered by the European Council at its meeting on 19-20 December after which a statement was issued underlining the Union’s readiness to sign the Association Agreement, including the Deep and Comprehensive Free Trade Area, with Ukraine, as soon as Ukraine is ready. Calling for a democratic solution to the political crisis that would meet the aspirations of the Ukrainian people, the Heads of State and Government emphasised the right of all sovereign States to make their own foreign policy decisions without undue external pressure.
28. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to ratify the Antarctic Treaty; and if he will make a statement on the matter. [51929/13]
View answerThe question of Ireland’s ratification of the Antarctic Treaty and related agreements comprising the Antarctic Treaty System (ATS) has been examined in some detail by the Government and Offices concerned.
While the objectives and achievements of the ATS are of considerable importance and the commitment of the signatories is commendable, the direct benefits to Ireland of ratification would be relatively minor. Preparation for ratification by Ireland would impose substantial administrative burdens on several Government Departments, which could not be supported at the present time. In the case of the Department of Foreign Affairs and Trade this would include the co-ordination of the national approach to accession negotiations via the Inter-Departmental Group on the Antarctic Treaty, the preparation and submission of the relevant Memorandum to Government and the domestic legislation necessary for ratification. Subsequent to ratification the Department of Foreign Affairs and Trade would have responsibility for co-ordinating the servicing of any meetings of States Parties or related events and conferences.
Government Departments have to concentrate their diminishing resources on their core business and areas of priority national interest and concern and are not in a position to assume the administrative burden associated with the ATS ratification and ensuing treaty obligations at the present time.
31. Deputy Seán Kyne asked the Tánaiste and Minister for Foreign Affairs and Trade the priorities being pursued by Ireland in terms of the UN Human Rights Council and if he will report on the contribution of our representatives to the work of the UNHRC in 2013 which was the first of the three year term of membership. [1473/14]
View answerIreland’s three-year membership of the United Nations Human Rights Council (HRC), from 2013-15, presents an opportunity to make an enhanced contribution to the promotion and protection of human rights. During our term, we are actively working to add value to the work of the Council and strengthen the institution itself.
Ireland’s approach to membership of the HRC is guided by the pledges and commitments made during our campaign to secure election, which reflect our well-established human rights priorities. These include the following:
- Defending the universality of human rights;
- Freedom of expression, (including on the internet);
- Freedom of religion or belief;
- Combating all forms of discrimination, including against LGBTI (Lesbian, Gay, Bisexual, Transgender and Intersex) persons;
- The human rights situation in the Middle East;
- Strengthening the UN human rights treaty body system;
- The promotion and protection of human rights defenders;
- The promotion and protection of an enabling environment for civil society;
- Women’s rights, combating discrimination and gender-based violence.
We are also highlighting the importance of ensuring that human rights considerations underpin all areas of development – with a particular focus on gender equality, health, education and combating hunger.
The Human Rights Council meets in March, June and September every year. Ireland held the Presidency of the Council of the European Union for the first six months of 2013, which encompassed the March and June sessions of the Human Rights Council. As Presidency, Ireland played a highly active and visible role in the HRC as part of the Joint EU Team, together with the EU Delegation in Geneva.
During both sessions, the joint EU Team led in the preparation of draft resolutions and the conduct of negotiations on a number of EU priority initiatives, namely on DPRK, Belarus, Myanmar/Burma, freedom of religion or belief and rights of the child. Ireland also worked in tandem with the EU Delegation to represent the EU at negotiations on resolutions relating to Sri Lanka, Mali, Syria, Libya, Eritrea, Middle East, human rights defenders, combating religious intolerance and illicit funds. Ireland also negotiated four further resolutions on behalf of the EU, on national human rights institutions, discrimination against women, cultural rights and foreign debt.
At the March session, I personally delivered the general statement on behalf of the European Union on a number of country situations and thematic priorities. In addition, Ireland delivered a further nine statements on behalf of the EU during the session, as well as seventeen separate introductory statements, general comments and explanations of vote during the final two days, when action was taken on the draft resolutions.
During the March session, Ireland co-sponsored 24 draft resolutions, including resolutions on the human rights of persons with disabilities; human rights of persons from minorities; social, economic and cultural rights; freedom of religion or belief; peaceful protests; torture; human rights defenders; self-determination of Palestinians; Israeli settlements; the Democratic People’s Republic of Korea (DPRK); Myanmar/Burma; Iran; and Syria. We were also co-signatories to cross-regional statements on Syria, Bahrain, International Women’s Day, Reprisals against Human Rights Defenders and the Universal Periodic Review.
At the June session, Ireland co-sponsored 18 draft resolutions, including resolutions on Cote D’Ivoire, Central African Republic, Guinea, Somalia, Eritrea, and Belarus, as well as resolutions on violence against women, discrimination against women, internally displaced persons, and trafficking in persons. Ireland was also co-signatory to five cross-regional statements, on sexual orientation and gender identity; female genital mutilation, child, early and forced marriage; equal political participation; and on promoting human rights, including the right to the highest attainable standard of health, through sport, physical activity and play.
In the September session, Ireland took the lead within the Human Rights Council on two important new initiatives. First, as part of our commitment to ensuring that our human rights priorities and development programme are mutually reinforcing, Ireland led on a resolution on preventable mortality and morbidity of children under five which was adopted by consensus on 26 September 2013. 6.6 million children under the age of five die each year, mainly from preventable and treatable causes. This resolution focuses on how the HRC can act in elaborating a human rights based approach to this issue and support the much needed engagement of the human rights community in the ongoing efforts to strengthen accountability for children’s health. As a result of the adoption of this resolution, the Office of the UN High Commissioner for Human Rights is elaborating technical guidance, in close consultation with the World Health Organisation drawing on the particular expertise of that agency, and with the participation of all relevant stakeholders, including Governments. Irish Aid is providing support through the World Health Organisation for the development of this technical guidance, which will be grounded in human rights principles, and will help national Ministries and other actors to design policies and programmes to reduce and eliminate preventable morbidity and mortality of children under five.
Ireland also took the lead on a new resolution on creating and maintaining a safe and enabling environment for civil society which was adopted on 27 September 2013. Civil society actors have come under increasing pressure in many parts of the world in recent years. In some countries, dialogue with civil society remains limited and the space for civil society engagement is narrow or shrinking. Restrictive legislation and repressive practices in some countries have led to stigmatisation, harassment, and even criminalisation of civil society actors. The resolution underlines the important contribution of civil society and calls on States to create and maintain a safe and enabling environment in which civil society can operate effectively. It also provides for a panel discussion to be held during the March 2014 session of the Human Rights Council on the challenges facing States in their efforts to ensure space for civil society, and lessons learnt and good practice in this regard. Subsequent to that discussion, Ireland intends to work with partner countries to develop a more substantive resolution on civil society space, which we hope to present to the Council in September 2014.
In addition to the initiatives referenced above, at the September 2013 session, Ireland co-sponsored 30 resolutions in total, on topics such as freedom of peaceful assembly and association, female genital mutilation, safety of journalists, equal political participation, reprisals, prevention and elimination of child, early and forced marriage, older persons, as well as country-specific resolutions on Cambodia, Somalia, DRC, Yemen, and Syria. Ireland delivered a total of 18 separate national statements during the general debate, panel discussions and interactive dialogues, including on human rights situations in a number of countries, such as Egypt, Syria, Sri Lanka, DPRK, Sudan, and Somalia. We led a cross regional Joint Statement on preventable mortality and morbidity of children under five as a human rights concern. Ireland was also a co-signatory to Joint Statements on Bahrain and on the safety of journalists, and raised important issues such as children affected by armed conflict, and the role of civil society in integrating gender perspectives in the work of the HRC.
Ireland engaged actively in the three meetings of the Human Rights Council Working Group on the Universal Periodic Review. Under this mechanism, the human rights situation of all UN Member States is reviewed every 4.5 years. The 15th session of the Working Group took place from 21 January to 1 February; the 16th session from 22 April to 3 May; and the 17th session from 21 October to 1 November 2013. A total of 42 states were reviewed during 2013.
Ireland will continue to respond proactively to emerging human rights situations and themes, including emergency situations, and to play an active role in the Council’s three yearly sessions (March, June and September) and in the UPR.
33. Deputy Thomas Pringle asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the consular assistance given to date to a person (details supplied) with particular regard to the hearing which took place on 10 January 2013 in the US; and if he will make a statement on the matter. [1477/14]
View answer78. Deputy Denis Naughten asked the Tánaiste and Minister for Foreign Affairs and Trade the actions his Department is taking in assisting a person (details supplied) following the granting of a retrial by the Florida Supreme Court; and if he will make a statement on the matter. [1609/14]
View answerI propose to take Questions Nos. 33 and 78 together.
The person referred to by the Deputy holds dual American and Irish citizenship. He applied for Irish Citizenship through Foreign Birth Registration and became an Irish citizen in September 2013. He had not claimed Irish citizenship at the time of his alleged offence in 1996 or conviction in 2001.
The person referred to by the Deputy was convicted of sexual battery and murder in 2001 and sentenced to death. In 2013, his conviction was overturned and a new trial ordered. This trial is expected to begin in February 2014.
A pre-trial hearing relating to the case was held on 10 January. Our Consul General in Atlanta spoke to his lawyers after the hearing on Friday and our understanding is that the pre-trial hearing will reconvene this Friday 17 January. It is possible that the outcome of this hearing will affect the start date of the retrial scheduled for late February.
My Department does not have an automatic entitlement to provide consular assistance to the person referred to by the Deputy given that he is an American citizen being tried in a US court. In cases involving dual nationality, it is at the discretion of the host nation whether to acknowledge a person’s second citizenship and to afford that country’s diplomatic service access to provide consular assistance.
Once the person became an Irish citizen, my Department notified the State Attorney’s Office in Dade City, Florida of our interest in the case and requested permission to visit him in prison. The Consul General in Atlanta visited him at the Land O’Lakes prison on 24 October 2013. The Consul General has been in contact with his lawyers since last September and remains in direct contact with them.
My Department and our Consul General are offering full appropriate consular assistance to this person and will continue to do so for as long as necessary.
34. Deputy Pat Deering asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding a passport application submitted more than 12 months ago in respect of a person (details supplied) in County Carlow. [55226/13]
View answerAll passport applications are subject to the provisions of the Passports Act, 2008 (the Act). This broadly provides, among other requirements, that a person’s identity is known to the Minister for Foreign Affairs before a passport can issue to that person.
The Department wrote to the person in question on 12 March, 2013 to inform her that her application for a passport had been refused under section 12(1)(b) and (e)(i) of the Act which state that
"12. (1) The Minister shall refuse to issue a passport to a person if– ….
(b) the Minister is not satisfied as to the identity of the person,…..
(e) in connection with the application concerned for the issue of a passport, a person (whether or not the applicant)–
(i) knowingly or recklessly provides information or documents that are false or misleading in a material respect,…"
This legal provision underpins the need for each applicant to provide verifiable evidence in regard to his/her identity. The Department was not satisfied that the applicant provided the information necessary to meet this requirement.
However, it should be noted that under the Act, an applicant may appeal a decision, made by the Department to refuse a passport to that person, to an independent Passport Appeals Officer (PAO). In this case, the person in question has exercised her rights in this matter. The Department is presently awaiting the findings of the Passport Appeals Officer in regard to this appeal.
35. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 369 of 10 December 2013 the reason sovereign immunity is being applied to US military aircraft and personnel passing through Shannon when international law clearly states that sovereign immunity does not apply to military aircraft involved in a war of aggression, where Ireland has an obligation under the Hague Convention V on neutrality and customary international law on neutrality not to allow US troops or materials transiting through Irish territory and in view of recent International Court of Justice and the International Criminal Court cases establishing that sovereign immunity can only be used as a defence to prosecution for local or domestic crimes or civil liability and not a defence to an international crime. [55517/13]
View answerIreland is not a party to the Hague Convention (V) respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land.
As I outlined in a response to the Deputy in this House on 19 November 2013, sovereign immunity applies automatically as a matter of law, including in respect to foreign State or military aircraft. In my response, I also set out the legal rules governing the entry of foreign State aircraft into Irish territory, along with the policy conditions which must be met before permission to land in or overfly the State is granted.
In line with Ireland’s policy of neutrality, these stipulations require that aircraft are unarmed, are not carrying arms, ammunition or explosives, are not engaged in intelligence gathering and are not taking part in military exercises or operations.
As I stated on that occasion, respect for the principle of sovereign immunity does not interfere with obligations arising from the international treaties to which the State is a party.
36. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs and Trade if he is committed to bilateral and multilateral diplomatic interaction with the Holy See; if the Irish ambassador to the Holy See attended the meeting arranged on Friday, 13 December 2013, of all accredited ambassadors to meet with Archbishop Parolin, the new Secretary of State; and if he will make a statement on the matter. [55206/13]
View answerThe Government is fully committed to maintaining relations with the Holy See.
Ambassador Cooney was in the Vatican earlier this week where he attended the New Year Greeting ceremony with Pope Francis and also met Archbishop Parolin. He did not attend the event on 13 December.
37. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the suspension of a journalist with a volunteer community radio station (details supplied) due to an undue influence of a foreign embassy regarding the halting of reporting of human rights abuses in Gaza; and if he will make a statement on the matter. [55302/13]
View answerThere are mechanisms in Ireland for the hearing of broadcasting complaints. The operation of those mechanisms, and the response to them by media outlets, is not the responsibility of the Minister for Foreign Affairs and Trade.
