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International Agreements

Dáil Éireann Debate, Tuesday - 24 June 2014

Tuesday, 24 June 2014

Questions (120)

Seán Crowe

Question:

120. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of international treaties, conventions and other international legal obligations which Ireland has signed but not yet ratified; where this information is readily available and updated for members of the public; and if he will make a statement on the matter. [26676/14]

View answer

Written answers

As requested, I am providing the Deputy with a list of international agreements which Ireland has signed but not ratified. The list has been prepared according to the information available to my Department and aims to be as comprehensive as possible. There are 83 agreements on the list: 20 Multilateral agreements for which the UN Secretary General is the depositary; 16 Council of Europe agreements; 32 EU agreements; 7 Other multilateral agreements; and 8 Bilateral agreements.

The two-step process whereby a state will first sign an international agreement, subject to ratification, is the usual manner in which international agreements are concluded. This interval permits states to take whatever legislative or administrative measures are required to fulfil obligations assumed under the agreement. The signing of an agreement may be an important demonstration of a state’s support for it, pending its ratification when in a position to do so. The alternative would be to refrain from signing the agreement at all, which may be interpreted as a lack of support for the agreement. In this regard, there is nothing unusual, or wrong in principle, in having some time period between signature and ratification, and the length of time required may depend on the complexities of the particular issues involved.

As the Deputy will be aware, Article 29.6 of the Constitution provides that international agreements do not form part of the domestic law of the State unless the Oireachtas so provides through the enactment of legislation. This is what is known as a “dualist” approach to international agreements. In contrast, for some states, ratification of an international agreement automatically incorporates the terms of that agreement into its domestic law. Such states may be in a position to ratify agreements more quickly than dualist states such as Ireland.

As Minister for Foreign Affairs and Trade, I have an important role in relation to all international agreements entered into by Ireland. Before a treaty may be signed, ratified or acceded to, it is necessary to obtain an authorising Government Decision. As the Ministers and Secretaries Act 1924 designates the Minister for Foreign Affairs and Trade as the Minister responsible for external relations, all Memoranda for the Government concerning international agreements (other than International Labour Organisation Conventions) are brought by me, irrespective of their substantive content. Where the agreement is the functional responsibility of another department, as is usually the case, the Memorandum is brought by me on behalf of the relevant Minister. Therefore, while my Department has a central role in relation to signing and ratifying international agreements, it is often the case that the necessary legislative or administrative measures required to implement them are for the line Department responsible for the subject matter of the agreement. Line Departments, in taking steps to ratify an agreement, will consult with my Department as the ratification process develops to ensure that important procedural steps are followed.

My Department annually publishes all international agreements that enter into force for Ireland in the Irish Treaty Series, which is available on the Department’s website, and lays them before this House. A notice of all agreements laid is also published in Iris Oifigiúil. I have asked my officials to ensure that a list of the international agreements which have been signed but not ratified by Ireland be published on the Department’s website by the end of the year and updated annually.

List of International Agreements signed by Ireland, but not Ratified

[1] Multilateral Treaties deposited with the Secretary General of the United Nations

TREATY

DATE

Protocol to Eliminate Illicit Trade in Tobacco Products, done on 12 November 2012

Signed by Ireland 20 December 2013

Minamata Convention on Mercury, done on 19 January 2013

Signed by Ireland 10 October 2013

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, done on 10 December 2008

Signed by Ireland on 23 March 2012

Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, done on 29 October 2010

Signed by Ireland on 1 February 2012

Universal Postal Union Convention and Final Protocol, done on 12 August 2008

Signed by Ireland on 12 August 2008

First Additional Protocol to the General Regulations (Universal Postal Union), done on 12 August 2008

Signed by Ireland on 12 August 2008

8th Additional Protocol to the Universal Postal Union Constitution, done on 12 August 2008

Signed by Ireland on 12 August 2008

Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done on 18 December 2002

Signed by Ireland on 2 October 2007

Convention on the Rights of Persons with Disabilities, done on 13 December 2006

Signed by Ireland on 30 March 2007

International Convention for the Protection of All Persons from Enforced Disappearance, done on 20 December 2006

Signed by Ireland on 27 March 2007

International Convention for the Suppression of Acts of Nuclear Terrorism, done on 13 April 2005

Signed by Ireland on 19 September 2005

Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context, done on 21 May 2003

Signed by Ireland on 21 May 2003

Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organised Crime, done on 15 November 2000

Signed by Ireland on 13 December 2000

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done on 25 May 2000

Signed by Ireland on 7 September 2000

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to abate Acidification, Eutrophication and Ground Level Ozone, done on 30 November 1999

Signed by Ireland on 1 December 1999

Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, done on 24 June 1998

Signed by Ireland on 24 June 1998

Protocol to the 1979 Convention on Lang-Range Transboundary Air Pollution on Heavy Metals, done on 24 June 1998

Signed by Ireland on 24 June 1998

Agreement concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections, done on 13 November 1997

Signed by Ireland on 13 November 1997

Optional Protocol to the Vienna Convention on Consular Relations, concerning the Compulsory Settlement of Disputes, done on 24 April 1963

Signed by Ireland on 24 April 1963

Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, done on 18 April 1961

Signed by Ireland on 18 April 1961

[2] Council of Europe Treaties

TREATY

DATE

Council of Europe Convention on the Prevention of Terrorism, done on 16 May 2005

Signed by Ireland on 3 October 2008

Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, done on 25 October 2007

Signed by Ireland on 25 October 2007

Protocol amending the European Convention on the Suppression of Terrorism, done on 15 May 2003

Signed by Ireland on 15 May 2003

Convention on Cybercrime, done on 23 November 2001

Signed by Ireland on 28 February 2002

Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid, done on 4 October 2001

Signed by Ireland on 5 October 2001

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, done on 4 November 2000

Signed by Ireland on 4 November 2000

Civil Law Convention on Corruption, done on 4 November 1999

Signed by Ireland on 4 November 1999

European Convention on the Exercise of Children's Rights, done on 25 January 1996

Signed by Ireland on 25 January 1996

European Convention for the Protection of Vertebrate Animals used for Experimental and other Scientific Purposes, done on 18 March 1986

Signed by Ireland on 6 December 1990

European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, done on 19 August 1985

Signed by Ireland on 3 November 1986

European Convention on Social Security, done on 14 December 1972

Signed by Ireland on 23 February 1979

Supplementary Agreement for the Application of the European Convention on Social Security, done on 14 December 1972

Signed by Ireland on 23 February 1979

European Convention on the Control of the Acquisition and Possession of Firearms by Individuals, done on 28 June 1978

Signed by Ireland on 28 June 1978

Convention relating to Stops on Bearer Securities in International Circulation, done on 28 May 1970

Signed by Ireland on 23 April 1974

European Agreement on the Protection of Television Broadcasts, done on 22 June 1960

Signed by Ireland on 22 June 1960

European Convention for the Peaceful Settlement of Disputes, done on 29 April 1957

Signed by Ireland on 29 April 1957

[3] EU Agreements

TREATY

DATE

Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part

Signed by Ireland on 21 March 2014

Cooperation Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the European Satellite Navigation Programmes

Signed by Ireland on 5 December 2013

Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies

Signed by Ireland on 24 June 2013

Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Government of the State of Israel, of the other part

Signed by Ireland on 10 June 2013

Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part

Signed by Ireland on 30 April 2013

Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, done on 11 July 2012

Signed by Ireland on 11 July 2012

Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam of the other part, done on 27 June 2012

Signed by Ireland on 27 June 2012

Common Aviation Agreement between the European Community and its Member States, on the one part, and Moldova, on the other part, done on 26 June 2012

Signed by Ireland on 26 June 2012

Agreement Establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, done on 29 June 2012

Signed by Ireland on 29 June 2012

Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, done on 26 June 2012

Signed by Ireland on 26 June 2012

Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, done on 11 May 2012

Signed by Ireland on 11 May 2012

Agreement between the Member States of the European Union, meeting with the Council, regarding the Protection of Classified Information Exchanged in the Interests of the European Union, done on 25 May 2011

Signed by Ireland on 25 May 2011

Euro-Mediterranean Aviation Agreement between the European Union and its Member States, on the one part, and the Hashemite Kingdom of Jordan, on the other part, done on 15 December 2010

Signed by Ireland on 15 December 2010

Common Aviation Agreement between the European Union and its Member States, on the one part, and Georgia, on the other part, done on 2 December 2010

Signed by Ireland on 2 December 2010

Agreement on Air Transport between Canada and the European Community and its Member States, done on 17 and 18 December 2009

Signed by Ireland on 17 December 2009

Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part.

Signed by Ireland on 30 June 2009

Convention on centralised customs clearance, concerning the allocation of national collection costs retained when traditional own resources are made available to the EU budget, done on 10 March 2009.

Signed by Ireland on 10 March 2009

Agreement establishing a Stepping Stone Economic Partnership Agreement between Ghana, on the one part, and the European Community and its Member States, on the other part

Signed by Ireland on 18th December 2008

Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Southern African Development Community EPA States, on the other part

Signed by Ireland on 6th July 2009

Agreement establishing a framework for an Economic Partnership Agreement between the European Community and its Member States, on the one part, and the East African Community Partner States, on the other part

Signed by Ireland on 30 June 2010

Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part done on 15 and 20 October 2008

Signed by Ireland on 15 October 2008

Convention on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the Convention on the Law applicable to Contractual Obligations, opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities, done on 14 April 2005

Signed by Ireland on 14 April 2005

Decision of the representatives of the Governments of the Member States, meeting within the Council, on the privileges and immunities granted to the European Defence Agency and to its staff members, done on 10 November 2004

Signed by Ireland on 10 November 2004

Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, done on 26 October 2004

Signed by Ireland on 26 October 2004

Agreement between the Member States of the European Union concerning claims introduced by each Member State against any other Member State for damage to any property owned, used or operated by it or injury or death suffered by any military or civilian staff of its services, in the context of an EU crisis management operation, done on 28 April 2004

Signed by Ireland on 28 April 2004

Agreement between the EU Member States concerning the status of military and civilian staff on secondment to the Military Staff of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA), done on 17 November 2003

Signed by Ireland on 17 November 2003

Protocol established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes, done on 8 May 2003

Signed by Ireland on 8 May 2003

Protocol, established by the Council in accordance with Article 34 of the Treaty on European Union, to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, done on 16 October 2001

Signed by Ireland on 16 October 2001

Decision of the Representatives of the Governments of the Member States on the privileges and immunities granted to the European Union Institute for Security Studies and the European Union Satellite Centre, and to their bodies and staff members, done on 15 October 2001

Signed by Ireland on 15 October 2001

Convention, established by the Council in accordance with Article 34 of the Treaty on the European Union, on mutual assistance in criminal matters between the Member States of the European Union, done on 29 May 2000

Signed by Ireland on 29 May 2000

Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community of the one part, and the Republic of Slovenia, of the other part, done on 5 April 1993

Signed by Ireland on 5 April 1993

First Protocol on the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, done on 19 December 1988

Signed by Ireland on 19 December 1988

[4] Other Multilateral Agreements

TREATY

DATE

Agreement on the Transfer and Mutualisation of Contributions to the Single Resolution Fund

Signed by Ireland on 21 May 2014

Beijing Treaty on Audiovisual Performances

Signed by Ireland on 19 June 2013

Agreement on a Unified Patent Court

Signed by Ireland on 19 February 2013

Statute of the International Renewable Energy Agency (IRENA), done on 26 January 2009

Signed by Ireland on 26 January 2009

Hague Convention on the International Protection of Adults, done on 13 January 2000

Signed by Ireland on 18 September 2008

Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done on 8 December 2005

Signed by Ireland on 20 June 2006

Convention for the Protection of Cultural Property in the Event of Armed Conflict, done on 14 May 1954

Signed by Ireland on 14 May 1954

[5] Bilateral Agreement

TREATY

DATE

Agreement between the Government of Ireland and the Government of the Republic of Botswana for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income

Signed by Ireland on 11 June 2014

Protocol between Ireland and the Grand Duchy of Luxembourg amending the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital

Signed by Ireland on 27 May 2014

Protocol Amending the Convention between Ireland and Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income

Signed by Ireland on 14 April 2014

Memorandum of Understanding concerning cooperation in the field of Higher Education and Scientific Research between the Government of Ireland and the Government of the United Arab Emirates

Signed by Ireland on 9 January 2014

Convention between the Government of Ireland and the Government of the Kingdom of Thailand for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains

Signed by Ireland on 04 November 2013

Agreement between the Government of Ireland and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes and Tax Matters

Signed by Ireland on 8 July 2013

Memorandum of Scientific and Educational Cooperation between the Department of Education and Skills and the Ministry of Higher Education in the Kingdom of Saudi Arabia

Signed by Ireland on 14 June 2011

Agreement between Ireland and Malta on cooperation in combating illicit drug trafficking, money laundering, organised crime, trafficking in persons, terrorism and other serious crime

Signed by Ireland on 26 February 2009

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