Micheál Martin
Question:114. Deputy Micheál Martin asked the Taoiseach if he had any bilateral meetings while in the Lebanon; and if he will make a statement on the matter. [26988/14]
View answerOfficial Engagements
Questions (114)
Written answers
During my visit to the Lebanon on 16th June, I had an opportunity to meet with H.E. Mr. Tammam Salaam, President of the Council of Ministers (Prime Minister) of the Republic of Lebanon. Items discussed at the meeting included Ireland's contribution to UNIFIL (United Nations Interim Force in Lebanon) over nearly four decades, for which the Prime Minister expressed gratitude; the security, political and humanitarian situation in Syria and Palestine, and the burden this has placed on Lebanon; developments in Iraq; internal political developments in Lebanon; and the further strengthening of bilateral relations between Ireland and the Lebanon.
I also announced an additional €2 million to address the humanitarian crisis in the Lebanon, arising from the presence of 1.4 million refugees from Syria. The Prime Minister expressed his deep appreciation for this and for Ireland's support for the humanitarian crisis to date.
Middle East Issues
Questions (115)
Micheál Martin
Question:115. Deputy Micheál Martin asked the Taoiseach if the situation in Iraq was discussed and whether it will impact on troops in the Lebanon; and if he will make a statement on the matter. [26989/14]
View answerWritten answers
My meeting with the Prime Minister of Lebanon included discussion of the situation in the wider region. The Prime Minister expressed serious disquiet about the situation and his concern about how it is likely to impact on Lebanon. Ireland has long supported Lebanon through serious challenges and we are committed to continuing to do so. As Minister for Defence, and in consultation with the Minister for Foreign Affairs and Trade, I will continue to monitor the situation. The security situation in the UNIFIL Area of Operations remains unpredictable but is continually kept under review by the Defence Forces.
Question No. 116 answered with Question No. 104.
Northern Ireland Issues
Questions (117)
Micheál Martin
Question:117. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on the implementation of the Haass proposals; and if he will make a statement on the matter. [26849/14]
View answerWritten answers
Under Dr Haass’ chairmanship of the Panel of Parties talks, the Northern Ireland parties made enormous progress in seeking an agreed approach to dealing with flags, parades and the past. Richard Haass and Meghan O’Sullivan consulted widely across society in Northern Ireland last year and brought to the table a clear message from the people that they want to see the party leaders finding new, comprehensive and credible ways of dealing with legacy issues. I agree with Dr Haass’s assessment that there is deep and wide public support for these issues to be dealt with in a comprehensive way. I have witnessed this at first hand during my visits to the North. The Northern Ireland Party Leaders have individually acknowledged that there is broad agreement among the parties on the basic architecture for moving forward on each issue. They are continuing to meet, including a meeting scheduled to take place today, with a view to closing the remaining gaps between them and for developing the practical mechanisms and related timeframe for implementation.
It is in the best interests of Northern Ireland that agreement is reached now. It is particularly important in advance of the marching season and the summer recess that politics is seen to be working in the best interests of all communities in the North. There have been several instances over recent months where the legacy of the past has seriously disrupted political and community life in Northern Ireland. It is clear from my contacts with business leaders that they are concerned at the broader economic and social consequences of the lack of political progress in recent months in addressing these legacy issues.
In Washington DC last week, I heard genuine concern being expressed by political, business and community leaders on the need for progress in the Party Leaders talks, which the United States government regards as very important in themselves, and which they recognise are also hampering progress and decision-making across a broad range of Northern Ireland Executive and Assembly business.
In my ongoing meetings and contacts with the Party Leaders and the Secretary of State, most recently on 9 June in Belfast, I have stressed the importance of securing an agreement on the outstanding issues. I underlined that the people of Northern Ireland expect politics to deliver tangible outcomes that improve their lives. I remain committed to doing everything possible in the time ahead to ensure that real progress is achieved. As I said yesterday on the occasion of the award of the Tipperary Peace Prize to Dr Haass, his work last year represents a solid foundation for the agreement that Northern Ireland’s leaders must deliver.
Northern Ireland Marching Season
Questions (118)
Micheál Martin
Question:118. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade his views regarding the upcoming marching season in Northern Ireland; and if he will make a statement on the matter. [26854/14]
View answerWritten answers
I maintain regular contact with the Secretary of State for Northern Ireland, Theresa Villiers MP, about the current situation in Northern Ireland, including contentious marches and the overall parades issue. My officials in the British Irish Joint Secretariat in Belfast closely monitor the situation on the ground and maintain regular contacts with political and community leaders who work to manage and to resolve parade related difficulties. Thanks to such community work and dialogue, the vast majority of parades pass without incident. Last year, for example the Parades Commission dealt with over 4,000 notifications of parades, of which 146 were contentious and required Parades Commission determinations.
Contentious parades in Northern Ireland give rise to annual concerns and they heighten sectarian tension at community level. In the past, disagreements over some contentious parades have spilled over into street violence, have deepened division and have put the Police Service of Northern Ireland in harm’s way. There is considerable concern about the prospects for this year’s marching season, particularly centered on the current impasse in relation to the Ardoyne/Woodvale/Twadell parading issue. I welcome all the work that has been underway at community level in recent months to try to overcome the serious concerns about those contentious parade issues. The Church led talks initiative, in particular, is to be commended. Sustained, meaningful dialogue to resolve difficulties is the key to a peaceful and honourable resolution of these issues.
While seen as a local issue, the Parades impasse in North Belfast goes to the very heart of the challenges of building support for reconciliation and a shared society in Northern Ireland. Therefore, resolving the Ardoyne/Woodvale/Twadell issues through agreement is important - not only for the communities in North Belfast but for the people of the Northern Ireland more generally. I would therefore call on all the party leaders to actively encourage and support local efforts to resolve the contentious parades problem in North Belfast. A resolution of the parades issue is essential for politics to be seen to work and could build momentum for the early completion of the wider talks process on parades, flags, and dealing with the past. The memory of the dreadful violence of previous summers; the memory of the harm done to PSNI and local communities; and the real damage done to Northern Ireland’s international reputation by street violence in previous summers, makes early efforts to reach agreement in North Belfast both necessary and urgent.
Northern Ireland Issues
Questions (119)
Micheál Martin
Question:119. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he or his Department is concerned about accusations of political bias within the PSNI; and if he will make a statement on the matter. [26856/14]
View answerWritten answers
The replacement of the Royal Ulster Constabulary by the Police Service of Northern Ireland in 2001 as recommended by the Patten report marked a new beginning for policing and for public confidence in policing in Northern Ireland. As part of that transformation in policing, accountability mechanisms are in place for the Service, including the Police Ombudsman for Northern Ireland and the Northern Ireland Policing Board. The Policing Board is an independent public body made up of Political and Independent members tasked with ensuring an effective, efficient, impartial, representative and accountable police service which commands the confidence of the whole community. The Police Ombudsman’s office also offers an impartial system for the handling of complaints about the conduct of police officers. Complaints and concerns about policing policy and operations are normally pursued through these bodies.
I note the comments made by the Deputy First Minister in relation to the PSNI on 1 May. I also note that on the evening of 3 May, the President of Sinn Féin, Mr Gerry Adams TD re-iterated his support for the PSNI, which I welcome. This statement clarified earlier remarks and was in line with Sinn Féin’s consistent support for policing since they joined the Northern Ireland Policing Board in 2007.
International Agreements
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 answerWritten 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 |
Human Rights Issues
Questions (121)
Bernard Durkan
Question:121. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Foreign Affairs and Trade the extent to which he and his EU colleagues have so far intervened to secure the release of a person (details supplied) who is an Irish citizen and imprisoned in Egypt; and if he will make a statement on the matter. [26699/14]
View answerWritten answers
I raised my concerns regarding this individual with the EU High Representative, Catherine Ashton, as recently as yesterday at the Foreign Affairs Council in Luxembourg. I have also raised my concerns at this individual’s continued detention without trial with the then Egyptian Foreign Minister, Nabil Fahmy, on 11 November and 23 December 2013. I followed up these phone calls with a letter to Minister Fahmy in January, expressing my continued concern at this individual’s detention. The Minister for European Affairs Paschal Donohoe, T.D. met with Foreign Minister Fahmy, on 11 June 2014 in Athens, on the margins of the EU-League of Arab States Ministerial meeting. The Minister raised the ongoing detention of the individual and requested that all appropriate assistance might be provided to him and his family arising from our serious concerns over his case.
From the outset, Ambassador Isolde Moylan and her colleagues in the Embassy of Ireland in Cairo have been in sustained and direct contact with the Egyptian authorities in relation to the case and contacts have included numerous meeting at Ambassadorial level with senior officials from the Foreign Ministry, Ministry of Justice and the office of the Prosecutor General. Also, on 12 March 2014, the Minister for Justice wrote to the Egyptian Minister for Justice Abdel-Moneim Othman, raising the Government’s concerns at the individual’s situation and requesting the opportunity to speak about this case as soon as possible.
I have worked with the EU High Representative for Foreign Affairs and Security Policy, Catherine Ashton, to ensure maximum engagement at EU level. As advised already, as recently as 9 May, I wrote to Ms. Ashton to raise this case. At my request, Minister of State Paschal Donohoe, T.D. raised this individual’s case in person with High Representative Ashton at the Foreign Affairs Council meeting in Brussels on 12 May. High Representative Ashton had confirmed that the EU is both acutely aware of, and closely monitoring, this individual’s situation. The European External Action Service delegation in Cairo has raised the case during official contacts. The EU Special Representative for Human Rights, Stavros Lambrinides, mentioned the case during separate meetings with the Egyptian Foreign Minister and the Prosecutor General in Cairo on 9 February.
From the beginning, the Consular Section in my Department has been actively liaising with the family of this individual and the Head of Consular Section in Dublin met with family representatives on 17 August, 19 September, 24 October and 16 December 2013, 16 January, 6 March, 1 and 21 May 2014. Also, the Embassy in Cairo has been allowed regular consular access to this individual and consular visits were made by the Embassy on 24 August, 8 September, 15 September, 10 October, 24 October, 30 October, 10 November, 21 November, 3 December and 18 December 2013 and 8 January, 26 January, 13 February, 23 March, 9 April, 5 May and 9 June 2014.
In all dealings with the authorities the Embassy has sought to stress the individual’s young age, the length of time he has already been in detention, and the necessity for him to return to Ireland as soon as possible to continue his studies for his Leaving Certificate examination as mitigating factors in his case in addition to the fact that his three sisters who were part of the same case and with him when he was arrested have already been allowed to return to Ireland. However, as you will be aware, the individual named is still before the judicial system in Egypt and we are precluded from getting involved in the judicial process. Let me assure you that I continue to remain seriously concerned at the continued detention of this individual and have directed that the Irish Embassy in Cairo and the Consular Assistance Section at the Department of Foreign Affairs and Trade continue to give all appropriate consular assistance.
Residency Permits
Questions (122)
Richard Boyd Barrett
Question:122. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Foreign Affairs and Trade the reason wives and families of Saudi students on English language programmes and third level courses are allowed to accompany their husbands or fathers while they study here, but wives and families of Libyan students are allowed to accompany their husband or father only if one parent is studying for a PhD., and not for undergraduate or English language programmes; if his attention has been drawn to the negative effect that this has in marketing Ireland as a destination of choice for English language studies; and if he will make a statement on the matter. [26801/14]
View answerWritten answers
My Department works in close cooperation with other Departments to help promote Ireland as a provider of English language studies for foreign students and generally to encourage closer education links with other countries. However, the question of entry into Ireland, and the criteria used to assess individual cases, are ultimately matters for the Minister for Justice and Equality.
Magdalen Laundries
Questions (123)
Lucinda Creighton
Question:123. Deputy Lucinda Creighton asked the Tánaiste and Minister for Foreign Affairs and Trade the efforts that have been made by him or his Department to lobby the Vatican to put pressure on the four religious orders that ran the Magdalen laundries here to contribute to a redress fund for survivors of abuse; and if he will make a statement on the matter. [26820/14]
View answerWritten answers
The Ambassador of Ireland to the Holy See has discussed this matter with Holy See officials on a number of occasions. A written communication has also been sent via diplomatic channels to which a response is understood to be forthcoming.
Overseas Development Aid Provision
Questions (124)
Arthur Spring
Question:124. Deputy Arthur Spring asked the Tánaiste and Minister for Foreign Affairs and Trade if increased funding for 2014 will be provided to an organisation (details supplied) in County Kerry; and if he will make a statement on the matter. [26835/14]
View answerWritten answers
The Government's aid programme, Irish Aid, works on behalf of the Irish people to fight poverty and hunger in some of the poorest countries in the world. Support to development education is an integral element of this work. The Non-Governmental Organisation referred to, Kerry Action for Development Education, received funding of €20,000 from Irish Aid under the 2014 Development Education Annual Grants call. The purpose of the annual grants is to provide support for the implementation of innovative, results focused initiatives that support the achievement of objectives set out in Irish Aid’s Development Education Strategy 2007-2015. Forty-two applications were received under the grants call in 2014. A total of €1.15 million was allocated to 30 successful organizations. This allocation was in line with the allocation for 2013. The Development Education Annual Grants Call is a competitive process. Grants are awarded based on the recommendations of a Development Education Grants Committee, which comprises independent consultants, a representative of the National Council for Curriculum and Assessment (NCCA) and members of the Development Education Section in Irish Aid, in the Department of Foreign Affairs and Trade. Input is also received from the Department of Education and Skills.
On the basis of the appraisals undertaken by the external consultants, the Committee reviews all proposals. In making recommendations for funding, it also considers issues of financial sustainability, alignment with Irish Aid’s strategic priorities, the development education approach and the organisation’s previous grant record. I am satisfied that the appraisal of all applications for funding was carried out fairly and independently, ensuring that all applicant organisations were assessed for grant allocations in a fair and consistent manner. It is open to all applicant organisations to discuss the outcome of their grant application with officials in my department.
Overseas Development Aid
Questions (125)
Arthur Spring
Question:125. Deputy Arthur Spring asked the Tánaiste and Minister for Foreign Affairs and Trade if the foreign aid programme will provide for a co-ordination strategy of a global education unit whereby a best practice template for foreign aid education could be provided using EU and Irish State funding; and if he will make a statement on the matter. [26836/14]
View answerWritten answers
The Government’s development cooperation programme, Irish Aid, which is managed by the Department of Foreign Affairs and Trade, reflects the values and experience of the Irish people and focuses on the fight against poverty and hunger in some of the poorest countries in the world. Access to quality education is one of the priorities of the programme, as reaffirmed in our new Policy for International Development, One World, One Future published in May 2013. At a global level, Irish Aid provides support to education, both directly to the education sectors of selected Key Partner Countries and through the Global Partnership for Education and civil society partners. Ireland is also working internationally to ensure a continued focus on good quality education, at primary level and beyond, in the context of the negotiations at the UN on the follow-up framework to the Millennium Development Goals, post-2015.
At a national level, Irish Aid provides strong support for development education. We take a strategic approach, with targeted funding support in a number of areas. These include the development of a number of partnerships to support the implementation of the Irish Aid Development Education Strategy 2007-2015. We have developed partnerships focused on initial teacher education, post-primary schools and capacity building for the development education sector. In addition, support is provided through annual grants for the implementation of innovative, results focused initiatives that support the achievement of the Development Education Strategy.
Officials from my Department who manage Irish Aid’s development education work are also actively involved in the Global Education Network Europe, a network of EU member States. GENE works to assist national Governments in improving their approaches to development education and provides an important peer learning support function for all members. To underline the importance we attach to development education, two advisors with development education expertise have recently been appointed to the Irish Aid Expert Advisory Group, the independent group which provides external advice on the Irish Aid programme. I am confident that Irish Aid will continue to draw on best practice in its approach to global education, both in our partner countries, at multilateral level and at home.
Disaster Response
Questions (126)
Terence Flanagan
Question:126. Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade his views on correspondence (details supplied) regarding the Korean ferry disaster; and if he will make a statement on the matter. [26912/14]
View answerWritten answers
On 22 April I wrote to the Minister of Foreign Affairs of the Republic of Korea, Mr. Yun Byung-Se, to convey, on behalf of the Government and people of Ireland, our deepest sympathy to the injured and bereaved following the sinking of the Sewol ferry on 16 April. I also emphasised that the people of Ireland had been deeply moved by reports of those affected by the disaster, and by the heroic rescue efforts made.
Carbon Tax Implementation
Questions (127)
John Browne
Question:127. Deputy John Browne asked the Minister for Finance the reason a carbon tax is imposed on smokeless coal; and if he will make a statement on the matter. [27001/14]
View answerWritten answers
Carbon Tax is based on the carbon emissions of fossil fuels. The carbon tax on coal, therefore, is not based on smoke emissions but rather the carbon emissions which are the same regardless of whether the coal is smokeless or smoky.
Fiscal Policy
Questions (128)
Micheál Martin
Question:128. Deputy Micheál Martin asked the Minister for Finance if he will report on the Fiscal Advisory Council and its recent recommendations to Government; and if he will make a statement on the matter. [27165/14]
View answerWritten answers
The Fiscal Council's most recent Fiscal Assessment Report was published on 17th June 2014. The Fiscal Council's analysis and recommendations are being considered by my Department, and will feed into the preparation of its updated economic and fiscal projections in the Budget. As is my usual practice, we will be publishing a comprehensive response to this report.
Firstly, it is important to note that the report stated that the fiscal stance remains conducive to prudent economic and budgetary management and that the Government is complying with the fiscal rules. The Council recommends that there should be no deviation from the €2 billion consolidation in 2015. Let me be clear. The Government has repeatedly said that it will do whatever is necessary to ensure that the 3% of GDP target will be met. Ireland has consistently met or exceeded the fiscal targets to date and Budget 2015 will set out the measures necessary to achieve this goal. The composition of Budget 2015 measures will be finalised in the context of budgetary discussions, informed by the latest economic and fiscal data.
The Council also states that the Government's recently published fiscal adjustment plans for 2016-18 appear to go beyond the minimum requirements of the new fiscal framework. The rules specify the need to make progress towards the medium term objective (MTO) of a balanced budget after taking into account the impact of the economic cycle (i.e. in structural terms). In particular, the preventive arm sets out the requirement for an annual correction in the level of the structural balance (an improvement of 0.5 per cent per annum as a benchmark), without specifying when this position should be achieved.
In contrast, the Treaty on Stability, Coordination and Governance in the EMU (sometimes referred to as the 'fiscal compact') tasked the European Commission with producing an actual timetable for participating Member States to achieve their MTOs. Last summer, the Commission outlined that Ireland should achieve its MTO by 2018. On this basis, the April 2014 Stability Programme Update set out a path for achieving a balanced budget by 2018. Until the 2014 Country Specific Recommendations (CSRs) are formally adopted by the European Council (early July), Ireland remains subject to the requirement of meeting the 2018 deadline.
Following discussions on the necessary consistency between the fiscal compact and the Stability and Growth Pact (SGP), and ahead of the formal adoption of the 2014 CSRs, the European Commission has clarified that the deadline for MTO achievement is not fixed but the required annual improvement in the structural balance is. Consistent with SGP rules, Member States not at their MTOs must improve their structural balance by at least 0.5 per cent of GDP per annum.
So, in summary, last year the requirements of the fiscal compact set out a deadline for MTO achievement, whereas from this year onwards, the focus will be on the required fiscal effort. Therefore, once the 2014 CSRs are formally adopted, we will no longer need to reach a balanced budget by 2018; instead, we will have to deliver the required annual improvement in the structural balance.
Central Bank of Ireland Investigations
Questions (129)
Dara Murphy
Question:129. Deputy Dara Murphy asked the Minister for Finance if the Financial Regulator was instructed to only investigate irregularities in payment protection schemes prior to 2007; and if he will make a statement on the matter. [26587/14]
View answerWritten answers
I have been informed by the Central Bank that it conducted a review of the sale, from 1 July 2007 only, of Payment Protection Insurance by firms. It did not include sales prior to 1 July 2007. The Central Bank's Consumer Protection Code came into effect on 1 July 2007. This put the Code's requirements in relation to Knowing the Consumer and Suitability onto a statutory basis and thus enforceable by the Central Bank from that date. Therefore 1 July 2007 was set as the commencement date for the Review.
Departmental Agencies Staff Recruitment
Questions (130)
Michael McGrath
Question:130. Deputy Michael McGrath asked the Minister for Finance further to Parliamentary Question No. 72 of 12 June 2014, if he will provide full details of all staff vacancies in the National Treasury Management Agency, including the National Asset Management Agency; the title of the position vacant; the length of time it has been vacant; the functional area to which it belongs; the indicative remuneration package that applies; if not available, then the amount the previous incumbent of the position was paid; and if he will make a statement on the matter. [26599/14]
View answerWritten answers
The new positions primarily reflect the proposed establishment of the Ireland Strategic Investment Fund (ISIF), which will have a mandate to invest on a commercial basis in a manner designed to support economic activity in Ireland, as well as the recruitment of additional IT specialists, on a one year fixed-term basis, to address project requirements in the IT security, national debt, State claims and treasury management areas. NAMA staff are employed on the basis of specified purpose contracts - their employment lasts for as long as NAMA requires their particular function.
The NTMA's business model is designed to support it in acting commercially to achieve its business objectives. Under the NTMA business model there are no general pay grades and staff are employed on the basis of confidential individually negotiated contracts. Aggregate information on NTMA (including NAMA) remuneration is set out each year in the NTMA Annual Report.
|
POSITION |
VACANT SINCE |
FUNCTION |
|
NTMA |
|
|
|
Chief Risk Officer (CRO) |
New position |
Risk |
|
Dealmakers / Corporate Financers |
New positions |
Ireland Strategic Investment Fund |
|
Co-Investor Development Manager |
New position |
Ireland Strategic Investment Fund |
|
Sector Specialists - Energy / Food / Technology |
New positions |
Ireland Strategic Investment Fund |
|
Private Equity Managers |
New positions |
Ireland Strategic Investment Fund |
|
Credit / Project Finance Managers |
New positions |
Ireland Strategic Investment Fund |
|
Investment Analysts |
New positions |
Ireland Strategic Investment Fund |
|
Head of Internal Audit |
9th June 2014 |
Legal & Compliance |
|
Head of Clinical Risk |
Advertised on 16th May 2014. Vacancy to occur from 31 August 2014 |
State Claims Agency |
|
Clinical Claims Manager |
4th June 2014 |
State Claims Agency |
|
Lean Six Sigma Expert |
New position |
Financial Planning and Analysis |
|
IT Security Administrator |
New position |
IT |
|
IT Security Administrator eDiscovery |
New position |
IT |
|
Oracle Analyst Programmer |
New position |
IT |
|
Oracle Business Intelligence Developer |
New position |
IT |
|
Software Tester / QA Analyst |
New position |
IT |
|
NAMA |
|
|
|
Analyst (Application Support) |
New position |
Systems Architecture and Support |
|
Financial Analyst (Project Management) |
Advertised on 9th June 2014. Vacancy to occur from 31 August 2014 |
Finance |
|
Financial Planning and Analysis Assistant Manager |
New position |
Finance |
NAMA Debtor Agreements
Questions (131)
Terence Flanagan
Question:131. Deputy Terence Flanagan asked the Minister for Finance if the National Asset Management Agency is ensuring that its debtors who were property builders or developers are being made to downsize their mansions to smaller homes as part of their settlement with NAMA; and if he will make a statement on the matter. [26602/14]
View answerWritten answers
NAMA is obliged to deal with the principal private residences of its debtors on a case-by-case basis by reference, inter alia, to all relevant legislation and the particular security arrangements in place. NAMA advises that its approach is to ensure that any equity in a debtor's principal private residence must be available to NAMA to apply towards debt repayment. Agreements reached with debtors in this context may include a requirement to dispose of their principal private residence and to replace it with one that is appropriate to their means and their financial circumstances.
IBRC Mortgage Loan Book
Questions (132)
Michael McGrath
Question:132. Deputy Michael McGrath asked the Minister for Finance if he will address the concerns of an Irish Bank Resolution Corporation mortgage holder raised in correspondence (details supplied); and if he will make a statement on the matter. [26608/14]
View answerWritten answers
I have been advised by the Special Liquidators that 64% of the residential mortgage portfolio of Irish Bank Resolution Corporation Limited (in Special Liquidation) has been sold to two buyers, namely Lone Star and Oaktree Capital Management, L.P. In relation to the remaining residential mortgage loans the Special Liquidators will now devise and manage a further sale process in respect of these unsold assets in a manner that maximises the return to all remaining creditors of IBRC, including the State. Those borrowers whose loans have not yet been sold will be receiving communication from the Special Liquidators over the coming weeks.
I have been informed by the Special Liquidators that the sale of a residential mortgage does not change the terms and conditions of the loan agreement in any way. Irrespective of who acquires the loan(s) they will be required to honour the legal terms and conditions of the existing loan agreement(s), including previous restructuring arrangements put in place as well as offers made to customers prior to the sale. The terms and conditions of a mortgage continue to apply on the sale of the mortgage and the lender may have discretion with regard to the interest rate charged depending on these terms and conditions. As Minister for Finance, I do not regulate interest rates and this situation applies to both regulated entities such as the banks and unregulated entities. The Government is keenly aware of the concerns raised by the Central Bank and others regarding the potential loss of protection under the Code of Conduct on Mortgage Arrears (CCMA). The Government is committed to bringing forward legislation that will protect mortgage holders and believes the sale of loan books to unregulated third parties Bill is the most effective way to address the issue in a comprehensive manner. The legislation will ensure the protection of the CCMA or any replacement code in the future will continue to apply to mortgages which are sold to unregulated financial service providers.
In the interim the Government has always been clear that we fully expected that any purchaser of the IBRC mortgage portfolio would service the loan books in accordance with the CCMA. The two purchasers of the IBRC residential mortgage loans to date, Loanstar and Oaktree, have both committed to servicing these books in accordance with the terms of the CCMA.
Tracker Mortgage Data
Questions (133)
Pearse Doherty
Question:133. Deputy Pearse Doherty asked the Minister for Finance the number of transfers of tracker mortgages to new homes AIB has facilitated since it announced the move in March; and if he will make a statement on the matter. [26637/14]
View answerWritten answers
As the Deputy will be aware during March, AIB Group (including EBS & Haven) announced its intention to launch a tracker rate retention offer (non forbearance) in the summer. I have been informed that the Bank is working to introduce this product on 1 July 2014 and full details of the offer and application process will be announced at that time.
Mortgage Schemes
Questions (134, 135)
Terence Flanagan
Question:134. Deputy Terence Flanagan asked the Minister for Finance the status of mortgage indemnity insurance, also known as mortgage indemnity guarantee; if the proposal in Construction 2020 for a mortgage insurance scheme for first-time buyers is implemented, his views on whether this represents doubly insuring lenders for the same risk thereby perpetuating the idea that lenders are not sharing in the risks of mortgage lending; if the premium cost of either, or both, insurance schemes is to be borne by the mortgage holder or the lender; his views on the lender being the sole beneficiary of any claim, while the mortgage holder still retains legal responsibility for a shortfall, which in any event should not arise; and if he will make a statement on the matter. [26638/14]
View answerTerence Flanagan
Question:135. Deputy Terence Flanagan asked the Minister for Finance his views on whether implementation of a mortgage insurance scheme under the Construction 2020 strategy effectively represents the State giving a subsidy to lenders as they can then save their own money on mortgage indemnity insurance, which is normally taken out and paid for by lenders; and if he will make a statement on the matter. [26639/14]
View answerWritten answers
I propose to take Questions Nos. 134 and 135 together.
In Ireland's recent abnormal housing market, we have seen lending volumes decline dramatically. The banks are highlighting the lack of supply of houses in particular urban areas as a contributing factor for the lack of drawdown of approved mortgage facilities. I would look upon the development of this initiative as being an aid to encouraging and facilitating the supply of new homes particularly for young families.
In other jurisdictions, such as the UK and Canada, "mortgage insurance" markets have been developed to support bank mortgage lending, particularly to 'First Time Buyers'. Mortgage insurance allows banks to share the risk of mortgage lending, either with the public sector or with private sector insurance companies with the aim of increasing bank lending in general or to target groups.
My Department is committed, under 'Construction 2020 A Strategy for a Renewed Construction Sector', to examine the concept of a mortgage insurance scheme and how it might benefit new housing completions in the Irish market. The objective of any scheme would be to ensure adequate availability of mortgage finance on affordable terms for new completions, particularly for 'First Time Buyers', as the economy recovers. In doing so we would aim to provide the certainty needed to support greater levels of investment in new housing, with the associated benefits for the construction sector and ultimately for the consumer.
As the Construction Strategy mentions, my Department is undertaking an economic impact analysis which will assess the impact such a scheme would have on the Irish housing market, taking into consideration time limits, targeting 'First Time Buyers' or owner occupiers and focussing on new housing. I would like to assure the Deputy that the points he raised will be considered during the analysis process. The analysis will draw lessons from mortgage insurance initiatives undertaken in other countries and will include questions as to the appropriateness of a price cap as well as regional or geographic restrictions. Once this analysis has been completed and presented to me I will consider next steps.