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Thursday, 22 Jan 2015

Written Answers Nos. 34-42

Undocumented Irish in the USA

Questions (34)

Brendan Smith

Question:

34. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the actions he has taken to progress the regularisation of Irish citizens currently undocumented in the United States; and if he will make a statement on the matter. [2604/15]

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Written answers

Achieving relief for undocumented Irish migrants in the US is a priority for the Government in our bilateral relationship with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., we continue to work closely with our high level Government contacts and with many other individuals and groups across Irish America and beyond towards achieving some relief for undocumented Irish migrants in the United States and improved channels for legal migration between Ireland and America.

As the House is aware, last November President Obama announced new measures which should benefit thousands of undocumented Irish immigrants based in the US. Pending further possible measures being considered by the US Congress, the President’s announcement is a step forward which will undoubtedly have a positive impact on immigrants’ lives. At the core of his proposals is that undocumented immigrants in the US for more than 5 years, who have children who are US citizens or legal residents, who register, go through background checks and pay their taxes, will be protected from deportation and given temporary legal status.

Work continues within the US administration to finalise all the details and bring these measures into force. This will be a major administrative and logistical exercise, with current indications that the application process will be in place sometime later this year.

I am determined that as many Irish citizens as possible will benefit from these changes and, to that end, our missions in the US will continue to work in partnership with the Irish immigration centres there whose work my Department supports.

While these executive measures clearly represent real progress, I’m well aware that some will not benefit from these new arrangements and that our work for further changes in this area must be pushed forward through encouraging legislative action in Congress.

Through our Embassy and Consulates in the U.S. and through direct political contacts with the Administration and all sides in Congress, we will continue to encourage further steps that will reflect the concerns and needs of the undocumented Irish and their families, as well as ensuring improved channels for legal migration between Ireland and America.

Our Ambassador and her team in Washington are continuing their ongoing engagement with the US administration on this priority issue for the Government. We also keep in close contact with the US Ambassador to Ireland and his team at the US Embassy.

International Agreements

Questions (35)

Seán Crowe

Question:

35. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade his views on recent agreements by the US and Cuba aimed at normalising relations between the two countries; if he will support any efforts to lift the illegal blockade of Cuba; and his views on sending a delegation to Cuba to improve bilateral and trade relations. [2643/15]

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Written answers

I warmly welcome the historic decision by President Obama and by President Castro on the restoration of full diplomatic relations between the United States and Cuba. As noted in my press statement of 19 December 2014, this is a positive step towards the normalisation of relations between the two countries.

Ireland’s concerns about the US economic, commercial and financial measures against Cuba are long-standing and clear. Ireland and the other member states of the European Union are firmly of the view that the lifting of the embargo would facilitate an opening of the island’s economy to the benefit of its people. In addition, we and our EU partners do not believe that the continued embargo contributes in a positive way to the democratic transition in Cuba. We have expressed this position in our support for the relevant resolutions at the UN General Assembly, most recently on 28 October last year. We have recorded also our strong opposition to the extraterritorial application of the legislation giving effect to the embargo.

The US embargo against Cuba is codified in legislation passed by Congress. President Obama has indicated his willingness to engage with Congress in an honest and serious debate about lifting the embargo. We welcome the President’s efforts in this regard also.

The recent UN debate recorded continued concerns and criticisms regarding governance and human rights in Cuba. It was noted that while the US embargo has a damaging effect on the Cuban economy, domestic Cuban economic policy seriously hampers its own economic development. Together with our EU partners we have urged that the package of economic and social reforms adopted by the Cuban Parliament in August 2011 be extended and implemented in a manner that will address the key concerns of the Cuban population.

I urge the Cuban authorities to bring about real improvements in all areas mentioned, and to grant its citizens internationally recognised civil, political and economic rights and freedoms.

In overall terms, our bilateral relations with Cuba are excellent and we are seeking to conclude a cooperation agreement as a basis for deepening our relations further. Our embassy in Mexico, which is accredited concurrently to Havana, will continue to liaise with the authorities there and to visit Havana.

Ministerial Dialogue

Questions (36)

Lucinda Creighton

Question:

36. Deputy Lucinda Creighton asked the Minister for Foreign Affairs and Trade if he will provide the selection process for the 40 businesses which met with Irish ambassadors, consuls general and senior diplomats over a three day conference starting 12 January 2015; and if he will make a statement on the matter. [2470/15]

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Written answers

The three-day conference, Representing the Global Island, which I convened last week, brought together more than 90 Irish Ambassadors, Consuls General and senior diplomats with the Taoiseach, Tánaiste, Government Ministers, other Government departments, the State agencies and representatives of Irish companies, as well as third level institutions and representatives of the creative sector.

The conference was also addressed by high level speakers including EU High Representative, Ms Federica Mogherini; the UN Secretary-General’s Special Envoy on Climate Change, Mary Robinson; and the UN Secretary-General's Special Adviser on Post-2015 Development Planning, Amina Mohammed.

At the conference, the Taoiseach and I together launched the Foreign Policy Review, The Global Island: Ireland’s Foreign Policy for a Changing World, which reflects the importance of my Department’s role in ongoing efforts to support recovery, growth, and job creation, in particular through trade, tourism, education, investment; and in the enhancement of Ireland’s international reputation.

The international promotion of trade, tourism, investment and education services is of course a key priority for the Department of Foreign Affairs and Trade with its Embassy network and was a central area of focus throughout the three-day conference.

A number of sessions were devoted to an overall theme of ‘Partnerships for Prosperity’. In the session entitled: ‘Where embassies add value - a dialogue with global Irish companies’, a panel of CEOs from three Irish companies with significant global reach offered their perspectives on Ireland’s place in the global trading economy and in particular, on how the Embassy network can work with and add value to such companies in the overall interest of Ireland. In order to ensure an appropriately diverse representation of views, having regard to industry sector, geographical spread and gender, the following panellists were invited to address the conference: Mr Dómhnal Slattery, Chief Executive Officer, Avolon; Ms Siobhán Talbot, Group Managing Director, Glanbia; Mr Dave Murphy, CEO, PM Group.

In order to focus attention on emerging and high potential markets, four Round-Table Discussions were convened, covering four market regions - Asia, Latin America, Africa and Middle East. These sessions, which involved limited numbers, having regard to space considerations, were intended to look at market opportunities and challenges in the respective regions, as well as providing practical insights into the value of the Embassy network and to offer ideas on how the interaction between the network and Irish business could be further enhanced. The discussions brought the relevant Ambassadors, Consuls General and State agency representatives together with companies active in the region, as well as with members of the business community and their representative organisations.

A number of other conference events were also attended by business representatives. Invitations to a number of sessions were extended to the private sector members of the Export Trade Council, which I chair, which facilitates strengthened cooperation and coordination across all Government Departments and State agencies involved in the promotion and development of trade, tourism, investment and education services, and oversees the implementation of the Government Trade, Tourism and Investment Strategy, and its Review, published early last year.

The invitation to business people to participate at the conference took account of their engagement with my Department and the Embassy network and suggestions from the State agencies with whom we co-operate very closely. I very much value the contribution they made to the success of the conference and I can assure the Deputy that we will continue to work closely with Irish business at home and abroad to build economic recovery and achieve the Government target of full employment.

Action Plan for Jobs

Questions (37)

Seán Kyne

Question:

37. Deputy Seán Kyne asked the Minister for Foreign Affairs and Trade if he will report on the expansion of the embassy network with particular reference to the "Winning Business and Jobs" abroad strand of the Action Plan for Jobs, and if further development of consulates such as that in Austin, Texas, which is based on a multi-agency approach, is under consideration. [2602/15]

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Written answers

The Government’s Trade, Tourism and Investment Strategy (2010-2015) is being implemented over the course of the current Programme for Government. It was reviewed in a process led by my Department and involving relevant Departments, State agencies and private sector members of the Export Trade Council.

In the Review, published in February 2014, the original plan of 25 individual Action Points linked to the achievement of numerical targets was revised into a framework of 16 Action Points grouped under three main themes: Reputation, Facilitating and Enabling, and Winning Business and Jobs, the latter in particular linking closely with the Action Plan for Jobs.

In implementing the ‘Winning Business and Jobs’ theme, and taking account of the new market approach set out in the Review, over the past twelve months the Department of Foreign Affairs and Trade has opened new Embassies and Consulates General in key locations in Asia, Europe, Africa and the Americas which will provide a platform for the further promotion of Irish exports, investment, tourism and education. In certain of these locations, including Hong Kong, Sao Paulo, and Austin, Texas, the newly-opened Consulates General will complement Ireland’s existing State agency presence in these priority markets. This will facilitate the close engagement between these new Consulates General and the State agencies which is enjoyed in other countries where Ireland’s Embassies, Consulates, and State agency offices are co-located.

A further aspect of the Department of Foreign Affairs and Trade’s contribution to “Winning Business and Jobs” is the Department’s continued close cooperation with Enterprise Ireland, IDA Ireland, Bord Bia and other State agencies to promote Ireland, Irish companies and Irish products overseas. This is particularly the case in relation to the preparation for and implementation of high-level visits - such as the State Visit by President Higgins to the UK last year - and Enterprise Ireland and other Ministerial-led trade missions and events, of which 19 took place during 2014.

The scale and deployment of our diplomatic network is reviewed periodically.

Human Rights Issues

Questions (38)

Seán Crowe

Question:

38. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that the human rights defender Mr. Nabeel Rajab will be tried in Bahrain on 20 January 2015 on charges of insulting the Bahraini security services in a Twitter post and that Mr. Rajab visited Europe in September 2014 in an advocacy mission to European capitals; if he has discussed the upcoming trial with his European counterparts; and if he will raise concerns over the case with the Bahraini Government. [2644/15]

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Written answers

I am familiar with the case of Mr Nabeel Rajab and the circumstances of his arrest last year, and that the charges against him reportedly relate to ‘publically insulting official institutions’ under Article 216 of the Bahraini penal code on foot of an opinion he expressed on Twitter.

On Tuesday of this week, Mr Rajab was reportedly sentenced to six months in prison. The apparent arrest, detention and prosecution of Mr Rajab for the peaceful exercise of the right to freedom of expression is of great concern.

Previously, Mr Rajab was released from prison in May 2014, and, thereafter, he continued his work as an important voice on human rights matters in Bahrain, including, inter alia, by his participation in the work of the UN Human Rights Council in Geneva. Officials from my Department met with Mr Rajab after his May 2014 release to discuss with him the circumstances of his previous detention and the human rights situation in Bahrain more generally. In 2013, the UN Working Group on Arbitrary Detention found that Mr. Rajab’s previous period of detention was arbitrary.

Ireland has always attached priority to safeguarding the position and rights of human rights defenders and has continually advocated that civil society actors must be free to operate in a safe and enabling environment, free from repression. Ireland’s concerns on such human rights issues in Bahrain have been conveyed regularly to the Bahraini authorities.

Ireland was one of 47 member states who delivered a joint statement expressing serious concern over the human rights situation in Bahrain at the 26th Session of the UN Human Rights Council in June of 2014. In the statement, the signatories expressed their concern regarding the protection of human rights in Bahrain and called on the government to expedite the implementation of the recommendations received from the Bahrain Independent Commission of Inquiry in this regard.

At the 27th session of the Human Rights Council in September 2014, in a national statement, Ireland welcomed the positive steps taken by the authorities in Bahrain with respect to cooperation with the Office of the High Commissioner for Human Rights while again expressing our serious concerns about the human rights situation, in particular condemning ‘the continuing arbitrary detention of human rights defenders, detained for peacefully exercising their human rights’. The situation faced by human rights defenders in Bahrain has also been raised with the UN Special Rapporteur on human rights defenders.

Human rights defenders, whether in Bahrain or elsewhere, should not be detained for simply exercising their rights, and all those arbitrarily detained in such circumstances should be immediately released. As noted by the spokesperson for the Office of the UN High Commissioner for Human Rights last year, the detention of high profile human rights activists like Mr Rajab ‘sends a chilling message to other lesser-known activists of the consequences they may face for any criticism of the authorities’.

Ireland will continue to follow closely the human rights situation in Bahrain and to monitor the case of Nabeel Rajab in this context.

Overseas Development Aid

Questions (39)

Maureen O'Sullivan

Question:

39. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade in view of the significant EU annual development aid budget if he is satisfied that enough is being done to ensure aid effectiveness; his view on whether the militarisation of EU foreign policy does not undermine or jeopardise that budget; and if he will pursue these matters at EU level. [2540/15]

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Written answers

I would like to assure the Deputy that the overarching goal of the European Union's development policy remains the eradication of poverty in a sustainable manner, within the framework of the Millennium Development Goals (MDGs).

Negotiations are currently under way on a new framework to succeed the MDGs beyond 2015 and Ireland is playing a significant role in this process, having been appointed as co-facilitator of the intergovernmental negotiations taking place at the United Nations. When they are agreed later this year, these new Sustainable Development Goals will provide the framework for the development policy of the EU and all of its Member States, including Ireland.

As the Deputy has pointed out, the EU’s annual aid budget is significant; in fact, the EU and its member states are collectively the largest provider of development assistance in the world, providing over half of global ODA. Since 2011, the basic principles of the EU’s approach to development assistance have been reaffirmed in the Agenda for Change, a challenging agenda which focuses specifically on aid effectiveness.

The main instrument through which the EU delivers aid to the world’s poorest countries is the European Development Fund (EDF). Over the 7-year period from 2014 to 2010, over €30 billion in development assistance provided by the Member States on an assessed basis will be channelled through the EDF to the Africa, Caribbean and Pacific regions, with over 92% of country allocations going to Africa and over 85% to Least Developed and Low Income Countries. The new EDF cycle is even more focused on those countries most in need than the previous cycle, which ran from 2007 to 2013. The EDF focus on the poorest countries is in line with the Ireland’s international cooperation strategy, One World One Future which was launched in May 2013.

The EDF is subject to various forms of rigorous monitoring and evaluation by a number of different and separate bodies: the European Court of Auditors; the EU’s Results-Oriented Monitoring; the EU’s Evaluation Unit; the European Parliament; and Donors including Ireland. Ireland actively engages with other EU Member States on the EDF Management Committee. EDF programming that affects our bilateral development partners is further scrutinised by our Embassies in partner countries.

I can assure the Deputy that Ireland, our fellow Member States and the EU are fully committed to working together to ensure that the aid we provide, both bilaterally and through the EU’s development instruments, has a real impact. An overriding priority, and one which informed our participation in Mexico at the inaugural meeting in June 2014 of the High Level meeting for the Global Partnership for effective Development Cooperation, is to renew momentum on strengthening aid effectiveness at country level. This is critical to ensuring that the environment in which Irish Aid and EU programmes are delivered is conducive to maximising their developmental impact.

The European Security Strategy and the EU Consensus on Development acknowledge that there cannot be sustainable development without security, nor can there be sustainable peace without development.

Diplomatic Representation

Questions (40)

Clare Daly

Question:

40. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade his views on diplomatic immunity and on whether this may not be invoked as an excuse for torture or complicity with torture. [2661/15]

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Written answers

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that provides a framework for diplomatic relations between states. To date, it has been ratified by 190 countries. The Convention provides for privileges and immunities for diplomats and certain other persons working in embassies. These diplomatic immunities are intended to facilitate the conduct of effective diplomatic relations without envoys being fearful of being impeded in their functions. The Vienna Convention stipulates that the purpose of immunities is to ensure the efficient performance of diplomatic functions and not to benefit individuals, and the Convention expressly requires diplomats to respect the laws and regulations of the host State. Consistent with the State’s obligations under the Vienna Convention, my Department works to ensure that the law is upheld and my Department will assist, as appropriate, in any investigation being undertaken by the relevant Irish authorities.

Ireland condemns, at the highest level, all forms of torture and ill-treatment. We strongly believe that the absolute prohibition of torture is one of the cornerstones of the international human rights framework and we recall that all countries are obligated to comply with this unconditional prohibition and that no exceptional circumstances may be invoked as a justification for torture or any other form of ill-treatment.

Ireland is fully committed to the prevention and eradication of torture and other forms of cruel, inhuman or degrading treatment or punishment, including through our work in the EU and in other international fora such as the United Nations, the International Criminal Court, the Council of Europe and the Organisation for Security and Cooperation in Europe.

Ireland signed the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) on 28 September 1992, and ratified it on 11 April 2002. Ireland also signed and ratified the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on 14 March 1988.

Ireland's commitment to eradicating torture is further demonstrated through our support for the United Nations Voluntary Fund for Victims of Torture. Ireland’s contribution to the Voluntary Fund has remained unchanged at €85,000 for the last five years.

Civil Registration Legislation

Questions (41)

David Stanton

Question:

41. Deputy David Stanton asked the Tánaiste and Minister for Social Protection if all sections of the Civil Registration (Amendment) Act 2014 have been enacted, in particular the sections relating to weddings being held outdoors; and if she will make a statement on the matter. [3062/15]

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Written answers

The Civil Registration (Amendment) Act 2014 was enacted on 4 December 2014.

The Act includes provisions to clarify what constitutes a “place that is open to the public”. This is to ensure that the public policy objectives with regard to the solemnisation of marriages in both outdoor and indoor venues are upheld.

The Act contains a wide range of provisions and these will be commenced, where required, on a step by step basis. The provisions of the Act will be put into operation on the basis of an implementation plan involving both procedural and system changes. It is intended that this work will be progressed as quickly as possible.

Rent Supplement Scheme Applications

Questions (42)

Bernard Durkan

Question:

42. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the documentation still outstanding in respect of a rent allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3066/15]

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Written answers

The client concerned has been requested to provide the Department with a lease agreement, a housing need assessment, payslips that will verify resident children's current income from employment and details of any savings accrued through the sale of the family home.

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