Tuesday, 14 Jul 2015

Written Answers Nos. 1-106

Northern Ireland Issues

Questions (94)

Sean Conlan

Question:

94. Deputy Seán Conlan asked the Minister for Foreign Affairs and Trade if he will seek a commitment from the Secretary of State for Northern Ireland, Ms Theresa Villiers, that an independent inquiry will be carried out by the British authorities into collusion that took place between Unionist paramilitaries and the British armed forces and which resulted in the murder of Irish citizens; if he will call on the British authorities to hand over the relevant documentation, which has been sought for over 40 years by family members of those who were murdered; and if he will make a statement on the matter. [25703/15]

Written answers

Minister for Foreign Affairs and Trade

The fact that collusion occurred during the Troubles between British State forces and paramilitaries is a matter of public record. Successive Irish Governments, in our ongoing bilateral relations and through the European Court of Human Rights at Strasbourg, have raised the issue of collusion with the British Government.

We continue to do so, including in relation to a number of individual cases of long-standing concern such as the Dublin and Monaghan bombings and the case of the late Pat Finucane. In particular, we advocate that all relevant documentation be made available to be examined by the appropriate mechanisms. Such cases must be adequately addressed if we are to achieve a genuinely reconciled society.

Many families, including those bereaved by incidents in which collusion has been alleged, continue to deal not only with the awful pain of losing a loved one, but with the struggle for answers decades after these traumatic events. I understand and acknowledge the frustration of families who for too long have had to contend with inadequate mechanisms for addressing their cases. For that reason, the establishment of a new comprehensive framework for dealing with the past, as envisaged in the Stormont House Agreement, remains a priority of the Government. We believe that these mechanisms offer the best hope of helping the thousands of families touched by the Troubles – including those affected by collusion.

These institutions will include a Historical Investigations Unit (HIU) to take forward investigations into Troubles-related deaths, as well as an Independent Commission on Information Retrieval (ICIR) to enable victims and survivors seek and privately receive information about Troubles-related deaths. Good progress is being made on the establishment of these institutions which I believe will assist all victims, including the victims of collusion, in their quest for justice and the truth.

Questions Nos. 95 to 97, inclusive, answered orally.

Consular Services Availability

Questions (98)

Thomas P. Broughan

Question:

98. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the protocols in place to assist Irish citizens in countries where we have no ambassador or embassy in times of terrorist attacks, such as the recent tragedy in Tunisia; and if he will make a statement on the matter. [28215/15]

Written answers

Minister for Foreign Affairs and Trade

We have all been deeply shocked and saddened by the recent event in Tunisia, where three Irish citizens lost their lives in this terrible tragedy. I am sure that the whole House will join me in extending our heartfelt sympathy to the families of the deceased at this especially difficult time.

In countries where there is no resident Irish mission, diplomatic representation and consular assistance is provided to Irish citizens through our network of Honorary Consuls and by the accredited non-resident Irish Embassy. In the case of Tunisia, Ireland is represented in country by an Honorary Consul and through secondary accreditation by the Embassy of Ireland in Madrid.

Upon the Department learning of the incident, our Consular Emergency Response Plan was immediately activated. The Embassy in Madrid was immediately notified by the Consular Division of the Department. Embassy officials then quickly ascertained through its information network in Tunisia, the extent of the attack and the likely numbers of Irish citizens who might have been involved.

The Department's standing Consular Response Centre was immediately activated to offer assistance and advice to citizens in Tunisia and their families in Ireland.

The Ambassador and Consul based at the Irish Embassy in Madrid and accredited to Tunisia flew on the first available and most direct flight to Tunisia, arriving there a number of hours after the incident. They made contact with the Irish citizens in the region, provided consular support to the families of the deceased, met with the relevant authorities on the ground and maintained constant contact with the Consular team in Dublin.

Officials at my Department both at home and across the network of missions abroad, regularly review their crisis response plans so as to best serve and protect Irish citizens in such instances. In dealing with and responding to the tragic events of Tunisia, having these response plans in place allowed the Department of Foreign Affairs and Trade and this Government to appropriately meet the needs of Irish citizens who were involved in the tragedy.

In addition to the on-the-ground response that was mounted, the Government's Travel Advice for Tunisia was updated very soon after the incident. This decision was taken in the light of the attack and informed by consultations with various actors on the ground (such as Tunisian security forces, other EU partner missions in Tunis) who were well placed to advise. The Government's travel advice for Tunisia, as for all other countries, is kept under constant review by the Consular Division of my Department and updated as may be deemed necessary.

In the specific case of the travel advice for Tunisia, having consulted relevant agencies and our international partners, our travel advice was changed again on Friday 10 July, to advise against all non-essential travel, the second-highest warning category on our five-point scale for travel advice. We are now encouraging Irish visitors currently in Tunisia to review whether their presence in Tunisia is essential and, where this is not the case, we are advising them to leave by commercial means.

Our Embassy in Madrid, which is accredited to Tunisia, has been notifying Irish citizens resident in the country of the changes to the travel advice.

Irish citizens travelling or living abroad are strongly advised to register their travel and contact details online through the Department of Foreign Affairs and Trade's website. Registration enables the Department to establish contact with citizens more quickly in the event of an emergency. In having an overview of the number of Irish citizens who may be in an affected region, the Department is better facilitated in reaching, assisting and accounting for them when it activates its established protocols in responding to crisis situations.

Middle East Issues

Questions (99)

Aengus Ó Snodaigh

Question:

99. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs and Trade if he is aware that new data from Medical Aid for Palestinians show that 17 hospitals, 56 primary health care facilities and 45 ambulances were damaged or destroyed during Israel's attack on Gaza in July 2014, that the total cost of the conflict to Gaza's health care system is estimated at $50 million, and that 511 Palestinians died after their ambulances were obstructed; and if he will raise the issue with his Israeli counterpart. [28358/15]

Written answers

Minister for Foreign Affairs and Trade

I am aware of the report produced by Medical Aid for Palestine and other NGOs. This troubling report essentially confirms the view which I and many others expressed in the Dáil during the conflict last year, which was that both the scale and nature of the military action, and the high level of civilian casualties, inevitably led to the conclusion that the principles of distinction and proportionality were not being adequately respected, which they must be if the action is lawful. These views were very clearly conveyed to the Israeli authorities at the time, as reported to the House. There was of course no channel for making similar criticisms directly to Hamas and other groups on the Gaza side.

The cases and evidence contained in the report were submitted earlier by the three NGOs to the Commission of Inquiry set up by the UN Human Rights Council last year to investigate these and other aspects of the conflict. The Commission produced its report to the Human Rights Council on 22 June last. In debate in the HRC, Ireland welcomed the report, commended the Commission on what we saw as a careful and balanced assessment, and stated that we broadly agreed with its conclusions.

On 3 July, a draft resolution tabled by the Palestinian delegation, welcoming and following up on the Commission's report, was adopted by the Human Rights Council. Ireland and the other EU Member States who are members of the Human Rights Council voted in favour of it. In the course of these discussions at the HRC, Ireland's views on the conflict and the Commission report were again conveyed to both the Israeli and Palestinian authorities, at the HRC in Geneva and in capitals.

Undocumented Irish in the USA

Questions (100)

Brendan Smith

Question:

100. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the barriers that remain to immigration reform for undocumented Irish citizens in the United States of America; if there are any proposals in his Department to seek an increase in United States of America programmes allowing Irish citizens to live and work there; and if he will make a statement on the matter. [28338/15]

Written answers

Minister for Foreign Affairs and Trade

Achieving relief for undocumented Irish migrants in the US remains a priority for the Government in our contacts with the United States. Through our Embassy in Washington and our Consulates throughout the U.S., we continue to work closely on this agenda with high level Government contacts and with many other individuals and groups across Irish America and beyond. The aim of these contacts is to achieve relief for undocumented Irish migrants in the US and to improve channels for legal migration between Ireland and America.

The administrative measures announced last November by President Obama, which could benefit thousands of undocumented Irish immigrants based in the US, were very welcome. I am conscious however that they remain under legal challenge in US Federal Courts and that in any case legislation in Congress is still needed to build on what has been promised in President Obama's announcement. For that reason, the Government and our Embassy continue to avail of all contacts with the Administration and with Republican and Democratic political leaders to make the case for comprehensive immigration reform legislation.

To that end, the Taoiseach and I recently met with John Boehner, Speaker of the House of Representatives, and a number of his Congressional colleagues, when they visited Dublin. We both took the opportunity to re-emphasise the Government's wish to see comprehensive legislative reform so as to provide relief for the undocumented Irish and a legal pathway to allow for future Irish immigration to the US.

The Government has also repeatedly raised the issue of immigration reform during other high level visits with US officials. During the Taoiseach's visit to Washington for St. Patrick's Day, he met with President Obama, Vice President Biden as well as other senior US Administration figures and key Congressional contacts from both sides of the aisle. These meetings provided an important opportunity to reiterate our concerns in regard to the position of the undocumented Irish, to seek further information on the detail of President Obama's executive action and to encourage progress on a comprehensive legislative package by Congress.

I raised immigration reform issues when I met with Vice President Biden in Boston on 30 March. I have also discussed these matters on a number of occasions recently with US Ambassador O'Malley.

The Government as a whole, including my Department in Dublin and our Embassy in Washington, will continue to actively follow up on all of the issues raised in recent contacts with the US Administration, with Congress, in particular with the Republican leadership, and with the US Embassy in Ireland.

Consular Services Provision

Questions (101)

Aengus Ó Snodaigh

Question:

101. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs and Trade if his Department is still assisting the families and victims of those affected by the balcony tragedy in Berkeley in the United States of America and the attack on tourists in Sousse in Tunisia. [28356/15]

Written answers

Minister for Foreign Affairs and Trade

The Department of Foreign Affairs and Trade activated its Emergency Consular Response plan and its standing Emergency Consular Response Centre to give immediate consular assistance to those affected by the tragic events in both Berkeley and Sousse.

With regard to the Berkeley balcony collapse, the Consulate General in San Francisco and the Consular Division here in Dublin, remain in ongoing contact with the families of the deceased and injured and will continue to provide the highest level of consular assistance. Both the Consulate and Consular Division are also in ongoing contact with other concerned parties including the J1 travel companies and sponsoring organisations, and with the local Irish community organisations in San Francisco which have been providing magnificent support to the families and the J1 students who have been very upset by the tragic experience.

In common with the Government's general approach to consular cases and the right to privacy of those involved, it would not be appropriate to provide information on an individual basis as to the condition of the injured.

The investigation by the local District Attorney into the balcony collapse remains ongoing. While I welcome the investigation, it would be premature and unhelpful to anticipate the result of that formal investigation or possible next steps.

In respect of Sousse, in addition to the activation of the Department's Emergency Consular Response Centre in Dublin, an emergency consular response team led by Ambassador David Cooney in Madrid also travelled immediately to Tunisia to provide consular assistance on the ground to the families of the victims and to other affected Irish citizens.

I wish to reassure the Deputy that officials will continue to liaise with the families of those affected by both tragic incidents and will continue to provide them with any consular assistance they require. However, out of respect for the privacy of all the families involved, and in keeping with their wishes in this regard, my Department will not be commenting publicly on the assistance it provides.

Passport Services

Questions (102)

Patrick O'Donovan

Question:

102. Deputy Patrick O'Donovan asked the Minister for Foreign Affairs and Trade if he will consider engaging with Irish airlines to ensure persons are encouraged to check the expiry date of their passport as part of their online booking of a flight; and if he will make a statement on the matter. [28222/15]

Written answers

Minister for Foreign Affairs and Trade

In the peak season approximately 250 people are seen daily at our public counters in Dublin and Cork as they require passports in less than 10 day turnaround. Of these over 30 people avail of the one day turnaround.

A passport reminder service is available on the Passport Service website. This reminder service sends an e-mail, to those who have registered, three months before a passport is due to expire. Registration is simple and merely requires those interested to record their name, e-mail address and the expiry date of the passport. It is possible to register a number of different passports (e.g. all members of a family) using the one e-mail address with the reminder e-mail detailing which passport registered is about to expire. The reminder e-mail also provides details of how to renew the passport, where to obtain passport application forms, etc.

However, my Department faces a continual challenge in respect of people who only check the location and validity of their passport days or even hours before travel. I thank the Deputy for his constructive suggestion in order to address this.

My officials will raise this matter with Irish airlines at the next meeting of the National Facilitation Committee which comprises key stakeholders in the aviation sector.

I would encourage Deputies to use opportunities in their regular communications with constituents to remind them to check where their passport is, where their child's passport is and are all passports in date.

International Criminal Court

Questions (103)

Aengus Ó Snodaigh

Question:

103. Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs and Trade if he is aware that the Sudanese President, Mr. Omar Al-Bashir, who has an International Criminal Court warrant for his arrest over alleged war crimes, travelled to and from an African Union summit in South Africa unimpeded; his views on whether the International Criminal Court's legitimacy is in crisis after this event; and if he will make a statement on the matter. [28359/15]

Written answers

Minister for Foreign Affairs and Trade

The President of the Republic of Sudan, Mr Al Bashir, travelled to South Africa, to participate in the 25th Summit of the African Union, on 13 June 2015 and left on 15 June.

There are two International Criminal Court arrest warrants outstanding in relation to President Al Bashir. He is sought by the ICC in relation to a number of charges, including charges of genocide, war crimes and crimes against humanity. These charges arise out of an investigation conducted by the ICC Prosecutor in relation to a protracted conflict that existed in Darfur since 1 July 2002. The situation in Darfur, since 1 July 2002, was referred to the ICC by the UN Security Council in Resolution 1593 on 31 March 2005, using its authority under the Rome Statute establishing the International Criminal Court.

Full co-operation with the ICC is a pre-requisite for its effective functioning. Any State Party to the Rome Statute has an obligation to arrest and surrender to the ICC any ICC indictee present on its territory. On 13 June 2015, in the context of President Al Bashir's proposed attendance at the AU Summit in South Africa, the ICC Pre Trial Chamber issued a decision, following the ICC Prosecutor's request for an order further clarifying that the Republic of South Africa is under an obligation to arrest and surrender Al Bashir, which confirmed this obligation.

It is Ireland's established position, together with the EU and its Member States, that States Parties to the Rome Statute are obliged to execute ICC arrest warrants. Ireland expected South Africa to fulfil its commitments in this regard and is disappointed that it did not do so.

The legitimacy of the ICC is not in question. The Rome Statute has 123 States Parties. It is the first permanent international criminal judicial body. Ireland views the ICC as a vital element of the international criminal justice system. It represents a collective effort to end a culture of impunity for crimes which the international community regard as the most serious of all. The Court has faced many challenges since its establishment. The cases before the Court arise from complex and challenging situations. Nevertheless, with the continued support of States Parties, Ireland fully expects the Court to continue to fulfil its role in preventing impunity for the perpetrators of crimes against humanity, war crimes and genocide.

EU Issues

Questions (104)

Ruth Coppinger

Question:

104. Deputy Ruth Coppinger asked the Minister for Foreign Affairs and Trade if he will report on discussions held with his European Union counterparts following the "No" vote in the Greek referendum; and if he will make a statement on the matter. [28375/15]

Written answers

Minister for Foreign Affairs and Trade

On Monday of last week, I held wide-ranging bilateral talks with Polish Minister of Foreign Affairs Grzegorz Schetyna during his visit to Dublin. These discussions included the situation in Greece.

Both I and Minister Shetyna agreed on the importance, following the referendum, of the Greek Government resuming negotiations with fellow Member States in an effort to reach an agreement and provide certainty for the Greek people. I underlined the point that from an Irish perspective, the door remained open, and that we wanted to support the Greek Government in developing a programme and a strategy that would keep Greece in the Eurozone. I noted that there had been a real effort to find a way forward taking into account the situation in Greece as well as the existing parameters and commitments that must be respected.

Following the referendum, Finance Ministers of the euro area Member States (the Eurogroup) and Heads of State or Government of the euro area Member States (Euro Summit) have met.

The leaders have agreed in principle that they are ready to start negotiations on an ESM financial assistance programme for Greece.

Trade Strategy

Questions (105)

Seán Kyne

Question:

105. Deputy Seán Kyne asked the Minister for Foreign Affairs and Trade the progress made by his Department on the ten action points in the Trading and Investing in a Smart Economy strategy and the Action Plan for Irish Trade, Tourism and Investment to 2015, for which his Department is responsible. [28347/15]

Written answers

Minister for Foreign Affairs and Trade

“Trading and Investing in a Smart Economy”, the Government Trade, Tourism and Investment Strategy 2010-2015, is being implemented over the course of the current Programme for Government and was reviewed early last year in a process led by my Department and involving other relevant Departments, State agencies and the private sector.

As provided for in the Strategy, the Government established the Export Trade Council (ETC), which I chair, and Local Market Teams chaired by our Ambassadors in priority markets to strengthen cooperation and coordination across all Government Departments and State agencies involved in the promotion and development of trade, tourism and investment.

Following the completion of the Review last year, the original Plan of 25 individual Action Points linked to the achievement of numerical targets was revised into a framework of 16 Action Points. Members of the ETC reported on their activities against individual Action Points most recently at the ETC meeting on 4 November 2014.

I would draw the Deputy's attention to the following examples of progress, made by my Department over the last 18 months, on a selection of the reconfigured Actions Points:

- Build Ireland's profile abroad: The Department of Foreign Affairs and Trade opened eight new diplomatic missions over the past year across South East Asia, Europe, Africa and the Americas, which has widened the footprint of Ireland's diplomatic representation and has increased the profile of Ireland in key markets including Brazil, Indonesia and Thailand. These Embassies and Consulates will provide a platform for further promotion of Irish exports, investment, tourism and education.

- Maximise impact of St. Patrick's Day period worldwide: As part of the 'Reputation' theme of the revised Action Plan model, the 2015 St. Patrick's period saw 29 trade focuses visits led by the Taoiseach, Tánaiste and Ministers. Trade, tourism and investment in Ireland were promoted at 148 dedicated business events, attended by almost 18,000 Irish and international company representatives. As part of the Tourism Ireland “Global Greening” campaign, 170 iconic buildings and landmarks around the world turned green for St. Patrick's Day – in many instances these greenings were achieved due to direct support from the Embassy network.

- Maximise Ireland's access to international markets: My Department works through its Embassy network, and in cooperation with State agencies and the relevant Departments, to facilitate access to markets for Irish companies, including through organising introductions for business leaders, resolving market access barriers or advocating for better access to international markets for Irish products and services. For example, my Department worked closely with the Department of Agriculture, Food and the Marine towards the reopening of the US and Chinese markets to Irish beef.

- Maximise the impact of integrated trade missions: My Department's Embassy network continues to support Enterprise Ireland's programme of Ministerial-led international trade missions and works closely with Enterprise Ireland, IDA Ireland, Bord Bia and other State agencies to promote Ireland, Irish companies and Irish products overseas. Ministers attached to my Department have led nine trade missions or trade events in the last 18 months. In the past two months, for example, I led a major trade mission to South Africa and Minister of State Sherlock made trade focused visits to the UK, France and Estonia.

- Maximise opportunities presented by Joint Economic Commissions: My Department manages Joint Economic Commissions (JECs) with four countries, Russia, Saudi Arabia, South Korea and China. JECs offer significant opportunities to discuss greater access to international markets for Irish products and services and provide a forum for the resolution of existing market access barriers. JECs were held with Russia and the Republic of Korea in 2014, and it is intended to hold a JEC with China before the end of the year.

- Support overseas networks and maximise engagement with the Diaspora: My Department regularly engages with Irish people overseas in order to ensure that we are leveraging the potential of our diverse and influential Diaspora. An important element of that engagement is the Global Irish Network, a network of 300 of the most influential Irish and Irish-connected people abroad who provide Ireland with valuable international expertise. The Network works closely with the Government and State agencies in promoting Ireland's economic, cultural and tourism messages in key markets. Minister of State Deenihan and I also launched “Global Irish: Ireland's Diaspora Policy” earlier this year, and in November, my Department will host the 4th Global Irish Economic Forum.

The current Government Trade Strategy runs to the end of 2015 and the focus of Departments, the Embassy network and the State Agencies is on its continued implementation over the remainder of its lifetime. My Department, in consultation with the Embassy network and other Government Departments, State agencies and private sector members of the ETC, would propose to conduct a scoping exercise towards the end of the year to examine options for future approaches in the trade, tourism, investment and education areas.

International Agreements

Questions (106)

Mick Wallace

Question:

106. Deputy Mick Wallace asked the Minister for Foreign Affairs and Trade his views on the recent reports of Saudi Arabia using United States of America-supplied cluster munitions in its air strikes in Yemen, particularly in view of Ireland's profile on the banning of such weapons; and if he will make a statement on the matter. [28400/15]

Written answers

Minister for Foreign Affairs and Trade

I have taken careful note of recent reports of use of cluster munitions, including their alleged use in Yemen. These well documented reports by Human Rights Watch of alleged use of cluster munitions by the Saudi led coalition in Yemen are a cause of deep concern to me. This concern has been expressed by Ireland at the recent Intersessional Meetings to the Convention on Cluster Munitions held in Geneva in June. Ireland regularly urges all countries who have not signed or ratified the Cluster Munitions Convention, including the States which form the Saudi led coalition in Yemen, to sign and ratify the Convention and to cease use of these indiscriminate weapons.

Ireland continues to support and encourage universalisation of the Convention on Cluster Munitions in all multilateral fora and is deeply concerned about reports of any use of cluster munitions.

The Convention prohibits all use, transfer, and stockpiling of cluster munitions, and I call upon all states, including those States who have not signed the Convention, as well as non-state actors to refrain from using these weapons.

The Convention on Cluster Munitions (CCM) was adopted at a Diplomatic Conference in Dublin in 2008. Ireland has been a major supporter of the movement to ban cluster munitions from the very outset of this initiative. The Convention entered into force on 1 August 2010 and as of 8 July 2015 a total of 116 states have joined the Convention (92 States parties and 24 Signatories).

My Department is now preparing for the First Review Conference to the Convention which will take place in Croatia in September 2015, which presents an important opportunity to further strengthen and solidify the growing international norm against the use and retention of these inhumane weapons.