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Thursday, 28 Apr 2016

Written Answers Nos. 127-132

Aviation Industry

Questions (127)

Clare Daly

Question:

127. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade if drones operated by the military of the United States of America that are overflying any jurisdiction anywhere in the world are controlled or operated from any location in Ireland; if permits for such activities have been sought or issued; and if he will make a statement on the matter. [8714/16]

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Written answers

My role in relation to foreign military aircraft, as defined in the Air Navigation (Foreign Military Aircraft) Order of 1952, is confined to whether or not to grant permission to such aircraft to fly over or land in the State. I have no statutory function in relation to overflights or landings by foreign military aircraft in other jurisdictions.

Aviation Industry

Questions (128, 129)

Clare Daly

Question:

128. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade further to Parliamentary Question No. 149 of 21 April 2016, the protocol and criteria he uses in assessing applications for permits to carry munitions through Irish airspace, including whether he seeks opinions for every permit, and if not, the reason he seeks advice in some instances, but not in others; and the basis on which he refuses an application for a permit to carry munitions through Irish airspace. [8716/16]

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Clare Daly

Question:

129. Deputy Clare Daly asked the Minister for Foreign Affairs and Trade the evaluations and investigations he has undertaken, when consulted by the Department of Transport, Tourism and Sport, as part of the munitions permit application process, that lead to conclusions regarding the likelihood that munitions being carried through Irish airspace will or will not be used to commit war crimes or human rights abuses. [8717/16]

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Written answers

I propose to take Questions Nos. 128 and 129 together.

The Minister for Transport, Tourism and Sport has primary responsibility for the regulation of foreign civil aircraft in Ireland. Under the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Order of 1973 the carriage of munitions of war is prohibited on civil aircraft through Irish airspace or airports unless an exemption has been obtained in advance from the Minister for Tourism, Transport and Sport. Questions concerning the operation of the application process are a matter for that Department.

When the operator of a civil aircraft makes an application to the Minister for such an exemption the Minister seeks the advice of relevant Government Departments and agencies. My Department is consulted in relation to any foreign policy issues that may arise and may provide observations to the Department of Tourism, Transport and Sport which takes the final decision on all applications.

In considering applications circulated by the Department of Tourism, Transport and Sport, my Department examines the nature of the munitions that it is proposed to carry. My Department will recommend against granting an exemption where the munitions in question are non-discriminatory in their effects. This policy stems from Ireland’s clear objection to “indiscriminate weapons” and is consistent with international humanitarian law (IHL) which regulates the conduct of armed conflict. A basic rule of IHL is that, in military operations, parties to an armed conflict must distinguish between combatants and civilians, and the use of a weapon which is inherently indiscriminate is prohibited.

Thus, as a matter of policy, my Department would recommend against granting an exemption for the carriage of items such as cluster munitions, anti-personnel landmines, chemical, biological, radiological and nuclear weapons. Additionally, my Department will generally recommend against granting an exemption for the carriage of grenades, bombs, missiles or rockets.

Ireland has been a strong advocate for the Arms Trade Treaty and was one of the first countries to sign and ratify the Treaty which entered into force on 24 December 2014. As a State Party Ireland will continue to advocate for implementation of the Treaty to reduce the risk of diversion, improve transparency and protect civilians by reducing the risks of weapons contributing to breaches in international humanitarian and human rights law, including the risk of weapons contributing to gender based violence.

Good Friday Agreement

Questions (130)

Brendan Smith

Question:

130. Deputy Brendan Smith asked the Minister for Foreign Affairs and Trade the status of the proposal to introduce a bill of rights in Northern Ireland as provided for in the Good Friday Agreement; the outcome of recent discussions with the British Secretary of State for Northern Ireland, Ms Theresa Villiers, the First Minister, Ms Arlene Foster, and the Deputy First Minister, Mr. Martin McGuinness in the Northern Ireland Executive in relation to this issue; and if he will make a statement on the matter. [8786/16]

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Written answers

Ireland’s commitment to the promotion and protection of human rights is an underlying principle of our foreign policy and is a priority for the Government. Placing human rights at the heart of the peace process in Northern Ireland has helped to ensure the participation and trust of all communities. As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles.

During the course of the Stormont House talks in late 2014, the Government advanced the view that a Bill of Rights could set out precisely and formally the rights upon which a shared society for Northern Ireland could be based. Sufficient consensus amongst the Northern Ireland Executive Parties did not exist to take this forward within the context of the Stormont House Agreement. However, the final Agreement provided that the Parties commit to serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination.

The Government’s firm position is that the Good Friday Agreement and its successor Agreements must be implemented in full. The Agreements, as well as the principles and values underpinning them, are at the core of the Government’s approach to peace, reconciliation and prosperity on this island. The Government will continue to work closely with the UK Government and with the power-sharing Executive in Belfast to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland.

Foreign Policy

Questions (131)

Finian McGrath

Question:

131. Deputy Finian McGrath asked the Minister for Foreign Affairs and Trade to take action regarding the blockade by the United States of America against Cuba (details supplied); and if he will make a statement on the matter. [8802/16]

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Written answers

I warmly welcome the easing of US banking restrictions in relation to Cuba, which should address the banking difficulties to which the Deputy refers. On 15 March 2016 the US Department of the Treasury’s Office of Foreign Assets Control announced significant amendments to the United States’ Cuban Assets Control Regulations, which took effect on March 16 2016. These amendments expand Cuban access to foreign financial institutions and allow for increased access to the Cuban banking system for institutions which had previously been at risk of sanctions imposed by the US government. These changes have come about as part of the re-establishment of diplomatic relations between the two countries in 2015 after a hiatus of 53 years. If the Deputy is aware of ongoing difficulties involving Irish banks, my Department will be happy to provide any assistance as may be helpful. I am not in a position to comment on the actions of UK banks.

The historic events of the past 18 months have seen immense progress in US-Cuba relations, enhanced by the visit of President Obama to Havana in March 2016. In addition to the full restoration of diplomatic relations, recent months have seen the two sides achieve significant agreements with regard to communications and travel between the US and Cuba.

Our concerns about economic, commercial and financial measures against Cuba are long-standing and clear. We no do not support unilaterally imposed measures that impede the economic and commercial relations of EU member states with Cuba.

On 27th October 2015, Ireland joined with all other member states of the European Union in voting in favour of Cuba’s resolution at the UN General Assembly in New York, which called for the ending of the US embargo on Cuba. Ireland, along with its EU partners, is firmly of the view that the lifting of the embargo, which would require approval by the US Congress, would facilitate an opening of the Cuban economy to the benefit of the Cuban people.

Psychological Assessments

Questions (132)

Darragh O'Brien

Question:

132. Deputy Darragh O'Brien asked the Minister for Education and Skills if she is aware that a person (details supplied) is being prevented from accessing education due to a prolonged delay in the completion of a psychological educational assessment; and when an assessment will be completed for the person and a full-time place in an appropriate secondary school made available to the person. [8657/16]

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Written answers

I can inform the Deputy having had enquiries made in regard to his question that I find the person, the subject of the question, is enrolled in Larkin Community College, Dublin 1 a school under the auspices of City of Dublin Education and Training Board (CDETB). This ETB provides a dedicated psychological service to students in its schools, colleges and centres. If the deputy requires any more information on the matter he might address his enquiry to the authorities in the City of Dublin Education and Training Board.

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