Export Controls

Dáil Éireann Debate, Wednesday - 15 June 2016

Wednesday, 15 June 2016

Questions (37)

Clare Daly

Question:

37. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the checks she performs during the application process for the export of dual-use items to ensure that they will be put to commercial and not military use in their country of destination; and if the findings of the small arms survey regarding the lack of transparency around the arms trade in countries like Saudi Arabia and the United Arab Emirates have caused her to strengthen and intensify the checks involved in exporting to countries with poor records of transparency or to consider banning exports to these countries outright. [15630/16]

Oral answers (6 contributions)

Deputy Clare Daly

This question follows on from a question I asked the Minister's predecessor about commercial licences for dual-use items. He told me at the time that the Department's key consideration when dealing with these applications is concern over the end user or the proposed end use and that it would not be for any illicit purposes. However, how can we be sure, particularly when we are talking about countries with an appalling record in transparency? Would an export ban not be a more appropriate way of dealing with it?

Deputy Mary Mitchell O'Connor

My Department is responsible for licensing the export of dual-use items. All applications for the export of dual-use items are reviewed by my officials on a case-by-case basis. The licensing process centres on ensuring, as far as possible, that the item to be exported will be used by the stated end user for the stated end use and will not be used for illicit purposes. My officials seek observations from the Department of Foreign Affairs and Trade on the majority of export licence applications received. That Department provides feedback on any foreign policy concerns that may arise in respect of a proposed export.

The small arms survey provides an overview of the international trade in small arms and light weapons. As the Deputy notes the latest bulletin highlighted transparency concerns around the arms trade in Saudi Arabia and the United Arab Emirates. My officials have reviewed details of all licences issued for the export of military items and components to those countries from 2007 to date. I can confirm that my Department has not issued any licences for the export of small arms and light weapons to Saudi Arabia or to the United Arab Emirates during that period.

All export licence applications are considered having regard to EU sanctions. There are currently no sanctions in place for Saudi Arabia or the United Arab Emirates.

Deputy Clare Daly

I note the Minister's figures for this year. In 2014 there were 50 dual-use licences for exports to Saudi Arabia and in 2013 we issued nine military licences for export to the same place. If she is telling me there are no current ones, that is good. However, I would be very surprised to hear there are no current dual-use applications before the Department because in 2014 to the UAE there were 51 such applications. Dual-use items are not innocuous; they can have a military role.

We are trying to get to the heart of the following question. What are the mechanisms to scrutinise this? The small arms survey was quite shocking in revealing a lack of transparency in these countries particularly. They are among the least transparent in terms of arms trading. The UAE came last. Saudi Arabia was below North Korea and Iran. Ammunition sold to Qatar, for example, has ended up in Libya. There is a European Parliament ban on military exports, but the Netherlands has gone further and banned dual use exports.

Deputy Mary Mitchell O'Connor

I have read the report on transfers and transparency. We do not feature in these reports as we do not have an arms industry and do not export small arms and light weapons. However, I take the Deputy's point that we manufacture components in the data industry that may be used. However, we are very careful and any application that comes to my Department undergoes strong and rigorous checks. The licence application is really scrutinised. We check with the Department of Foreign Affairs and Trade and we ensure we do not contravene it.

I would also say that we are very careful. It is my intention to intensify the auditing process around export control and dual-use items. An additional staff member will be employed in the export licensing section.

Deputy Clare Daly

I am glad we have more resources. I would argue that we probably need even more again. The European Parliament voted on an arms embargo to Saudi Arabia because of the atrocities in Yemen. As I have said, the Netherlands went further by imposing a full embargo on dual-use items as well. That would be the most suitable approach in our case. Most of the dual-use items exported by Ireland to the United Arab Emirates, Qatar and Saudi Arabia are category 5 items that are described as telecommunications and information security items. While that might sound innocuous, it can include telemetry, telecontrol and ground equipment that can be designed or modified for use with missiles, as well as radio jamming equipment, laser equipment and so on. It is quite wide-ranging. I remind the Minister that we exported straight-up military items worth €3.2 million to Saudi Arabia in 2013. We definitely need more checks. I do not think one additional person will be enough.

Deputy Mary Mitchell O'Connor

The Deputy has mentioned the export of sophisticated technology. I remind her that the Department may refuse an export licence and has done so on many occasions. We denied four licences in 2011, one licence in 2012, four licences in 2013, eight licences in 2014, five licences in 2015 and one licence to date in 2016. We have very rigorous checks. I will make sure they are maintained. If non-compliance is proven, my Department has the power under legislation to take proceedings against exporters. Fines of up to €10 million, or terms of imprisonment of up to five years, can be imposed on exporters who are found guilty.