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Thursday, 21 Sep 2017

Written Answers Nos. 19-46

Brexit Issues

Questions (19)

Catherine Martin

Question:

19. Deputy Catherine Martin asked the Minister for Foreign Affairs and Trade the steps he is taking to ensure that after Brexit, Irish citizens do not lose the right to have family members of non Irish origin living with them in Northern Ireland and in the rest of the UK. [31464/17]

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Written answers

Protecting the existing family reunification rights under EU law of EU citizens residing in the UK at the date of entry into force of the EU-UK Withdrawal Agreement is one of the key issues that has been identified by the EU within the context of its wider objective of safeguarding the rights and entitlements of EU citizens resident in the UK. Irish citizens resident in the UK – whether in Northern Ireland or Great Britain – are among those covered by this objective. As set out in the comprehensive document published on 2 May entitled Ireland and the negotiations on the UK’s withdrawal from the European Union, the Government believes that an agreement on the rights of citizens should be wide, ambitious and comprehensive. In particular, the comprehensive document notes that the Government will be alert to any developments which might possibly affect Irish citizens currently living in the UK and UK citizens currently living in the EU and, in particular, their non-EEA family members. I am satisfied that the Guidelines for the negotiations adopted by the European Council (Art. 50) on 29 April and the more detailed negotiating directives agreed by the General Affairs Council (Art. 50) on 22 May fully reflect Ireland’s approach in this regard.

The detail of the EU’s position has been formally conveyed to the UK by way of an essential principles paper, which was published on 12 June and presented in detail to the UK side during the first round of negotiations on 19 June. In particular, Section II (c) of the EU’s paper states that the scope of the Withdrawal Agreement should extend to “the family members of [EU27 citizens who reside or have resided in the UK at the date of entry into force of the Withdrawal Agreement] regardless of their nationality, as covered by Directive 2004/38, who have joined or will join the holder of the right at any point in time after the date of entry into force of the Withdrawal Agreement [i.e. current and future family members]”.

The UK Government subsequently published its approach to the issue in a paper entitled Safeguarding the position of EU citizens in the UK and UK nationals in the EU and discussions between the EU and the UK have taken place on this issue throughout the three rounds of negotiations that have taken place to date.

After rounds 2 and 3 of the negotiations on citizens’ rights, the EU and the UK issued a joint technical note, which indicates areas of convergence between the EU and the UK and areas where further discussion is required to deepen understanding. The document indicates that there is a good level of convergence between the EU and the UK on the rights of current family members. However, the rights of future family members is one of the areas where further discussion will be required to deepen understanding.

Discussions on citizens’ rights will resume during the fourth round of negotiations, which will take place in the week commencing 25 September.

Northern Ireland

Questions (20)

Seán Crowe

Question:

20. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to a number of recent judicial rulings in Belfast High Court that have highlighted the disclosure and non-disclosure processes on legacy issues operated by the Police Service of Northern Ireland (PSNI); if his attention has further been drawn to the fact that these include cases involving Irish citizens and attacks here; if his attention has been drawn to the fact that the judgments illustrate the level of frustration evident within the Judiciary that have been wrestling with these issues for two decades; his views on their concerns and the deep frustrations of the families of victims; if he has raised the issue with his British counterpart; and the steps is he taking to ensure that the British government fully implement the Stormont House Agreement mechanisms. [39767/17]

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Written answers

Dealing with long-outstanding issues relating to the legacy of the conflict in Northern Ireland are of the utmost importance to the Government. The Programme for a Partnership Government makes specific reference to the Government’s commitment to the establishment of the legacy framework provided for under the Stormont House Agreement, with the needs of victims and survivors at the core of the approach. These legacy institutions include the Historical Investigations Unit (HIU), an independent body with police powers that will conduct investigations into outstanding criminal cases from the Troubles. One of the issues that has delayed agreement on the establishment of the HIU has been the question of balancing the right of families to access information with the national security onward disclosure considerations sought by the British Government. In the most recent discussions at Stormont Castle, the Government has underlined to the British Government and all political parties, the urgent need for compromise so that there can be a collective move forward to establish an Article 2-compliant HIU and the other legacy bodies of the Stormont House Agreement.

In the absence of definitive progress with the Stormont House framework, victims and survivors of the Troubles across all communities in Northern Ireland continue to seek effective investigations – often after decades. The Government shares the deep disappointment and frustration of victims and survivors at this unacceptable and continuing wait for access to truth and justice.

At present, many families of victims have no other avenue but to seek relief from the courts, across the range of issues relevant to the conduct of an effective investigation, including disclosure of information. Victims’ families have to seek the vindication of their basic Article 2 right to an effective investigation under the European Convention on Human Rights, through arduous and unsuitable court processes. The Minister for Foreign Affairs and Trade and his Department monitor the outcome of relevant cases in the Northern Ireland courts, and raise concerns with the British Government where necessary. I would note that judgments have been given on aspects of some current cases, but these remain substantively before the courts for further determination and the Government therefore does not propose to comment specifically on the details of cases.

In overall terms, the Government shares the concerns expressed by senior members of the Northern Ireland judiciary regarding the unsuitability of the current system for dealing with long-outstanding cases from the Troubles and at the hurdles that are experienced in seeking disclosure from relevant authorities.

On 5 September, in his speech at the opening of the new legal year, the Lord Chief Justice of Northern reiterated his disappointment at the lack of progress on dealing with legacy issues and his frustration that he has not yet received a response to his proposals for dealing with the backlog of legacy inquests.

The Government supports the proposals of the Lord Chief Justice. The Minister for Foreign Affairs and Trade has emphasised in discussions with the Secretary of State for Northern Ireland and the political parties, the need to ensure that legacy inquests are properly resourced. The Government has urged all with responsibilities in relation to the legacy inquests to move forward as quickly as possible to implement the proposals of the Lord Chief Justice.

At the Council of Europe in Strasbourg, the Government participates proactively in monitoring the implementation by the UK of judgments by the European Court of Human Rights which relate to the effective investigation of cases from the Troubles. Ireland made a national statement yesterday at the Council of Europe Committee of Ministers during a debate on the McKerr group of cases, which set out the Government’s view on the need to urgently progress with the establishment of the Stormont House Agreement legacy framework and the adequate resourcing of legacy inquests in Northern Ireland, consistent with the UK’s obligations under the European Convention of Human Rights. In this context, the Committee’s attention was drawn to recent judicial statements in Northern Ireland.

The Government will continue to engage with the British Government and the political parties to seek an urgent move forward on legacy issues, to establish the Stormont House legacy framework in a manner that will provide for Article 2 compliant investigations of all outstanding cases regardless of the perpetrator, meet the other legitimate needs and expectations of victims and survivors, and contribute to broader societal reconciliation and normalisation as an integral part of the Peace Process.

Question No. 23 withdrawn.

Questions Nos. 21 and 22 answered with Question No. 16.

Humanitarian Aid

Questions (24)

Darragh O'Brien

Question:

24. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade his views on conditions experienced by refugees in Libya; the steps being made by the EU to ensure that their co-operation with Libyan authorities does not infringe on the human rights of refugees and those seeking asylum; and if he will make a statement on the matter. [39704/17]

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Written answers

I strongly condemn all human rights violations and abuses against refugees and migrants, both in Libya and along the Central Mediterranean Route. I am aware of reports of appalling conditions currently faced by migrants and refugees in Libya. The security situation in Libya is fragile, which exacerbates the situation for migrants on the ground. The government has only partial control of the territory, which limits the capacity of the international community to ensure accountability for these alleged abuses. Migration issues are principally discussed at the Justice and Home Affairs Council. However, EU efforts to address the external aspects of migration were discussed at the June 2017 Foreign Affairs Council. At that meeting, Ireland expressed deep concern at the conditions experienced by migrants in detention centres in Libya, and emphasised the importance of addressing the root causes and humanitarian aspects of the migration crisis. EU Foreign Ministers adopted Council Conclusions on Libya in July 2017, which urge the Libyan authorities to improve humanitarian access to and conditions in migrant detention centres, as well as to look for alternatives to detention.

The EU has a number of initiatives which provide assistance and protection to migrants, refugees and host communities in Libya, in particular inside detention centres. The EU also provides training (including in international humanitarian law, human rights and gender issues) and other support to enhance the border management capacities of the Libyan authorities. The EU also supports the work of the UN High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), to ensure that there are adequate reception facilities for migrants. The EU has mobilised €162 million on migration-related projects for Libya under the EU Emergency Trust Fund for Africa (EUTF) and a further €20 million from other budget lines. These programmes are being implemented by a number of partners, including international agencies such as the UNHCR and UNICEF.

A step-change in improving the situation of migrants in Libya requires political stability and a return of security, through the formation of a functioning government and a return to order throughout the country. Through the EU, Ireland both supports UN mediation and regional efforts in pursuit of stabilisation in Libya.

The only long-term solution to the migration crisis is to improve conditions in countries of transit and origin. The fight to reduce poverty, which is one of the main drivers of large irregular migratory flows, remains firmly at the core of Ireland’s aid programme, which has a focus on ending extreme poverty, hunger and under-nutrition.

Question No. 25 answered with Question No. 16.

Brexit Issues

Questions (26)

David Cullinane

Question:

26. Deputy David Cullinane asked the Minister for Foreign Affairs and Trade his plans in place to tackle the challenges many economic sectors and regions face with Brexit; and if he will make a statement on the matter. [39769/17]

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Written answers

As Minister for Foreign Affairs and Trade with special responsibility for Brexit, Minister Coveney is involved in coordinating the whole-of-Government response to the significant challenges that arise for Ireland within the context of the UK’s withdrawal from the European Union, including for many of our economic sectors and regions. In this capacity, he is working closely with his colleagues across Government who have policy responsibility in the areas that will need to be addressed in order to assist these sectors and regions in dealing with the many challenges resulting from Brexit. This co-operation also involves the relevant State Agencies Ensuring that Ireland’s interests are reflected in the EU’s approach to the ongoing EU-UK negotiations is a central dimension of Ireland’s strategic response to Brexit. In this regard, our overriding objective in this regard is to work with our EU27 partners to achieve the closest possible relationship between the EU and the UK. The closer we come to this objective, the less the negative consequences for Ireland and for specific sectors.

We are also mindful of the milestones we must achieve in the immediate term in order to ensure the best outcome for Ireland, notably in ensuring that sufficient progress is made on those withdrawal issues, including in regard to Ireland’s specific issues, that are a priority in order to achieve an orderly withdrawal of the UK from the EU. We also continue to underline to both our EU and UK counterparts that a transition phase, supported by adequate governance arrangements, will be required to minimise the disruption of trade and to avoid a cliff edge scenario. Equally important will be to ensure a level playing field in any future EU-UK agreement and to ensure the integrity of the Single Market and the Customs Union. This is also in Ireland’s fundamental economic interest.

Beyond the negotiating process, the Government’s overall response to Brexit will continue to be structured around five principal pillars:

sustainable fiscal policies to ensure capacity to absorb and respond to economic shocks, not least from Brexit;

policies to make Irish enterprise more diverse and resilient, to diversify trade and investment patterns, and to strengthen competitiveness;

prioritising policy measures and dedicating resources to protect jobs and businesses in the sectors and regions most affected by Brexit;

realising economic opportunities arising from Brexit, and helping businesses adjust to any new logistical or trade barriers arising;

making a strong case at EU level that Ireland will require support that recognises where Brexit represents a serious disturbance to the Irish economy.

Policy decisions in support of these objectives will arise across a wide range of policy areas and that will continue to fall within the direct responsibility of other Government colleagues, including the annual budgetary process; the forthcoming National Planning Framework 2040; the new 10-year National Capital Plan; the Review of Enterprise 2025 Policy, and sectorial policies and investment decisions in areas such as agriculture, enterprise, transport, communications and energy.

In this regard, while many challenges are common to the State as a whole, it is appreciated that there are specific issues for some individual regions, including Wexford given its important sea connections with France and Wales, and for individual sectors. As required, both our policy approach to the EU-UK and our domestic policy response will take account of and try to address these issues.

As Minister for Foreign Affairs & Trade with special responsibility for Brexit, Minister Coveney is also stepping up the overall strategic oversight of Brexit-related measures being implemented across Government. This will involve building upon the extensive cross-Government research, analysis and consultation with stakeholders that has already been undertaken and ensuring a coordinated approach that facilitates the early identification of potential synergies across Government. New interdepartmental coordination mechanisms are currently being put in place to reflect the enhanced responsibility of the Department of Foreign Affairs and Trade in this regard.

Minister Coveney and I will also be continuing the Government’s intensive programme of engagement with EU partners and with the UK, with a view to ensuring Ireland’s priorities and concerns with regard to the EU-UK negotiations are fully understood. This engagement, together with the Government’s engagement with other international partners, are also aimed at supporting our trade diversification efforts and our efforts to realise the economic opportunities arising from Brexit.

Engagement with stakeholders on the ground in Ireland will also be a key priority and Minister Coveney has already convened a new Brexit Stakeholder Forum, which met for the first time on 13 September. This brings together the voices of business, unions, state agencies, political parties and leading experts who have an important contribution to make in helping to shape the Government’s response to Brexit, both in terms of the EU-UK negotiations and the Government’s economic response. He is also convening the third plenary session of the All-Island Civic Dialogue on 28 September.

Foreign Conflicts

Questions (27)

Mick Wallace

Question:

27. Deputy Mick Wallace asked the Minister for Foreign Affairs and Trade if he has raised concerns over the ongoing bombing campaign in Yemen with his counterpart in Saudi Arabia; his views on whether Ireland's growing trade relations with Saudi Arabia could be interpreted as tacit support of the Saudi led war, in view of Ireland's stated policy of neutrality; and if he will make a statement on the matter. [39698/17]

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Written answers

I have been monitoring the situation Yemen with great concern, in particular in recent months as the humanitarian situation has reached crisis point. The war has entered into its third year, efforts to broker peace have not made any significant progress and fighting continues with increasingly devastating consequences for the civilian population. In addition, the country is on the brink of famine and suffering a major cholera outbreak. My predecessor, Minister Flanagan, raised concerns about the appalling humanitarian situation in Yemen, and about attacks which have directly impacted on civilians, with the Saudi Minister of State for Foreign Affairs, Dr Nizar bin Obaid Madani, when he visited the Gulf in November 2016. Following this, he also raised these concerns with the UAE Minister for Foreign Affairs, Abdullah bin Zayed Al Nahyan, both in the UAE and more recently here in Dublin. I can assure the House that I will continue to take every appropriate opportunity to raise these concerns in the future. Ireland has close economic ties with Saudi Arabia, and this relationship has considerable benefits for the Irish economy. Bilateral trade was worth almost €2 billion in 2015. However, this partnership does not prevent us from raising our concerns in the appropriate channels. In addition to concerns about the humanitarian situation in Yemen, Ireland regularly raises broader human rights concerns with Saudi interlocutors.

Ireland’s long standing policy of military neutrality, which has been pursued by successive Governments and enjoys widespread public support, is characterised by non-participation in military alliances. This policy is underpinned by a set of complementary values which include: the protection of human rights, support for development, and the promotion of disarmament – values which Ireland champions and promotes in its interactions with its international partners irrespective of any trading relationships.

Finally, I would like to take this opportunity to reiterate Ireland’s support for the efforts of UN Special Envoy Ismail Ould Cheikh Ahmed and his team, who continue to work towards a peace agreement that is acceptable to all parties to the conflict in Yemen. Ireland will also continue to call for all alleged violations of human rights and international humanitarian law to be investigated, and for those found guilty of violations to be held accountable.

Brexit Issues

Questions (28, 38, 40, 44)

Niamh Smyth

Question:

28. Deputy Niamh Smyth asked the Minister for Foreign Affairs and Trade the status of his negotiations particularly those relating to the Border region of Cavan and Monaghan in view of Brexit and the possible reintroduction of a hard border. [39770/17]

View answer

Darragh O'Brien

Question:

38. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the consideration that has been given at Government and EU level to the creation of a special economic zone in Northern Ireland and the Border counties in view of Brexit; and if he will make a statement on the matter. [39892/17]

View answer

Stephen Donnelly

Question:

40. Deputy Stephen S. Donnelly asked the Minister for Foreign Affairs and Trade his views on the comments made by Michel Barnier that the Border cannot be used as a test case for an EU-UK border; and if he will make a statement on the matter. [39849/17]

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Thomas P. Broughan

Question:

44. Deputy Thomas P. Broughan asked the Minister for Foreign Affairs and Trade the progress that is being made regarding Border solutions and Brexit; if specific provisions will be made for Brexit related issues in his Department's budget for 2018; and if he will make a statement on the matter. [39700/17]

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Written answers

I propose to take Questions Nos. 28, 38, 40 and 44 together.

Since taking up office, engagement on Brexit with EU partners has been a central element of my work. This approach has yielded clear results in ensuring that Ireland’s unique issues and concerns have been fully understood by our EU27 partners and have been reflected in the EU’s negotiating position. As the negotiations enter an important phase over the coming weeks and months, continuing such engagement with EU partners, both at political and official level, will remain a key priority. On Monday 4 September, the Minister for Foreign Affairs and Trade met with Michel Barnier, the EU’s Chief Negotiator on Brexit, and his team. During our discussion, Minister Coveney thanked Mr. Barnier for pursuing Ireland’s unique interests in the Brexit negotiations and for the high level of engagement that Ireland enjoys with his team. It was agreed that, while good progress was made in the last round of negotiations on the Common Travel Area, more detailed work is required on protecting the Good Friday Agreement in all its parts and the peace process, including in regard to North South cooperation and to avoiding a hard border, as well as other issues such as protecting the EU rights of Irish citizens in Northern Ireland. Overall, Minister Coveney welcomed the indications that EU and UK objectives on the Irish issues are converging but noted that the UK needs to back this up with tangible commitments that can pave the way for practical solutions.

Following this meeting, on 7 September, the European Commission Taskforce published a paper on “Guiding Principles for the Dialogue on Ireland/Northern Ireland”, building on the European Council Guidelines agreed earlier this year. This paper reflects the priority Irish issues identified by the Government, including the complex issue of the border, and makes it clear that it is the UK’s responsibility to propose workable solutions in this regard. It is the Government’s view that the UK staying in the customs union and single market, or as close as possible to that, would be the best solution.

In all of our engagements, the Government has laid particular emphasis on Ireland’s objective of protecting the gains of the peace process and avoiding a hard border on the island of Ireland. The Government has been clear on the unique nature of the circumstances on the island of Ireland and this point has been echoed by Mr Barnier. We are acutely aware of the potential impact of Brexit on the border region and on people living there. In emphasising the need for imaginative and flexible political solutions for the island of Ireland, the Government has been equally clear that we will only pursue solutions that are compatible with our aim of protecting the integrity of the Single Market and Ireland’s place in it. Minister Coveney and I will continue to deliver this message in our engagements in the coming weeks and months.

With respect to the creation of a special economic zone, as Minister Coveney has previously indicated to Deputy Martin, the Government is open to careful consideration of any approach or proposal that makes sense for progressing such a fundamental matter as the future of relations between Ireland and the UK. Apart from the UK, Ireland is the country most vulnerable to the effects of Brexit and it is everyone’s interests that we maintain an openness to new ideas and proposals.

In relation to specific provision for Brexit in the budget for 2018, the Department of Foreign Affairs and Trade is currently engaging with the Department of Public Expenditure and Reform in relation to the 2018 estimates process. The 2018 allocation will be announced by the Finance Minister on budget day.

Brexit Issues

Questions (29, 46)

Bernard Durkan

Question:

29. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs and Trade the extent to which he continues to emphasise the fundamental importance of the Good Friday Agreement in the context of discussions between the EU and UK on Brexit with particular reference to the need to retain the status quo here with unimpeded access to traditional markets and recognition of the need to ensure that Ireland remains at the centre of Europe; and if he will make a statement on the matter. [39852/17]

View answer

David Cullinane

Question:

46. Deputy David Cullinane asked the Minister for Foreign Affairs and Trade the way in which he expects the Good Friday Agreement will be protected as a result of Brexit; and if he will make a statement on the matter. [39768/17]

View answer

Written answers

I propose to take Questions Nos. 29 and 46 together.

The Good Friday Agreement is the overarching framework for deepening peace and reconciliation on the island of Ireland and has also contributed to increased economic prosperity on the island as a whole. As co-guarantor of the Good Friday Agreement, the Government is determined to ensure that all aspects of the Agreement are fully respected throughout the process of the UK’s withdrawal from the European Union, and thereafter.

Our EU partners are fully aware and supportive of the importance of respecting the provisions of the Good Friday Agreement in all its parts and protecting the gains of the peace process. On Monday 4 September, the Minister for Foreign Affairs and Trade met with Michel Barnier, the EU’s Chief Negotiator on Brexit, and his team. It was agreed that, while good progress was made in the last round of negotiations on the Common Travel Area, more detailed work is required on protecting the Good Friday Agreement in all its parts and the peace process, including in regard to North South cooperation and to avoiding a hard border, as well as other issues such as protecting the EU rights of Irish citizens in Northern Ireland. Overall, Minister Coveney welcomed the indications that EU and UK objectives on the Irish issues are converging but noted that the UK needs to back this up with tangible commitments that can pave the way for practical solutions.

Following this meeting, on 7 September, the European Commission Taskforce published a paper on “Guiding Principles for the Dialogue on Ireland/Northern Ireland”, building on the European Council Guidelines agreed earlier this year. This paper reflects the priority Irish issues identified by the Government, including the complex issue of the border, and makes it clear that it is the UK’s responsibility to propose workable solutions in this regard.

In all of our engagements, the Government has laid particular emphasis on Ireland’s objective of protecting the gains of the peace process and avoiding a hard border on the island of Ireland. The Government has been clear on the unique nature of the circumstances on the island of Ireland and this point has been echoed by Mr. Barnier.

The Government is also committed to minimising the impact of Brexit on trade and the economy. While imaginative and flexible solutions will be required to address the complex issues associated with the border, the Government is clear that we will only pursue solutions that are compatible with our aim of protecting the integrity of the Single Market and Ireland’s place in it. Our membership of the EU, including the Single Market and Customs Union, has been central to the success of our open, competitive economy and has been the foundation for much of the economic and social progress we have made over the last four decades. Ireland will continue to work with our EU partners as a fully committed member of the European Union.

The Government has also been clear in its desire to maintain the closest possible trading relationship with the UK after it leaves the EU. Questions regarding the future relationship between the EU and the UK are a matter for the second phase of negotiations, and discussions on these can only begin once sufficient progress has been made on the three baskets of issues identified for the first phase of the EU-UK negotiations.

We are not under any illusions about the complexity of the UK exit from the EU. We have taken important steps to prepare our economy, through Budget 2017, the Action Plan for Jobs 2017 and our Trade and Investment Strategy. More work is being carried out in this area. Our enterprise agencies continue to work with companies to help them deal with Brexit – making them more competitive, diversifying their market exposure and up-skilling their teams.

The Government will continue to be proactive in its objectives to minimise the impact on the island of Ireland of the UK’s withdrawal from the EU.

Passport Controls

Questions (30)

Maureen O'Sullivan

Question:

30. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade his plans to address the issue of Irish passport holders who have been convicted of a sex crime travelling to countries in which child prostitution and sex tourism is widespread; and if he will consult with the Minister for Justice and Equality on the way in which actions such as passport limitations might be taken. [39822/17]

View answer

Written answers

At the outset, it is important on behalf of the Government to absolutely condemn anyone, including those who may be travelling from this country, engaging in so-called sex tourism involving minors. We are committed to combatting child sex abuse in every way possible. In terms of passports, all applications are subject to the terms of the Passports Act, 2008 (“the Act”), which provides a legal basis for the various policies and practices which are applied by the Passport Service in the issue of passports. Irish citizens are entitled to be issued with a passport, subject to the requirements of the Act. There is provision in the Act to refuse a person a passport. The most common grounds for this course of action would be in cases where

the person’s entitlement to Irish citizenship has not been demonstrated; or

the person’s identity has not been satisfactorily established; or

in circumstances including where the Minister is notified by the Courts Service of a court order requiring a person to surrender his or her passport and to refrain from applying from a passport;

the passport application is fraudulent or misleading;

in the case of children the consent for the issue of a passport by the legal guardians has not been provided.

The Act requires the Minister to write to the person, who is being refused a passport, and cite the reason(s) for passport refusal. The Minister is obliged to offer a period of time to the person to make any representations and/or provide additional information that may be relevant to the proposed course of action. These requirements are important as they protect the right of Irish citizens (including those who in the past have been convicted of criminal offences and who have fully served the custodial sentences) to obtain and hold a passport for travel, subject to the requirements of the Act.

In addition to the reasons above, there are other possible grounds for passport refusal. In general, these relate to the likelihood, after consultation with the Minister for Justice and/or the Minister for Defence, of a person engaging in conduct that:

might prejudice national security or the security of another state

might endanger public safety or order,

would be contrary to the common good or

might endanger that person or others

These provisions have been used in a limited number of cases to refuse a passport, usually in the context of terrorist sanctions or in cases involving mental illness.

Any refusal to issue a passport must be evidence-based and defensible in the case of legal challenge.

The Passport Services does not have any statutory power to impose or monitor travel restrictions on a passport holder. Nor is it possible to issue a passport with a restriction limiting its use for travel to certain specified States only.

UN Sustainable Development Goals

Questions (31)

Maureen O'Sullivan

Question:

31. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade his plans to provide funding for UNFPA supplies in budget 2018 in view of the global contraceptive funding gap and Ireland's commitment to the 2030 agenda and the sustainable development goals; and if he will make a statement on the matter. [39823/17]

View answer

Written answers

Hundreds of thousands of women and girls die each year in developing countries from complications in pregnancy and childbirth. Improved maternal and reproductive health, including access to contraception, is an important focus of our aid programme and is critical to the achievement of the 2030 Agenda and the Sustainable Development Goals. There is an important link between Ireland's support for improved maternal and reproductive health in developing countries and improved education outcomes for girls, also an important priority of Ireland's aid programme.

The UNFPA is one of Ireland’s longstanding UN partners, and the agency’s work is closely aligned with many of the priority areas identified in Ireland’s Policy for International Development ‘One World, One Future’. Ireland values the partnership with the UNFPA. We provide significant core funding to the agency, which amounted to €2.8 million both this year and last. Core funding allows UNFPA to respond to the most important needs as they arise. In addition to core funding, we provide funding in our partner countries for specific programmes to improve maternal and reproductive health. This amounted to over €1.5 million in 2016. My officials attended the UNFPA Executive Board meeting in New York earlier this month, and we will be considering our indicative budget for 2018 shortly.

Question No. 32 answered with Question No. 16.
Question No. 33 answered with Question No. 12.

Foreign Policy

Questions (34)

Paul Murphy

Question:

34. Deputy Paul Murphy asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the disqualification of four elected representatives from the Legislative Council in Hong Kong (details supplied); if he has made representations to the Chinese authorities regarding the case; and if he will make a statement on the matter. [39780/17]

View answer

Written answers

The Government follows closely developments in the Hong Kong Special Administrative Region and is aware of the recent decision to disqualify four elected representatives from the Legislative Council in Hong Kong. Officials from my Department recently discussed this issue with the Hong Kong authorities in a meeting on Friday 8 September. Ireland, together with our EU partners, remains convinced that the principle of 'one country, two systems' continues to work to the benefit of the people of Hong Kong, the People's Republic of China and the world. Hong Kong's success is underpinned by its high degree of autonomy, rule of law, independent judiciary, democratic separation of powers, and respect for fundamental rights and freedoms. The EU publishes an annual report on developments in Hong Kong and regularly discusses such issues with the Hong Kong authorities, notably during the annual structured dialogue. The EU’s most recent annual report, published in April 2017, highlighted that all necessary steps should be taken to restore faith in Hong Kong’s rule of law and the ‘one country, two systems’ principle.

Respect for the Basic Law and the ‘one country, two systems’ principle also forms an integral part of the EU’s engagement with the People’s Republic of China, as outlined in the EU Strategy on China adopted by the Foreign Affairs Council in July 2016.

The Embassy of Ireland in Beijing and the Consulate General of Ireland in Hong Kong, in cooperation with our EU partners, will continue to monitor developments in the Hong Kong Special Administrative Region. We continue to support the full application of the Basic Law and the ‘one country, two systems’ principle in the Hong Kong Special Administrative Region.

EU Treaties

Questions (35)

Brendan Howlin

Question:

35. Deputy Brendan Howlin asked the Minister for Foreign Affairs and Trade if he will report on proposals or discussions on EU treaty change he has had. [29972/17]

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Written answers

I have no proposals for Treaty change and neither have I had any formal discussions on Treaty change. As the Deputy is aware, a wide debate on the Future of Europe was launched in Bratislava in September 2016 and the European Commission has published a White Paper on the Future of Europe, as well as a series of reflection papers. Together with my colleague the Minister for European Affairs, I propose to lead a process of public engagement in the coming months on the issues raised. Our extensive analysis of the consequences of Brexit came to an unequivocal conclusion that our future interests are best served by remaining a fully committed member of the European Union. It is imperative, therefore, that we use our influence to shape the future direction of the European Union and each Member State, Ireland included, will be bringing its own contributions to the debate. In taking forward this debate, our focus will be on delivering a positive EU agenda with concrete outcomes that directly benefit EU citizens.

Foreign Policy

Questions (36)

Eamon Ryan

Question:

36. Deputy Eamon Ryan asked the Minister for Foreign Affairs and Trade the contact he has had with the Chinese Government since assuming office. [30168/17]

View answer

Written answers

I have corresponded with my Chinese counterpart Mr. Wang Yi, Minister of Foreign Affairs of the People’s Republic of China, since my appointment as Minister for Foreign Affairs and Trade in June. Similarly, the Taoiseach has corresponded with his counterpart, Premier Li Keqiang. Officials from my Department continue to engage with their counterparts regularly, in both Dublin and through Ireland’s Missions in China. The Government of Ireland is strongly committed to deepening further the links between Ireland and China at all levels. I look forward to meeting with Minister Wang Yi in person at the earliest opportunity.

Foreign Conflicts

Questions (37)

Mick Wallace

Question:

37. Deputy Mick Wallace asked the Minister for Foreign Affairs and Trade if he has read the recent report by an organisation (details supplied) on the current situation in Yemen; if he will propose that the UN Human Rights Council carry out an investigation into possible war crimes on the part of Saudi Arabia in this regard; and if he will make a statement on the matter. [39697/17]

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Written answers

I am aware of the report referenced by the Deputy, and am extremely concerned about the current situation in Yemen, in particular the humanitarian situation, which in recent months has reached crisis point. The war has entered into its third year, the country is on the brink of famine, the political process has stalled, and fighting is continuing, with increasingly devastating consequences for the civilian population. EU Foreign Ministers discussed the situation in Yemen at the Foreign Affairs Council in April, where they adopted Council Conclusions expressing concern for the situation in Yemen and calling on the parties to start negotiating a peace agreement. Ireland will continue to support the efforts of UN Special Envoy Ismail Ould Cheikh Ahmed and his team in their work towards a peace agreement that is acceptable to all parties to the conflict. This conflict has been characterised by allegations of violations of human rights, including rights of the child, and infringements of international humanitarian law. Ireland has been consistent in calling for an impartial, international investigation into these reports. Unfortunately, consensus at an international level to launch such an investigation has not yet been possible.

Ireland is currently leading calls at the UN Human Rights Council to establish an Independent Commission of Inquiry to investigate all alleged human rights violations by any party to the conflict in Yemen. In parallel, through the EU, Ireland will continue to call on all parties to this conflict to cooperate with the National Commission of Inquiry, as well as with the enhanced OHCHR Yemen Office, and to allow investigators full access to all parts of Yemen.

Question No. 38 answered with Question No. 28.

Human Rights

Questions (39)

Seán Crowe

Question:

39. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to recent publications by an organisation (details supplied) documenting significant human rights violations in detention centres in Libya; if his attention has been further drawn to the fact that these reports detail that European governments are complicit in torture and that the EU's policy of ring-fencing migrants in Libya must come to an end; if his attention has been drawn to the fact that the organisation's resident has said that EU member states are knowingly handing persons over to criminals; and if he will speak out against the EU’s policy of sending persons back into the hands of armed militia groups in Libya. [39765/17]

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Written answers

I strongly condemn all human rights violations and abuses against refugees and migrants, both in Libya and along the Central Mediterranean Route. I am aware of reports of appalling conditions currently faced by migrants and refugees in Libya. The security situation in Libya is fragile, which exacerbates the situation for migrants on the ground. The government has only partial control of the territory, which limits the capacity of the international community to ensure accountability for these alleged abuses. Migration issues are principally discussed at the Justice and Home Affairs Council. However, EU efforts to address the external aspects of migration were discussed at the June 2017 Foreign Affairs Council. At that meeting, Ireland expressed deep concern at the conditions experienced by migrants in detention centres in Libya, and emphasised the importance of addressing the root causes and humanitarian aspects of the migration crisis. EU Foreign Ministers adopted Council Conclusions on Libya in July 2017, which urge the Libyan authorities to improve humanitarian access to and conditions in migrant detention centres, as well as to look for alternatives to detention.

The EU has a number of initiatives which provide assistance and protection to migrants, refugees and host communities in Libya, in particular inside detention centres. The EU also provides training (including in international humanitarian law, human rights and gender issues) and other support to enhance the border management capacities of the Libyan authorities. The EU also supports the work of the UN High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), to ensure that there are adequate reception facilities for migrants. The EU has mobilised €162 million on migration-related projects for Libya under the EU Emergency Trust Fund for Africa (EUTF) and a further €20 million from other budget lines. These programmes are being implemented by a number of partners, including international agencies such as the UNHCR and UNICEF.

The Department of Justice and Equality has informed me that Ireland does not hand over or send back migrants to Libya, and they are not aware of any other EU Member States doing so.

A step-change in improving the situation of migrants in Libya requires political stability and a return of security, through the formation of a functioning government and a return to order throughout the country. Through the EU, Ireland both supports UN mediation and regional efforts in pursuit of stabilisation in Libya.

The only long-term solution to the migration crisis is to improve conditions in countries of transit and origin. The fight to reduce poverty, which is one of the main drivers of large irregular migratory flows, remains firmly at the core of Ireland’s aid programme, which has a focus on ending extreme poverty, hunger and under-nutrition.

Question No. 40 answered with Question No. 28.
Questions Nos. 41 and 42 answered with Question No. 16.
Question No. 43 answered with Question No. 8.
Question No. 44 answered with Question No. 28.

Middle East Issues

Questions (45)

Maureen O'Sullivan

Question:

45. Deputy Maureen O'Sullivan asked the Minister for Foreign Affairs and Trade if he will raise at EU level the fact that Israel is denying the Palestinian Authority jurisdiction over Area C which under the UN and various treaties fall within the Palestinian state; and if he will report on his recent visit to the region in view of the fact that the World Bank has estimated that Area C, West Bank is the key to future Palestinian economic development. [39825/17]

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Written answers

Area C of the West Bank is the area which under the Oslo Accords remained temporarily under Israeli administration, pending a progressive transfer of control to the Palestinian Authority, which was envisaged as taking place within a few years. However, only a small further transfer took place, and for over twenty years now Israel has resisted all suggestions of further transfers. Areas A and B, where the majority of Palestinians live, are islands of Palestinian administrative control surrounded and separated by Area C, which still includes some two-thirds of the West Bank. The future of Area C is therefore in a very real sense the future of the peace process itself. There can be no viable Palestinian state without Area C, and in practical terms it is the hinterland and developmental space for all the Palestinian cities and towns. Large areas of Area C have been taken by Israeli settlements, and Palestinians are excluded from most of Area C by various means including military zones and parks of various sorts. Israeli authorities refuse almost all planning permission to Palestinians in Area C, for houses or other structures, demolishing those that are built, while facilitating the construction of Israeli settler houses. Recent legislative and administrative moves have been described as ‘creeping annexation’, and are not consistent with an intention of ultimately ending the occupation of Area C. The Government is deeply concerned about this. It is for these reasons that the Government in recent years has made the future of Area C, and the associated policies of land seizures, demolitions and evictions, and movement restrictions, the heart of our engagement on the Middle East issue. Area C is Palestinian territory, the construction of Israeli settlements in it is a breach of international law, and the occupation should be ended and the area transferred to Palestinian control as early as possible. I and my officials take every opportunity to raise this at EU, UN and international level. We shall continue to do so.

I have also raised these issues in my engagement with the region, including on my recent visit to Israel and Palestine, where I raised our concerns with Israeli and Palestinian leaders.

Question No. 46 answered with Question No. 29.
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