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Trade Sanctions

Dáil Éireann Debate, Thursday - 30 July 2020

Thursday, 30 July 2020

Questions (99)

Louise O'Reilly

Question:

99. Deputy Louise O'Reilly asked the Tánaiste and Minister for Business, Enterprise and Innovation the instances in which the State would cease to trade with another country and-or state such as human rights violations; and the details of instances in which the State has a trade at any cost position. [19797/20]

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Written answers

My Department pursues free trade and open market policies. However, these policies are subordinate to Ireland's responsibility to prevent the proliferation of Weapons of Mass Destruction, to promote Regional Stability and to promote and protect Human Rights.

Advancing human rights has always been and will continue to be a cornerstone of our foreign policy. Ireland actively adheres to core international and European human rights treaties and strongly supports the strengthening of the regional and multilateral human rights framework.

The National Plan on Business and Human Rights 2017-20, prepared by the Department of Foreign Affairs and Trade, promotes responsible business practices at home and overseas by all Irish business enterprises in line with Ireland’s commitment to the promotion and protection of human rights globally.

To give practical effect to these commitments, my Department implements European Union and national Export Controls in respect of goods on the EU list of Dual-use Items and the EU Common Military List.  

My Department assesses all applications for Export Licences, on a case-by-case basis, in accordance with the relevant EU legislation, principally Council Regulation 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items and also Council Common Position 2008/944/CFSP defining common rules governing control of exports of military technology and equipment.

The Common Council Position sets out eight criteria against which applications for exports licences must be assessed. My Department consults with the Department of Foreign Affairs in relation to these criteria for all sensitive applications. Criterion Two explicitly addresses violations of Human Rights in the destination State:

"Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law".

The assessment of licence applications also take into consideration relevant Conclusions of the Council of the European Union and Declarations by the High Representative of the Union for Foreign Affairs and Security Policy.

In addition to the EU legal basis for restricting trade to protect Human Rights, national legislation also provides for the restriction of exports for Human Rights considerations, in Statutory Instrument No. 443 of 2009 Control of Exports (Dual-use items) Order 2009.

My Department also implements the trade elements of EU Sanctions, formally known as Restrictive Measures. Restrictive Measures are instruments for promoting EU values and objectives and to bring about changes in undesirable policies or activities such as violations of Human Rights or International Humanitarian Law or practices that do not respect the rule of law or democratic principles. These Restrictive Measures can and do prohibit the export to certain States of items that could be used for internal repression.

It is my intention to review the national legal framework for export controls as a matter of priority and to bring forward new legislative proposals to update and further strengthen the Control of Exports Act 2008. This new legislation will seek to ensure that Ireland has a comprehensive and effective enforcement capability and underscore our commitment to supporting Human Rights and International Humanitarian Law.

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