Wednesday, 21 Jun 2023

Written Answers Nos. 38-51

Foreign Policy

Questions (38)

Catherine Connolly

Question:

38. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs to furnish a definition of the rules-based international order referred to in the programme for an event hosted by his Department (details supplied); to outline the difference between same and the provisions of the UN Charter and international law, if any; to detail the reason Ireland is characterised as being reliant on the rules-based international order and committed to upholding it, rather than to the UN Charter and international law; and if he will make a statement on the matter. [29897/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The Consultative Forum on International Security Policy will discuss a range of issues relating to the global and European security environment and how Ireland's foreign, security and defence policy is responding.  In this context, the Forum will also examine the particular challenges facing multilateralism and the United Nations, particularly in the aftermath of Russia’s illegal aggression against Ukraine. 

Article 29.3 of the Constitution provides that Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States. Pursuant to Article 21 of the Treaty on European Union, the EU is also committed to ensuring that its actions on the international scene are guided by the principles which have inspired the EU’s own creation, namely democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

While the concept of the rules-based international order does not have a single universally accepted definition, it is widely understood to refer to the series of international laws, legal principles, rules, norms and institutions which have facilitated and regulated international interactions and multilateral cooperation in the modern era.   

It is important to state that the concept of a rules-based international order is intended to refer to the universal body of commitments and obligations that make up the international multilateral system, and which allow countries to cooperate with one another on a vast array of issues including trade, development and sectoral partnership and coordination, and to which all, or the vast majority, of states have subscribed. In that sense, while the UN Charter and international law are an integral part of this, they do not constitute it alone.

This body of international laws, legal principles, rules, norms and institutions has facilitated and regulated Ireland’s peaceful cooperation with other countries for decades, and has and will remain a core component of the country’s foreign and security policy.

Foreign Conflicts

Questions (39)

Catherine Connolly

Question:

39. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs to outline the officially adopted view of his Department in regard to the NATO intervention in Kosovo in 1999; if that view holds that it was in line with the fundamental underpinnings of European security within the framework of the OSCE, namely, sovereign equality, refraining from threat or the use of force, inviolability of frontiers, peaceful settlements of disputes, fulfilment in good faith of obligations under international law; and if he will make a statement on the matter. [29898/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The appalling atrocities, human rights abuses, and conflict in Kosovo, and the Western Balkans more widely in the 1990s, represented a dark era in the history of Europe, and its security.

Throughout that period, under successive Governments, Ireland consistently engaged in multilateral efforts to bring that conflict and the others in the region to an end, at the earliest possible juncture. Ireland, the EU, and the international community more broadly, did its utmost to find a peaceful solution to the Kosovo conflict, undertaking intensive efforts to negotiate an agreement which would have provided a peaceful solution and which was fair for both parties in the conflict. Regrettably, this was not possible to achieve at the time, and the efforts of the international community to act to protect civilians at risk of human rights abuses were ultimately frequently frustrated.

Ireland’s position was, and remains, one of advocating for the UN Security Council, and other multilateral bodies charged with the maintenance of international peace and security, to assume their obligations and duties, while actively contributing to any efforts these bodies undertake.

In line with this, in addition to contributing humanitarian relief, Ireland also supported the adoption of Security Council Resolution 1244 (1999) on the situation relating to Kosovo, which provided a framework for the resolution of the conflict in Kosovo by authorising the deployment of an international civilian and military presence that would provide an international transitional administration and security presence that would oversee the return of refugees and the withdrawal of military forces from Kosovo. This facilitated the deployment of the KFOR mission, which Ireland made a substantial contribution to.

Ireland and the EU has continued ever since, to work towards the stabilisation of Kosovo, and we continue to stand firmly behind KFOR and the EU EULEX mission in fulfilling their respective mandates.

United Nations

Questions (40)

Catherine Connolly

Question:

40. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs to provide details on the number of times the United States has exercised its veto at the UN Security Council to veto resolutions in regard to Israel-Palestine; and if he will make a statement on the matter. [29899/23]

Written answers

Tánaiste and Minister for Foreign Affairs

Records on the use of vetoes at the United Nations Security Council, including in relation to the specific resolutions in respect of which each of the permanent five members of the Council have used their veto, are available at the United Nations Dag Hammarskjold Library, which is publicly accessible online.

In total, Russia/USSR has used its veto 123 times, the US 82 times, the UK 29 times, China 17 times, and France 16 times. France and the United Kingdom have not used the veto since 1989.

Ireland has consistently opposed all uses of the veto. During Ireland's recent term as an elected member of the UNSC (2021-2022) we saw at first hand how the veto can be used to prevent the Council from fulfilling its mandate.

Ireland has consistently called for the power of the veto held by the Permanent Five (P5) members of the Security Council to be abolished. The veto is an anachronism and has no place in the 21st century. Permanent membership should be about timeframes, institutional knowledge, representation and effectiveness, not access to unilateral power.

Ireland was a member from the outset of the core group of states, led by Liechtenstein, who proposed the resolution on veto use that was adopted by the General Assembly on 26 April 2022. This initiative does not prevent the use of the veto. However, it does mean that now, whenever a veto is used, the Permanent Member responsible must explain their decision to the General Assembly. We hope that this will seek to raise the political cost of using it. At the very least, it gives the wider UN membership, at the General Assembly, a voice, when the Security Council has been prevented from acting by the use of a veto.

Foreign Policy

Questions (41)

Catherine Connolly

Question:

41. Deputy Catherine Connolly asked the Tánaiste and Minister for Foreign Affairs if representatives from Austria, Cyprus or Malta were invited to address the Consultative Forum on International Security Policy; if not, to detail the reason why; and if he will make a statement on the matter. [29901/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The objective of the upcoming Consultative Forum on International Security Policy is to build a deeper understanding of the international security environment and the policy options available to the State. The Forum has been designed to reach a broad audience with the aim of creating a national conversation that is informed and evidence-based.

The Forum will also hear from experts and practitioners from a number of European partners, in particular Finland, Norway, Sweden and Switzerland. We have chosen these countries deliberately, given the strong role they each play in conflict resolution and peacebuilding, as well as the varied approaches in each country to security and defence issues.  

Rather than pointing to any one specific model for Ireland, we anticipate that the discussions with policy makers, academics and practitioners from these countries will allow us to explore the different ways that a variety of European countries have responded to the changing international security context.

In addition to these countries, representatives from the Embassies of all EU Member States, including Austria, Cyprus and Malta, as well as a number of other partner countries, have been invited to all four days of the Consultative Forum, so as to provide them with the opportunity to share their perspectives on the topics under discussion.

More broadly, attendance at the Forum will consist of the general public, representative organisations and invited guests, from Ireland and internationally, with expertise and experience in the areas to be discussed. Discussions will be live-streamed and there will be an option for online submissions. Anyone interested in engaging in the process will be able to do so.

Passport Services

Questions (42)

Catherine Murphy

Question:

42. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs the number of each category of Irish passports issued to date in 2023, for example, adult renewal, child renewal and so on. [29925/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The Passport Service is successfully meeting the current high demand for passports, and has issued over 545,000 passports to date in 2023. All turnaround times are at their target level, and the Customer Service Hub is responding to an average of 15,000 queries per week. Over half of all simple adult online renewals are processed within 2 working days. 

Passport Online is by far the quickest, easiest and cheapest way to apply for a passport. Through Passport Online, citizens also have the option of applying for a passport card, which is valid for travel in the EU, EEA, Switzerland and the UK.

The number of passports issued to date in 2023 is outlined below in tabular form, broken down into adult and child renewals and adult and child first time applications.

Application type	Number of passports issued
Adult renewals	298,213
Child renewals	142,048
Adult first time applications	44,193
Child first time applications	65,565

Economic Sanctions

Questions (43)

Catherine Murphy

Question:

43. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs if he has engaged with European counterparts in respect of further sanctions to be applied to Belarus ahead of the next EU Foreign Affairs Council meeting. [29926/23]

Written answers

Tánaiste and Minister for Foreign Affairs

The EU condemns Belarus' involvement in Russia's unprovoked and unjustified full-scale military invasion of Ukraine. In response to the invasion, since late February, the EU has adopted a wide range of sanctions targeting both Russia and Belarus.

The measures targeting Belarus build on restrictive measures first introduced by the EU following the presidential elections in Belarus in August 2020 and the crackdown on peaceful protesters, democratic opposition and journalists that followed. The current measures in large part mirror the restrictions introduced against Russia. Restrictions have been placed on trade between the EU and Belarus, in particular on goods used for the production of tobacco, hydrocarbons, and a range of materials like potash, wood, cement, iron, steel and rubber, which generate significant revenue for the Belarusian regime.

In addition, restrictions have been imposed on exports to Belarus of dual-use goods and technology that could contribute to Belarus’ military, technological and security development. Belarussian road transport operators have been banned from transporting goods by road within the EU. A range of measures have been introduced targeting the Belarusian financial sector. Several Belarusian banks have been removed from the SWIFT financial messaging system and transactions with the Central Bank of Belarus are prohibited. Sanctions also include asset freezes and travel bans targeting Belarusian military personnel, state officials, members of the judiciary, and businesspeople.

Limits have been placed on financial inflows from Belarus to the EU, and the provision of euro banknotes to Belarus is also now prohibited, while a ban has been placed on the listing and provision of services in relation to shares of Belarusian State-owned entities in EU trading venues.

On 24 February 2023, the European Council decided to extend for a further year the restrictive measures linked to the ongoing involvement of Belarus in Russia’s invasion of Ukraine, and the human rights situation in the country.

EU Member States are considering adopting further sanctions against the Lukashenko regime in response to internal repression in Belarus and the regime’s support for the war against Ukraine. Ireland is actively involved in these discussions and supports coordinated EU sanctions, and other measures including action at the UN, to hold Belarus accountable for its violations of human rights and the rule of law, and its complicity in Russia’s invasion of Ukraine.  

Passport Services

Questions (44)

Paul McAuliffe

Question:

44. Deputy Paul McAuliffe asked the Tánaiste and Minister for Foreign Affairs if a passport will be expedited for a person (details supplied). [29948/23]

Written answers

Tánaiste and Minister for Foreign Affairs

With regard to the specific application about which the Deputy has enquired, the Passport Service has issued a passport to the applicant. 

Passport Services

Questions (45)

Michael Healy-Rae

Question:

45. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Foreign Affairs to provide an update on the application by a person (details supplied) for a passport; and if he will make a statement on the matter. [30015/23]

Written answers

Tánaiste and Minister for Foreign Affairs

With regard to the specific Foreign Birth Registration applications about which the Deputy has enquired, these applications have been approved. Certificates will issue to the applicants shortly.

Departmental Budgets

Questions (46)

Matt Carthy

Question:

46. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs the funds allocated for the purpose of climate finance in the years 2020 to date; the subhead they are allocated under; if it is his intention to allocate and account for climate finance separately from overseas development aid; and if he will make a statement on the matter. [30061/23]

Written answers

Minister of State at the Department of Foreign Affairs

International climate finance is a priority for the Government and for Ireland’s foreign policy.

Last year, the Department of Foreign Affairs led on a cross-governmental process to formulate the Government's International Climate Finance Roadmap, which was published in July 2022.

The Roadmap sets out how Ireland will deliver on the target of providing at least €225 million annually in international climate finance by 2025, a commitment made by the Taoiseach at COP 26 in Glasgow in November 2021. Meeting this commitment will represent a more than doubling of Ireland’s climate finance. As the Roadmap sets out, the primary focus of Ireland’s climate finance is on supporting adaptation and resilience in the most vulnerable developing countries and communities.

The Government reports Ireland's climate finance expenditure on an annual basis, in line with the reporting requirements of the UN Framework Convention on Climate Change and with reporting guidance provided by the Organisation for Economic Cooperation and Development. The Department of Foreign Affairs produces an annual climate finance report, which provides information on the sources of finance, the thematic and geographic focus of funding and the channels through which funding is provided. The reports are available on the Irish Aid website.

Over the past decade, Ireland has steadily increased its international climate finance. The most recent climate finance figures cover funding provided in 2021.  In 2021, Ireland provided €99.6 million in international climate finance. This represented an increase of 12.8% on the total of €88.3 million in 2020.

International climate finance is provided by four Government Departments: Foreign Affairs; Environment, Climate and Communications; Finance; and Agriculture, Food and the Marine. Climate finance provided by the Department of Foreign Affairs is sourced from Official Development Assistance, under Vote 27, and targets climate-related activities in vulnerable developing countries.

Fisheries Protection

Questions (47)

Imelda Munster

Question:

47. Deputy Imelda Munster asked the Minister for the Environment, Climate and Communications if there are scientific projections available to predict if fish stocks will rise sufficiently to allow draft net fishing licence holders to resume fishing on the River Boyne; and if he will make a statement on the matter. [29868/23]

Written answers

Minister for the Environment, Climate and Communications

Each of Ireland's more the 140 genetically distinct salmon stocks, including the Boyne stock, is assessed every year by the independent Technical Expert Group on Salmon (TEGOS). TEGOS is comprised of scientists from a range of organisations and uses data averaged over 5 years to ensure that a "good" or "bad" year does not disproportionately impact its assessments.

These assessments support annual management advice delivered by IFI to enable the Minister to set out the legislative array for the management of salmon for the coming year. 

The primary determinant of facilitating fishing is the availability of a harvestable surplus above the individual rivers conservation limit (CL) which is the number of adult spawning fish required to maintain a viable population above safe biological limits as scientifically established.

The assessment of the Boyne stock for 2023 is that it is very significantly below its CL and that facilitating a harvest fishery, either by angling or commercial means, would be irresponsible, detrimental to the river's biodiversity and ecological balance and run counter to the conservation imperative.  

The status of the Boyne stock for 2023 is given legislative effect in the Wild Salmon and Sea Trout Tagging Scheme Regulations which came into operation on 1 January following public consultation.  In setting out annual fisheries legislation, Minsters since 2006, have consistently acted in line with the Government decision that salmon management is aligned with scientific advice. Consequently, the Boyne is closed to exploitation for 2023 on current scientific advice.

The status of the Boyne stock will again be reviewed in annual scientific assessments later this year.

Telecommunications Services

Questions (48)

Mairéad Farrell

Question:

48. Deputy Mairéad Farrell asked the Minister for the Environment, Climate and Communications the regulations, if any, that apply to telecommunications companies in respect of their obligations to know their customers, particularly regarding commercial services they offer for the mass sending of text messages; and if he will make a statement on the matter. [29874/23]

Written answers

Minister for the Environment, Climate and Communications

The commercial services referred to are a matter for the telecommunications service providers operating in a fully liberalised market regulated by the Commission for Communication Regulation (ComReg).

There is no legislative obligation on telecoms operators to “know their customers”.  However, ComReg recently launched a consultation on Combatting scam calls and texts (ComReg Doc 23/52) this includes a draft “Know your customer” Guidance document.  More details are available on ComReg’s website at www.comreg.ie.

ComReg is statutorily independent in the exercise of its functions.

Public Sector Pensions

Questions (49, 50)

Mick Barry

Question:

49. Deputy Mick Barry asked the Minister for the Environment, Climate and Communications when he intends to approve the pension increase due to An Post pensioners this year; his views on whether it now needs to match the rate of inflation; and if he will make a statement on the matter. [29920/23]

Bríd Smith

Question:

50. Deputy Bríd Smith asked the Minister for the Environment, Climate and Communications if he can detail what progress has been made on signing off on the promised pension increase for An Post workers; if he can further clarify the timeframe for same, given the length of time retired workers have been waiting; and if he will make a statement on the matter. [30007/23]

Written answers

Minister for the Environment, Climate and Communications

I propose to take Questions Nos. 49 and 50 together.

On 9 March 2023 An Post wrote to my Department seeking consent to the second phase of their current pay agreement which provides for a 2% increase in pay from 1st January 2023.  In addition to this, on foot of a recent Labour Court decision, An Post also wrote to my Department on 9 March seeking approval to make increases to pensions in payment and deferred pensions of a 5% increase from 1 January 2022 and a 1% increase from 1 July 2023. 

In accordance with the relevant Code of Practice from the Department of Public Expenditure, NDP Delivery and Reform, An Post must seek Ministerial approval to increase pensions and deferred pensions for members of the An Post superannuation scheme.  As per Circular 16/2021, all such proposals require NewERA’s views, as well as a business case setting out the strategic, policy and financial rationale for the proposed increase. Circular 16/2021 states that pension approval requests should be submitted for approval well in advance of any decision to implement changes in acknowledgement of the necessary processes that must be completed and in order to ensure that pension increases are not unduly delayed. It should be recognised that the time taken for the pension approval process is necessary to ensure that robust governance procedures are in place. 

Following receipt of the requests and associated documentation from An Post, the standard process is now being followed, with NewERA’s views and assessment by officials being required prior to the consent of both Ministers being sought. It is not possible, at this point, to set out the specific timeframe within which the decision making process will be concluded. 

Question No. 50 answered with Question No. 49.

United Nations

Questions (51)

Catherine Connolly

Question:

51. Deputy Catherine Connolly asked the Tánaiste and Minister for Defence if the Government ever put forward plans to, or gave consideration to, allowing members of the Defence Forces to serve outside the State in forces other than United Nations forces at any time between the passage of the Defence (Amendment) (No. 2) Act 1960 and the dissolution of the USSR, in view of the regular exercise of Security Council vetoes by both the USA and the USSR during that period; and if he will make a statement on the matter. [29900/23]

Written answers

Tánaiste and Minister for Defence

Ireland has always been a strong supporter of the United Nations and UN Peacekeeping.  Our commitment and support for the primary role of the United Nations, in the maintenance of international peace and security, is expressed in Ireland's long-standing tradition of participating in UN peacekeeping operations.  This commitment is also expressed in our engagement in the EU's Common Security and Defence Policy (CSDP).

Ireland has a proud tradition of participation in UN and UN-authorised peace operations, as the only country with an unbroken record of service in UN peacekeeping missions since 1958. Our peacekeepers are recognised internationally for their expertise and experience.

Under the UN Charter, the UN Security Council has primary responsibility for the maintenance of international peace and security. In fulfilling its mandate, the Security Council may adopt a range of measures, including the establishment of a UN peace mission or the authorisation of action by a group of States or a regional organisation, such as the European Union or the African Union.

The five permanent members of the Council can use their veto power to prevent the Security Council from taking decisions, including those related to the mandates of peacekeeping operations. In practice, the threat of a veto by a permanent member, rather than its actual use, is often enough to prevent the Council from taking action.  

UN Member States are invited to contribute the personnel required for UN peacekeeping operations. The Government decides on a case-by-case basis whether, when and how to commit Defence Forces personnel to peacekeeping operations authorised by the UN Security Council. Ireland would only take such a decision after a Mission has been established or authorised by the Security Council.

Ireland has consistently opposed all use of the veto. During our most recent Security Council term from 2021-2022, the veto was used on a number of occasions to prevent the Council from taking action on critical issues. In December 2021, Russia vetoed a draft resolution on Climate and Security, an initiative of Ireland and Niger that had the support of 113 UN Member States. Since February 2022, Russia has used its veto power to prevent the Council from taking action to end its illegal war in Ukraine.

The deployment of Defence Forces' personnel to overseas missions, whether UN, EU or NATO-led missions, is always done pursuant to the provisions of the Defence Acts.

The so-called “Triple Lock” mechanism, sets out the requirements for the deployment of more than 12 members of the Defence Forces for peacekeeping operations overseas. It is provided for in law, notably in the Defence (Amendment) (No. 2) Act 1960 and the Defence (Amendment) Act 2006, as amended.

The legislation provides that:

• the operation must be mandated by the United Nations;

• it must be approved by the Government; and

• it must be approved by way of a resolution of Dáil Éireann (with certain limited exceptions as outlined below).

The Defence Acts require that the peacekeeping operation be one that is mandated by the United Nations, which in almost all cases means approval of a given resolution by the UN Security Council. these resolutions also provide endorsement at UN level for peacekeeping and conflict-prevention operations led by regional organisations, such as military missions under EU CSDP.

In the period between the enactment of the Defence (Amendment) Act 1960 and the dissolution of the USSR in December 1991, the Defence Forces participated in approx. eighteen UN Missions, of which they are still participating in two (UNDOF and UNIFIL).

More recently, the Defence Forces have participated in a number of UN-mandated EU or NATO-led missions, including EUFOR TCHAD/RCA (2006-2007), EUFOR RD Congo (2006-2007), EUFOR BiH (2004-), Operation IRINI (2020-), SFOR (1997-2004), KFOR (1999-).