Dáil Éireann Debate, Thursday - 30 November 2023
486. Deputy Mattie McGrath asked the Minister for Health whether he or the Government have accepted or rejected amendments to Article 59 of the WHO International Health Regulations (IHR) 2005, including details on the public consultation process; the rationale for not facilitating a Dáil Éireann debate, and a request to publish all communication on the matter with the WHO; and if he will make a statement on the matter. [53021/23]
View answer487. Deputy Mattie McGrath asked the Minister for Health what steps he proposes to take for a genuine public consultation process, potentially including a referendum and a Dáil Éireann debate, before deciding to support or reject the WHO Global Pandemic Treaty, as this consideration is crucial due to the treaty's legal binding nature and its potential impact on Ireland's democratic sovereignty, which may undermine national decision-making, especially given the WHO's influence by China and multinational pharmaceutical corporations; and if he will make a statement on the matter. [53023/23]
View answer488. Deputy Mattie McGrath asked the Minister for Health to outline all details of the Government’s engagement with the World Health Organisation concerning the controversial amendments to the International Health Regulations, providing the WHO with expanded powers; and if he will make a statement on the matter. [53024/23]
View answer489. Deputy Mattie McGrath asked the Minister for Health to disclose publicly the legal opinion or risk assessment, if any, undertaken or provided regarding Ireland’s position on the amendments and future negotiations on a proposed WHO Global Pandemic Treaty; and if he will make a statement on the matter. [53025/23]
View answerI propose to take Questions Nos. 486, 487, 488 and 489 together.
I thank the Deputy for his query in relation to the World Health Organisation Pandemic Agreement (WHO CA+) and the amendments to the International Health Regulations (2005) (IHR).
The COVID-19 pandemic demonstrated that the global status quo in terms of pandemic preparedness and response is not adequate and requires revision. As pandemic type diseases are not contained by country borders, Ireland strongly supports a multilateral approach to global health issues with the World Health Organisation (WHO) in a central leadership role.
On 1 December 2021, the members of the World Health Organisation (WHO) reached consensus to begin the process to negotiate a convention, agreement, or other international instrument to strengthen pandemic prevention, preparedness, and response, commonly known as the Pandemic Treaty. Ireland supports this WHO-led process to negotiate a binding legal instrument on pandemic preparedness and response. The aim of such a Pandemic Agreement is to protect public health and to help save lives in the event of future pandemics.
An Intergovernmental Negotiating Body (INB) was established and met for the first time on 24th February 2022. The INB has met seven times to date and is due to meet again in December to progress work on drafting this agreement. A progress report was delivered to the 76th World Health Assembly in May 2023, and it is anticipated that the instrument will be adopted in May 2024.
The purpose and scope of the International Health Regulations (2005) (IHR) is to prevent, protect against, control, and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade. These Regulations provide inter alia, the basis within international law, for the setting up of reporting structures for the monitoring and reporting of issues relating to infectious diseases, particularly where they may pose an international threat.
In relation to the Deputy’s query on the Government’s engagement with the WHO, Ireland has been participating in the member-led, consensus-based negotiation process on both the IHR and the pandemic agreement as part of the EU bloc of Member States. Ireland is also a member of the Group of Friends of the Treaty whose membership includes EU Member States, the UK, the Republic of Korea and South Africa among others. Ireland strongly supports an agreement that would foster an all-of-government and all-of-society approach, strengthening national, regional, and global capacities towards resilience to future pandemics.
Officials in my Department are leading the coordination of Ireland’s position with respect to the amendments to the International Health Regulations and the WHO Pandemic Agreement, working closely with Ireland’s Permanent Representation to the UN in Geneva, and engaging with the relevant policy units in my Department, other Government Departments and Agencies and EU partners on this matter.
In relation to the Deputy’s query on the legal opinion or risk assessment of the WHO Pandemic Agreement; as the proposed instruments are currently being negotiated, it is not possible to determine the precise legal ramifications of these instruments, or what form the final instruments shall take. These negotiations are due to conclude in May 2024. Once concluded, the drafts of the amendments to the IHR and the WHO Pandemic Agreement will be presented to Cabinet for agreement before adoption.
As provided for in the Irish Constitution, the conclusion of an international agreement is an exercise of the executive power of the State in connection with its external relations and is therefore concluded by or on the authority of the Government. In practice this means that Government approval must be sought for the signature, ratification, or approval of every international agreement.
The requirements of the Irish Constitution will, of course, be respected in Ireland’s position towards the negotiations and my department will engage with the Office of the Attorney General in relation to any concerns that may arise in this regard.
