Dáil Éireann Debate, Tuesday - 21 May 2024
590. Deputy Willie O'Dea asked the Minister for Health if the Government intends to become a signatory to the proposed WHO Pandemic Treaty, a legally binding treaty which would grant significant powers to a UN agency; if he is satisfied that this proposed treaty will comply with the Constitution; if he will commit to putting this matter to the people in a referendum; and if he will make a statement on the matter. [22585/24]
View answerI thank the Deputy for his query in relation to the ongoing process of negotiating the WHO Pandemic Agreement (WHO CA+).
The Covid-19 pandemic demonstrated that the global status quo in terms of pandemic preparedness and response is not adequate and requires revision. As the spread of pandemic-related infectious diseases cannot be contained by national borders, Ireland strongly supports a multilateral approach to strengthening global health security, with the World Health Organisation (WHO) in a central leadership role.
On 1 December 2021, the members of the WH|O reached consensus to begin the process to negotiate a convention, agreement, or other international instrument to strengthen pandemic prevention, preparedness, and response, commonly referred to as the Pandemic Agreement. Ireland supports the WHO Member State-led process to negotiate a binding legal instrument on pandemic preparedness and response, the aim of which 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 nine times to date, with the latest meeting taking place in May to progress work on the drafting of this agreement. It is anticipated that the instrument will be presented for adoption at the 77th World Health Assembly (WHA) at the end of May 2024.
Officials in my Department continue to lead on Ireland’s position with respect to the negotiations of the Pandemic Agreement, acting at all times in the interest of the Irish people to enhance future prevention, protection against and public health response to emerging pandemics.
In relation to the Deputy’s query, as the negotiation of the proposed instrument is still ongoing, it is not currently possible to determine the precise legal ramifications of this instrument, or what form the final instrument shall take. As such, I cannot confirm at this time whether Ireland will be a signatory to the proposed instrument.
As provided for in the 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 will be sought for the signature, ratification, or approval of the Pandemic Agreement.
On granting significant powers to a UN agency, I would note that sovereignty stands as one of the key guiding principles of the Pandemic Agreement. Following the decision to ratify, States Parties to the Agreement will retain their sovereign right to adopt, legislate, and implement legislation within their national jurisdictions, and in alignment with domestic health policies. To be clear, I can assure you that any decision to ratify the Pandemic Agreement will not result in the transference of powers to the WHO or WHO Director-General relating to domestic health policy decisions such as imposing a lockdown, mandating vaccination, or dictating the opening or closing of borders. The Pandemic Agreement contains no such enforcement mechanisms.
In relation to the Deputy’s query on whether the proposed Agreement is in compliance with the Constitution of Ireland and whether its ratification will require a referendum, I would emphasise that the requirements of the Constitution of Ireland have, of course, been respected in Ireland’s position throughout this negotiation process. My Department will continue to engage with the Office of the Attorney General in relation to any concerns that may arise in regard.
I trust that the above information is of assistance to you.
