I thank Deputy Andrews for raising this matter and AFRI for producing this interesting report. As acknowledged in the report, my Department fully co-operated with AFRI in supplying factual information on our export control system. It is worth stressing that there is nothing secretive about this system. A booklet, Export Controls Made Easy, which outlines how Irish export controls are applied, has been produced by my Department and is available to the public.
For reasons which reflect positively on our country, our direct experience of controlling strategic exports is less extensive and more recent than that of any of our EU partners, not excluding the smallest. We were not a member of COCOM and our economy underwent its industrial development at a much later date. Our focus on high-tech industries has also been more recent. For the past two years, the Departments concerned, notably my Department and the Department of Foreign Affairs, have worked closely together to modernise our export control system in a manner which meets our obligations arising for membership of recently established international export control fora and is consistent with Irish foreign policy. I have made the necessary ministerial orders bringing the new system into effect.
In layman's terms, Ireland is not a producer of arms. For at least two decades the IDA has had a deliberate policy of not considering any proposals from any company to establish in Ireland a business based on military goods. However, it is inevitable that in an economy such as ours with its high technology base, goods will be manufactured and exported which have both military and civilian applications and even a small number which have purely military application.
Any company wishing to export purely military goods from Ireland must obtain an export licence. An end-use certificate must be produced in all cases before the licence application can be processed. The certificate details the end-use to which the goods will be put as well as the end-user of the goods. A number of checks are then carried out, involving consultations with the Department of Foreign Affairs and other relevant Departments, before a final decision is taken. Similar procedures apply when applications for licences to export dual-use goods, which are controlled in accordance with an EU regulation, are received. Such applications constitute the bulk of export licence applications received.
I wish to refer to some of the specific points made in the AFRI report. AFRI has stated that at least four of the eight EU common criteria have been flouted by the Irish authorities in licensing exports to the following countries: Argentina, Brazil, Jordan, Malaysia, Singapore, Saudi Arabia, Thailand and Turkey. It appears that this statement is based on a misunderstanding. The EU criteria cited by AFRI are factors which must be taken into account in assessing individual licence applications. There is no implication that the presence of even the slightest concern on foot of any of these factors requires an EU member state to deny all licences to that country, regardless of the item in question. The nature and potential strategic use of the item for which a licence is being sought is of utmost significance when an application is being considered.
The promotion and protection of human rights and fundamental freedoms is at the heart of Irish foreign policy and, as such, is an important factor in the input of the Department of Foreign Affairs to decisions on export licence applications. With reference to the specific allegations made by AFRI in relation to the criterion on the respect of human rights, I am aware that NGOs such as Amnesty International may have expressed concerns about human rights in some of these countries mentioned in the report. Such concerns form part of the broad consideration of licence applications. We must bear in mind, however, that the annual report of Amnesty International routinely cites deficiencies in human rights performance in as many as 100 countries, not excluding Ireland. It is also relevant that neither the UN Commission of Human Rights, UN General Assembly, High Commissioner for Europe have concluded that any of the countries named by AFRI is guilty of serious and systematic violations of human rights.
In the context of a case by case examination of applications, the relevance of the good to be exported to a destination is important. When the Control of Exports Order, 1996, was drafted, a requirement to obtain a licence to export security and paramilitary equipment such as electric shock batons, leg irons, shackles, gangchains, water cannons and riot control vehicles was included in the order. This requirement did not derive from our participation in any of the export control regimes. It is an unequivocal sign of our determination to ensure that these goods are not exported to repressive regimes. The effect of each licence application on the preservation of regional peace, security and stability is taken into account as is the internal situation in the country of final destination, as an indication of the existence of tensions or internal armed conflicts.
With regard to the existence of a risk that the equipment will be diverted within the buyer country or re-exported under undesirable conditions, we rely to a large extent on information we receive from media sources or from other countries, either through bilateral information or through the exchange of information within the export control regimes of which we are a member, such as the Wassenaar Arrangement, the Missile Technology Control Regime, the Australia Group and the Nuclear Suppliers Group.
I am sure Deputy Andrews will appreciate the importance of the electronics industry in Ireland, not least in employment terms. I fully accept that some of the high-tech material produced in this country could, if it fell into the wrong hands, be used for the purpose of the development of weapons of mass destruction. It is vital, therefore, that adequate export controls are in place when such technology is leaving our shores. It is also important, however, that our controls serve their purpose and do not place an undue burden on our exporters as they strive to compete in the international marketplace.
Our recent membership of the international export control regimes is invaluable in enabling us to gradually acquire the expertise to operate an effective export control system, a system which not only ensures that we keep control of the exports of goods originating in this country but also ensures that Ireland is not used to circumvent the export controls of other EU member states which have had direct involvement over decades in the manufacture and export of military-related goods and technologies. Any assistance which organisations such as AFRI can provide in ensuring our system operates effectively is very welcome.
