The ratification of an international agreement is a step which is undertaken only when required by the terms of the agreement itself — it is, therefore, a requirement of international law rather than Article 29 of the Constitution. Ratification is a formal act whereby the State agrees to be bound by the terms of an agreement, but before this can happen the State must have taken whatever legislative or administrative measures that may be required in order to meet its obligations under the agreement.
Where international agreements are readily accommodated by our existing domestic arrangements it may be possible to ratify them without having to enact legislation. However, in many cases it will be necessary to change existing legislation and adminstrative practices before we can comply with the obligation contained in an international agreement. This inevitably requires thorough and careful checking to ensure the compatibility of agreements with our domestic laws and administrative practices. The care which is taken in these matters underlines the seriousness of our commitment to international agreements.
I agree that prompt action to meet our international obligations is especially important in relation to human rights and humanitarian law. The Deputy will be aware of the priority which is given to these areas and of the progress made in recent years with the enactment of legislation which has enabled the State to ratify a number of important agreements on human rights issues. In the area of humanitarian law the passage of the Geneva Conventions (Amendment) Act, 1998, will enable Ireland to ratify the two Additional Protocols to the Geneva Conventions and I am pleased to say that this process will be concluded shortly.
