Dáil Éireann díospóireacht -
Tuesday, 3 Oct 2000

Vol. 523 No. 1

Written Answers. - International Agreements.

Ruairí Quinn

Ceist:

881 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposed international multilateral agreements under the auspices of his Department being negotiated or prepared; the international organisation, if any, in each case through whose machinery the agreement is being negotiated; if it is proposed to ratify or accede to the agreement, if adopted; if so, if legislation will be required; and if he will make a statement on the matter. [19551/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The information requested by the Deputy is set out in the following tabular statement:

Agreement being negotiated or prepared	International Organisation (if any)	Whether it is proposed to ratify or accede	Will legislation be required?
Framework decision on the standing of victims in criminal proceedings	European Union	The framework decision is still the subject of negotiation at EU level.	It is not known as yet whether legislation is required
UN Convention Against Transnational Organised Crime.	United Nations	Negotiations on the United Nations Convention Against Transnational Organised Crime were completed in July this year and the convention is expected to be signed in December.	Some legislative changes may be required to enable Ireland to ratify that convention in due course. The Office of the Attorney General will be consulted on possible changes.
Protocol against the smuggling of migrants by land, air and sea, supplementing the UN Convention Against Transnational Organised Crime.Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the UN Convention Against Transnational Organised Crime.Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the UN Convention Against Transnational Organised Crime.	United Nations	Negotiations on the protocols to the United Nations Convention Against Transnational Organised Crime are still under way.	Some legislative changes may be required to enable Ireland to ratify that convention in due course. The Office of the Attorney General will be consulted on possible changes.
Agreement being negotiated or prepared	International Organisation (if any)	Whether it is proposed to ratify or accede	Will legislation be required?
Draft Convention on Cybercrime.	Council of Europe	Currently under negotiation.
Participation in elements of the Schengen Acquis.	European Union	Subject to the approval of both Houses of the Oireachtas in accordance with constitutional requirements.	Some legislative changes will be required
Revision of Lugano Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters.	European Union/European Free Trade Association	To be decided in due course.	Probably
Draft Convention on Jurisdiction and Foreign Judgements in Civil and Commercial Matters.	Hague Conference on Private International Law	To be decided in due course	Probably
Draft framework decision on combating fraud and counterfeiting of non-cash means of payment.	European Union	Yes – adoption	The necessary provisions have been included in the Criminal Justice (Theft and Fraud Offences) Bill, 2000 which is awaiting Second Stage.
Draft EU Initiative on Trafficking in People. The present proposal is for a mix of a directive and framework decision.	European Union	Initiative is at an early stage of negotiation. Matter will be brought before Government in due course in relation to the adoption of the proposal.	This would be dependent on the final text.
Draft Convention on improving mutual assistance in criminal matters	European Union	Matter will be brought before Government in due course in relation to ratification or adoption.	This would be dependent or the final text.

Draft 2nd Additional Protocol to the 1959 Mutual Assistance Convention

Council of Europe

Matter will be brought before Government in due course in relation to ratification or adoption.

This would be dependent on the final text.

Ruairí Quinn

Ceist:

882 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the international multilateral agreements under the auspices of his Department which have not been signed by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; if it is proposed to sign the agree ment; if so, when; if legislation is required; and if he will make a statement on the matter. [19566/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The information sought by the Deputy is set out in the following statement:

Agreement	Date and Place it was opened for signature	International Organisation, if any	Whether it is proposed to sign the Agreement	Will legislation be required?
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents	14 December 1973 New York	United Nations	It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place	Yes
Second Protocol to the European Convention on Extradition.	13 December 1977 Paris	Council of Europe	It is intended that Ireland will sign the protocol as soon as the necessary implementing legislation is in place.	Yes
Agreement	Date and Place it was opened for signature	International Organisation, if any	Whether it is proposed to sign the Agreement	Will legislation be required?
International Convention against the Taking of Hostages	17 December 1979 New York	United Nations	It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place.	Yes
Agreement between the member states of the European Communities on the Simplification and Modernisation of Methods of Transmitting Extradition Requests.	26 May 1989San Sebastian	European Union	It is intended that Ireland will sign the agreement as soon as the necessary implementing legislation is in place.	Yes
Convention on the Marking of Plastic Explosives for the Purpose of Detection	1 March 1991 Montreal	International Civil Aviation Authority	It is intended that Ireland will sign the convention as soon as the necessary implementing legislation is in place	Yes
Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.	31 January 1995 Strasbourg	Council of Europe	It is intended that Ireland will sign the agreement as soon as the necessary implementing legislation is in place.	Yes
Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children.	19 October 1996The Hague	Hague Conference on Private International Law	Signature and ratification to be decided in due course when Protection of Children (Hague Convention) Bill, 1998 is passed.	Yes
Additional Protocol to the Convention on the Transfer of Sentenced Persons.	18 December 1997 Strasbourg	Council of Europe	The matter is currently under consideration.	Yes, amending legislation will be required if Ireland decides to ratify agreement.
European Convention on Nationality.	7 November 1997 Strasbourg	Council of Europe	Under consideration.	Under consideration.

The Deputy will appreciate that signature by Ireland of an international agreement is a matter for decision by Government. There are other international agreements which have not been signed by Ireland and in respect of which signature has not been proposed or remains under consideration. Many of these agreements are long standing and vary in their potential application to and interest for the State. Should the Deputy be concerned to seek the position in relation to any particular international agreement, I shall be glad to furnish him with any available information.

Ruairí Quinn

Ceist:

883 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the international multilateral agreements under the auspices of his Department which have been signed but not ratified or acceded to by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; if it is proposed to ratify or accede to the agreement; if so, when; if legislation is required; and if he will make a statement on the matter. [19581/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue):

The information requested by the Deputy is set out in the following tabular statement:

Agreement	Date and Place it wasopened for signature	InternationalOrganisation, ifany	Whether it is proposedto ratify or accede. Ifso, when this willoccur	Will legislation berequired?
International Convention on the Elimination of All Forms of Racial Discrimination. Signed by Ireland: 21 March 1968.	21 December 1965 New York	United Nations	Yes	The necessary legislation, namely the Employment Equality Act, 1998 and the Equal Status Act, 2000, has been enacted. Ratification of the convention is proposed in the coming months
European (Council of Europe) Convention on the Control of the Acquisition and Possession of Firearms by Individuals (1978). Signed by Ireland: 28 June 1978.	28 June 1978 Strasbourg	Council of Europe	Under consideration.	Yes
First Protocol concerning the Interpretation by the Court of Justice of the Convention on the Law Applicable to Contractual Obligations. Signed by Ireland: 19 December 1988	19 June 1980 Brussels	European Union	Yes. Measures necessary to ratify the protocol to be reviewed subject to disposal of legislative priorities.	Yes
United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. Signed by Ireland: 28 September 1992	December 1984 New York	United Nations	Yes. Government and Dáil approval will be sought in the near future for ratification and the making of certain declarations.	Necessary legislation already enacted.
Convention on the Accession of Spain and Portugal to the Convention on the Law Applicable to Contractual Obligations. Signed by Ireland: 18 May 1992	18 May 1992 Funchal	European Union	Yes. Legislation necessary to ratify the convention will be dealt with subject to disposal of legislative priorities.	Yes
Convention on Simplified Extradition Procedures between the Member States of the European Union. Signed by Ireland: 10 March 1995	10 March 1995 Brussels	European Union	Yes. As soon as the necessary implementing legislation, the preparation of which is under way, is in place.	Yes
Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 26 July 1995	26 July 1995 Dublin	European Union	Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.	Yes
European Convention on the Exercise of Children's Rights. Signed by Ireland: 25 January 1996	25 January 1996 Strasbourg	Council of Europe	Arrangements to ratify the convention will be made when certain provisions in the Children Act, 1997, are brought into force.	No
Agreement	Date and Place it wasopened for signature	InternationalOrganisation, ifany	Whether it is proposedto ratify or accede. Ifso, when this willoccur	Will legislation berequired?
Convention relating to Extradition between the Member States of the European Union. Signed by Ireland: 27 September 1996	27 September 1996 Dublin	European Union	Yes. As soon as the necessary implementing legislation, the preparation of which is under way, is in place.	Yes
Protocol to the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 27 September 1996	27 September 1996 Brussels	European Union	Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.	Yes
Convention on the Accession of Austria, Finland and Sweden to the Convention on the Law Applicable to Contractual Obligations (as amended) and to the First and Second Protocols on its interpretation by the Court of Justice Signed by Ireland: 29 November 1996	29 November 1996 Brussels	European Union	Yes. Legislation necessary to enable ratification of the convention will be dealt with subject to disposal of legislative priorities.	Yes
Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 29 November 1996	29 November 1996 Brussels	European Union	Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.	Yes
Convention on the Service in the Member States of the European Union of Judicial and Extra Judicial Documents in Civil and Commercial Matters and the Protocol on the Interpretation of the Convention by the Court of Justice of the European Communities. Signed by Ireland: 26 May 1997	26 May 1997 Brussels	European Union	The subject matter of this convention formed the basis for a Commission proposal for a Council Regulation which was adopted by the Justice and Home Affairs Council in May 2000. That Regulation will enter into force in 31 May, 2001.	In the normal course, primary legislation should not be required.
Convention on Corruption involving Officials of the EU or of Member States of the European Union. Signed by Ireland: 26 May 1997	26 May 1997 Brussels	European Union	Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.	Yes
Second Protocol to the Convention on the Protection of the European Communities Financial Interests. Signed by Ireland: 19 June 1997	19 June 1997 Brussels	European Union	Yes. As soon as the necessary implementing legislation, which is awaiting Second Stage in the Dáil, is in place.	Yes
Agreement	Date and Place it wasopened for signature	InternationalOrganisation, ifany	Whether it is proposedto ratify or accede. Ifso, when this willoccur	Will legislation berequired?
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Signed by Ireland: 17 December 1997	21 November 1997 Paris	OECD	Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.	Yes
United Nations Convention for the Suppression of Terrorist Bombings. Signed by Ireland: 29 May 1998	12 January 1998 New York	United Nations	Yes. As soon as the necessary implementing legislation is in place.	Yes
Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Matrimonial Matters and the Protocol on its Interpretation by the Court of Justice of the European Communities. Signed by Ireland: 28 May 1998.	28 May 1998 Brussels	European Union	The subject matter of this convention formed the basis for a Commission proposal for a Council Regulation which was adopted by the Justice and Home Affairs Council in May 2000. That Regulation will enter into force on 1 March 2001.	In the normal course, primary legislation should not be required.
Council of Europe Criminal Law Convention on Corruption. Signed by Ireland: 7 May 1999	27 January 1999 Strasbourg	Council of Europe	Yes. As soon as the necessary implementing legislation, which has commenced Second Stage in the Dáil, is in place.	Yes
Civil Law Convention on Corruption. Signed by Ireland: 4 November 1999	4 November 1999 Strasbourg	Council of Europe	Under consideration.	Under consideration.
Convention on Mutual Legal Assistance in Criminal Matters. Signed by Ireland: 29 May 2000	29 May 2000 Brussels	European Union	Yes. As soon as the necessary implementing legislation is in place.	Yes
Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. Signed by Ireland: 7 September 2000	5 June 2000 New York	United Nations	Yes. As soon as any legislation, the necessity for which is being examined, is in place.	Maybe

On 7 September 2000, in New York, the Taoiseach signed and ratified the optional protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. No legislation is required in relation to the optional protocol.