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Dáil Éireann díospóireacht -
Tuesday, 18 Feb 2003

Vol. 561 No. 4

Priority Questions. - Export Licensing.

Arthur Morgan

Ceist:

106 Mr. Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the way in which the research she has promised into the present export licensing system for military and dual use goods will be carried out; the mechanisms for wide consultation which will be put in place; if the final report arising from the research commissioned into Irish links to the arms trade will be made public; if she will undertake to honour recommendations made in the final report; and her views on the need to set up an Oireachtas committee, possibly modelled on the recently established UK Quadripartite Committee, to deal specifically with issues relating to the export of military and dual use goods from Ireland. [4692/03]

Concerns both at national and international level about proliferation of dual-use and military goods, as well as associated activities, have increased considerably in recent years. At international level, the concerns have been strongly expressed in the various fora dealing with non-proliferation matters. The 11 September attacks in the US, as well as recent developments in other regions of the world, have inevitably heightened international anxiety in this regard.

Given the increasing focus on the necessity to strengthen strategic export control rules, it is important to ensure that Ireland's export controls are up to the best international standards. In this context, my Department has asked Forfás to undertake a review of our strategic controls systems with a view to recommending how best we can modernise and strengthen them to ensure full compliance with Ireland's international obligations. Economic consultants have been commissioned by Forfás to carry out the review, which has just got under way.

The review will be undertaken in two phases. Phase one of the exercise will involve the consultants interviewing the main parties who have a role or interest in the area of export controls. The objectives of this phase are to define precisely the study objectives, specify the specific issues to which this gives rise and identify the work that is needed to carry out the subsequent full phase two project. In this regard, it is envisaged that phase two will involve a much wider consultation process. I see no reason the reports submitted under the review should not be made publicly available. Clearly, the issues to be identified and any decisions to be made arising from the review will have to await conclusion of the review.

Does the Minister agree with the results of the recent Amnesty International report, appropriately entitled "Decoding the Deals"? The title is also appropriate for a Department where the Minister has been in office, in coalition with Fianna Fáil, for almost six years. Does the Minister agree that as a result of the Amnesty International report it could be argued that if a company wanted to deliberately set up a system of licensing with a view to specifically frustrating parliamentary scrutiny of these dual use military exports, then Ireland would be the perfect model upon which to place it? While there is some acknowledgement that the report currently under way may be published, may we have a guarantee that it will be, and an indication of the timing?

With regard to the licensing issue, many countries do not have legislation covering licence production agreements, that is, where a company allows another company to manufacture controlled products under licence. While there are no specific controls in Ireland on licensed production, important activities associated with this issue are subject to control. For example, any transfer of technology related to the manufacture of military items would be subject to national export licence requirements. Similarly, an export of any specifically designed parts or components related to the licensed production of military goods would also be controlled. While there is no reason to believe Irish companies avail of licensed production agreements to avoid our export control system, the previous Minister of State had indicated support in principle for the introduction of controls on licensed production. With regard to the other question the Deputy raised, we have no objection to the report being made publicly available.

We are told the Government's policy is the promotion and protection of human rights, that that is at the heart of Irish foreign policy, and yet there is no scrutiny of these mili tary exports taking place. Is there an interim measure which can be introduced which would facilitate the setting up of a scrutiny committee of the Dáil to begin this process?

The list of military items subject to export control is set out in orders made under the Control of Exports Act 1983 and the most recent list is contained in the Control of Exports Order 2000. The list largely reflects the Wassenaar Arrangements munitions list. The WA is one of a number of international non-proliferation regimes of which Ireland is a member. Any items being exported must get clearance from the Department of Enterprise, Trade and Employment and also are subject to criteria set down by the Department of Foreign Affairs.

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