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Dáil Éireann díospóireacht -
Wednesday, 2 Oct 2013

Vol. 815 No. 2

Priority Questions

Foreign Conflicts

Brendan Smith

Ceist:

1. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the engagement he has had at European Union level and at United Nations level in relation to the urgent need to bring an end to the ongoing conflict and loss of life in Syria; the efforts being made to ensure that the international community meets its obligations to provide adequate humanitarian assistance to Syria and adjoining areas in view of the very serious problems that have arisen due to the displacement of 6.5 million persons; and if he will make a statement on the matter. [41479/13]

The crisis in Syria dominated discussions at the UN General Assembly last week, which I attended, and formed one of the principal themes in my address to the General Assembly on 28 September. I have consistently argued that the United Nations and the Security Council must be central to efforts to resolve this crisis and ensure international law and basic human rights are upheld. Despite the long delay in reaching this stage, I welcome the decisive action the Security Council has now taken on Syria. Full implementation of Resolution 2118, providing for the complete elimination of Syria’s chemical weapons and full compliance by Syria with its obligations, is now imperative. Ireland has pledged €200,000 in funding to support the Organisation for the Prohibition of Chemical Weapons, assisted by the United Nations, in implementing these arrangements.

The Security Council has also called for the early convening of the Geneva II peace conference, I hope by mid-November. Syria’s conflict can only be resolved politically, not militarily. Peace can only come through all Syrians engaging in a genuine, representative and inclusive process to agree a new political dispensation in their country. I also welcome the Security Council’s clear call for accountability for what has occurred in Syria. I have long called for these crimes to be referred to the International Criminal Court which is in place precisely for this purpose.

Ireland is playing its part in the international effort to meet the massive needs both inside Syria and in the wider region, having contributed almost €11 million to fund relief efforts to date. On a per capita basis, we are one of the most generous contributors in the world in dealing with the Syrian humanitarian crisis. Ireland has also been consistent in its efforts at EU and international level to highlight the grave humanitarian dimensions of the crisis and the need for the international community to meet its obligations in providing life-saving assistance for Syria and neighbouring countries. The Minister of State, Deputy Joe Costello, will travel to the region in early October to assess the current situation on the ground.

I thank the Tánaiste for his reply. It is welcome, as he has stated, rightly, that the Syrian crisis was the main topic of discussion at the UN Security Council last week. Once again, however, the Council has been, as it is has been for so long, ineffective in dealing with this issue. As the Tánaiste said, the European Union is playing its part in providing humanitarian aid. After two and a half years of bloody conflict in Syria, more than 100,000 people are dead and 6.5 million are displaced, with over 2 million, or 10% of the Syrian population, now refugees in adjoining countries. All of these figures for different aspects of the crisis paint very clearly for us what a humanitarian disaster it is. In the first six months of this civil war, 2,600 people were killed; in the past six months that figure has risen to 30,000. The intensification of murders and the loss of life is frightening. Will the Tánaiste indicate whether the European Union is co-ordinating a response in assisting refugees from Syria and the wider area?

I agree with the Deputy that the scale of the crisis is enormous. Over 100,000 people have been killed and several million driven out of their homes, many of them into refugee camps in Turkey, Lebanon and Jordan, in particular. That, in turn, is placing great strain on these countries and their resources. The European Union's response, in which Ireland participates, is, in the first instance, on the humanitarian side. It has contributed €1.8 billion to date in humanitarian assistance, which is by far the biggest contribution in the world in dealing with the humanitarian crisis in Syria. It also played a very constructive role in bringing about a situation where the United States and Russia engaged and agreed a formula for dealing with the chemical weapons issue. As the Deputy knows, that formula has now been enshrined in the Organisation for the Prohibition of Chemical Weapons and also by way of a Security Council resolution which is being implemented. It was late in coming but welcome nevertheless.

The most recent figure I saw from the United States indicates that every 15 seconds a Syrian person flees the country, which is frightening. Does the Tánaiste yet know the countries which have agreed to participate in the Geneva II talks to be held in November? Does he foresee a situation where the perpetrators of the chemical weapons attack in Syria will be brought before the International Criminal Court to be tried for their outrageous behaviour and the mass murder of innocent people?

First, the agreement which was reached between the United States and Russia on Syrian chemical weapons represents a significant breakthrough by both countries in their positions on Syria. It also represents an opportunity to revive the Geneva II peace talks. The Security Council, in Resolution 2118, has called for the early convening of an international conference and the Secretary General, Ban Ki-moon, has said he will try to convene such a conference by mid-November. This is something I discussed directly with him last Saturday. Clearly, the issue of who will participate is still very much in flow and there is still some discussion about it.

On the International Criminal Court, the position of Ireland, in which we are joined by a number of countries, has consistently been that those responsible for the atrocities in Syria must be held accountable and brought before the court.

Homophobic Crime

Seán Crowe

Ceist:

2. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to recent anti-LGBT legislation passed in Russia; the accompanied increase in violent attacks on Russian LGBT citizens; if Ireland’s representative to the Council of Europe raised it at their meeting in Strasbourg on 22 to 24 September; and if he has raised this human rights issue with the Russian Government. [41296/13]

As the Deputy will be aware, I have made lesbian, gay, bisexual, transgender and intersex, LGBTI, rights a human rights priority and I am firmly committed to combating discrimination on the grounds of sexual orientation or gender identity. I have expressed our strong disagreement with recent LGBTI-related Russian legislation. Such legislation, while purporting to protect young people, is more likely to result in the further stigmatisation and criminalisation of LGBTI young people. My Department has made our position known to senior officials at the Russian Embassy and it is my intention to raise the matter at my next meeting with a Russian Minister.

Reports of a recent upsurge in violence against LGBTI people in the Russian Federation are a matter of grave concern, including deeply disturbing Internet footage purporting to show young LGBTI individuals being lured to a location and violently assaulted. Let me state clearly that any act of violence directed against members of the LGBTI community in Russia, or anywhere else for that matter, is unacceptable and to be deplored. While polls suggest the recent legislation enjoys broad popular support in Russia, I believe no Government should legislate for prejudices but rather should confront and overcome them.

Ireland worked to ensure the EU statement at the 24th session of the Human Rights Council in Geneva on 17 September contained a strong reference to our serious concerns about Russian LGBTI legislation and called on the Russian Federation to strive for greater inclusiveness and tolerance. Ireland’s Permanent Representative to the Council of Europe restated Ireland’s position last week and noted that respect for the rights and freedoms of LGBTI persons was now an accepted norm across Europe and that society had benefited from this. In my own statement to the UN General Assembly on 28 September I was critical of legal measures increasingly being adopted which did not protect human rights in law but instead discriminated against people on the basis of their sexual orientation or gender identity.

The European Union is considering how best to ensure our concerns are kept firmly on the agenda of the Union’s structured dialogue with Russia, which includes specific consultations on human rights. Ireland will continue to participate actively in the Union’s preparations for these and other senior level meetings with Russian representatives.

On 30 June the Russian President, Mr. Vladimir Putin, signed into law the Bill banning the "propaganda of non-traditional sexual relations to minors".

I tabled this question in order to draw attention to what is happening in that country and to afford an opportunity for this House to put forward a unified voice in articulating our total abhorrence of how LGBTI people are being treated in Russia. The posting of online videos of homophobic attacks, which are being done under the cloak of this legislation, have shown incidents of kidnap, assault and torture and serve, in their turn, to encourage more such attacks.

The United States President, Barack Obama, has spoken out openly against the new law. The Australian Government has called on the International Olympic Committee to reconsider the staging of the Winter Olympic Games in Russia. As part of the global speak-out day of action, at least 33 cities in 21 countries held events to protest the legislation. An online petition has received huge support. The Tánaiste indicated that he condemns the law and has made our position known to the Russian ambassador. The Tánaiste further stated that he is committed to pressing the issue bilaterally, at EU and international level. Is there anything else we in this House can do to articulate our opposition to this law? It is important to note that the measure has an impact beyond Russia in that it will encourage governments in other countries which would seek to introduce similar laws.

We have already pursued this issue on a number of levels. My Department has been in contact with the Russian chargé d'affaires to inform him of our concerns. I have asked officials to engage actively on this issue in various international fora and to explore which avenues can most effectively be pursued in voicing our concerns, including with our partners in the European Union. Together with our like minded partners we worked to ensure that the EU statement at the 24th session of the Human Rights Council contained a strong reference to our serious concern regarding the Russian LGBTI legislation. We again expressed our concern at the meeting last week in Strasbourg of the committee of Ministers' deputies of the Council of Europe, of which Russia is a member. In my statement at the United Nations General Assembly I was very critical of legal measures being adopted which do not protect human rights in law and instead discriminate against people on the basis of sexual orientation or gender identity. I specifically identified with the courageous leadership shown by the UN Secretary General when he promised in April to lead a global campaign for gay rights. I am due to meet a member of the Russian Government in the near future, when I intend to take the opportunity to discuss this issue.

I welcome the Tánaiste's undertaking to raise this issue once again with the Russian Government. It is bizarre that the victims of homophobic attacks are themselves being blamed for what was done to them. I cannot understand where this legislation is coming from, the history of it and so on. It is important that we all stand together in this House in voicing our absolute opposition to it. I urge the Tánaiste to raise the issue with the Russian authorities at every opportunity. The legislation is unacceptable and archaic. The most bizarre element, as I said, is that the victims of attacks arising out of the new law are being blamed for the crimes inflicted on them.

As I said, we have identified LGBTI rights as a priority human rights issue. It is something we are actively pursuing through our membership of the Human Rights Council, which we took up last January. In addition, we are using other international fora to press for action in this area. We will continue to bring our concerns regarding the new legislation to the Russian authorities. We will be making the point very clearly that, as far as we are concerned, human rights are universal and should apply in the same way in Russia as they apply anywhere else.

Extraordinary Rendition Operations

Mick Wallace

Ceist:

3. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade the action he will take in response to the statement on 11 September 2013 by Nils Muižnieks, Commissioner for Human Rights at the Council of Europe, that countries like Ireland which colluded with the kidnapping and torture of terror suspects by the CIA must investigate and atone for their actions; and if he will make a statement on the matter. [41527/13]

I have clearly stated on numerous occasions that the use of Irish airspace and airports for extraordinary rendition operations has not and will not be permitted under any circumstances. The current programme for Government states clearly that the Government "will enforce the prohibition of the use of Irish airports and related facilities for purposes not in line with the dictates of international law". Ireland does not and will not tolerate the use of our airspace or airports for any illegal purpose, including torture, rendition or the unauthorised detention of any individual.

We have co-operated fully with an investigation of the Council of Europe of the various allegations made in regard to secret prisons and extraordinary rendition. Out of 46 responses received, Ireland's was one of nine that was adjudged to be sufficiently comprehensive not to require additional clarification. Recent reports on extraordinary renditions do not provide any new information or evidence to support the assertion that Ireland permitted such activity. In particular, they do not suggest that any person has been subjected to extraordinary rendition through Irish airspace and airports. It has been made clear by the current and previous Governments that such activity would be considered completely unacceptable and illegal by Ireland.

However, should a person have evidence to suggest that any individual subject to extraordinary rendition has transited through an Irish airport, this evidence should be made available to An Garda Síochána so that an investigation can take place.

I am sure the Tánaiste is familiar with the report by Mr. Nils Muižnieks, Commissioner for Human Rights at the European Council. Mr. Muižnieks has been very critical of the failure by various governments to investigate possible instances of extraordinary rendition in their jurisdiction. They have proved unwilling, he says, to "establish the truth and ensure accountability for their complicity in the unlawful programme of 'extraordinary renditions' - involving abduction, detention and ill treatment of suspected terrorists”. He makes the point that the Western response to the events of 9 September 2011 has probably caused more suffering and violation of human rights than makes sense.

The Tánaiste referred to the need for evidence. We learned from WikiLeaks that a former Minister, Dermot Ahern, was conscious of the fact that extraordinary renditions had taken place through Shannon. I have not heard Mr. Ahern confirm that himself, but most of the information WikiLeaks has provided to date has been quite accurate. Mr. Muižnieks's report, which is appropriately entitled Globalising Torture, lists several examples of rendition flights which could have been linked to Shannon. Ireland, he says, is one of a number of countries with questions to answer. The reality is that if we do not look inside the aircraft in question, it is very difficult to be sure that everything is above board. I recall the Tánaiste being very keen, when he was in opposition, that these airplanes should be inspected. I am disappointed that he is no longer so keen now that he is in government.

It is important that we have accuracy on this issue. On 11 September the Council of Europe's Commissioner for Human Rights, Mr. Nils Muižnieks, issued a statement in which he criticised certain governments which had been unwilling to establish truth and accountability in regard to extraordinary renditions carried out by the CIA in Europe between 2000 and 2006. The reference to Ireland was made in a different part of the report, as one of 14 countries which, Mr. Muižnieks said, had still to account fully for their co-operation with what he described as the unlawful US programme.

I have two points to make in this regard. First, this claim is at variance with the 2006 position wherein Ireland was asked by the Council of Europe to clarify its position in this regard and its response was accepted by the Council. Second, to remove any doubt, this country does not and will not co-operate with unlawful activity by any other country in respect of our airports or airspace. If there is specific information which we need to follow up, we will do so.

Mr. Muižnieks's report lists 54 countries, spanning the continents of Africa, Asia, Australia, Europe and North America, which he claims have questions to answer on extraordinary rendition. Ireland is included among that number.

Amnesty International gave the example of the rendition of Khaled al-Maqtari. His plane refuelled at Shannon Airport on the day before it transferred him to the infamous Abu Ghraib prison in Iraq, where he was tortured. I do not know how familiar the Tánaiste is with this. During the time of Rory Brady, the Office of the Attorney General offered advice to the Garda Síochána, as a result of which the Garda Síochána has not searched any CIA or US military aircraft at Shannon Airport that may have been involved in extraordinary rendition. Did this order come from the Office of the Attorney General? Is the Tánaiste aware of this?

I am not aware of that advice. The Garda Síochána and the members of our Defence Forces are regularly positioned at Shannon Airport to look at this. We are conscious of ensuring Shannon Airport is not used for any unlawful or illegal purpose. If there is specific information that we can follow up on, we will do so. The Garda Síochána and the Defence Forces are aware of the Government's position and our determination to enforce it.

Does the Tánaiste not think that we should search the planes?

Northern Ireland Issues

Brendan Smith

Ceist:

4. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the engagement he has had to date with the Haass talks about flags, parades and legacy issues arising from the Troubles; and if he will make a statement on the matter. [41480/13]

Seán Crowe

Ceist:

5. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide details of the meeting he had with Dr. Richard Haass while he was in New York; the issues he raised with him; and the conclusions of the meeting. [41166/13]

I propose to take Questions Nos. 4 and 5 together.

I met Richard Haass in New York last week to discuss his work and the issues he has been asked to address by the Northern Ireland Executive. These issues comprise parades, flags and emblems and the past. Dr. Haass has committed to concluding his work by December and, to that end, he has embarked on an ambitious programme of work. My meeting with him in New York last week followed an earlier telephone conversation on 13 September. Our discussions to date have provided a valuable opportunity to consider these issues and to get his assessment of the way forward. I had met the UK Secretary of State for Northern Ireland, Theresa Villiers, on 23 September in advance of my meeting with Richard Haass on 25 September. When we met, I stressed to Dr. Haass that both Governments were determined to maintain and build on all the hard-won progress that has been achieved in Northern Ireland and that he, vice-chair Meghan O’Sullivan and their team have the full support of the Government in the difficult task that lies ahead.

Following my visit to Belfast on 29 August, I support in particular the wide process of consultation with civic society undertaken by Dr. Haass and Dr. O’Sullivan. A broad spectrum of people who are not part of the political process need to be given an opportunity to contribute to the debate on these difficult societal issues. Civil society has an important role to play in determining the best way forward. I am very pleased, therefore, that more than 100 groups and individuals have made written submissions to the process to date. I encourage all interested individuals and organisations and other representatives of wider society to consider making a written submission to this important process. I look forward to further close contact with Dr. Haass and his team over the coming months, and I hope to welcome him to Dublin during his next round of discussions.

I welcome the appointment of Ambassador Haass and Dr. O'Sullivan and I wish them well in their work. We have been critical of the fact that, over the past 18 months or two years, the political establishment in Northern Ireland has fallen back on the politics of parades and protest when it suits. We must get away from that. This initiative is important in building the next stage of the peace process.

Why is the Government not directly involved in the process? This is the first time in decades the Irish Government is not a participant in important talks. The Good Friday Agreement and the St. Andrews Agreement and other talks prior to those successful negotiations provided for a mutual commitment between this Government and the British Government to advancing the talks. It was very well supported by the United States authorities. Does the Tánaiste intend to be a participant in the talks and, if not, has the Government made a formal submission?

This process was one initiated by the Northern Ireland Executive. That body invited Dr. Richard Haass and his team to chair an all-party group in Northern Ireland to examine the idea of flags, parades and issues relating to the past. In the period leading up to its formation, there was a suggestion that there should be an independent chairman, possibly an international figure. The Northern Ireland Executive invited Dr. Richard Haass to chair the group and I welcome the fact that he has been appointed. The Irish Government intends to be part of the process and, following Dr. Haass's appointment, I spoke with him by telephone. I met him and made arrangements to have an ongoing engagement with him. As part of that process, I had discussions with the Secretary of State for Northern Ireland. The two Governments are involved through that mechanism.

Will the Irish Government make a formal submission to the talks? If so, will it be on the basis of assurances that any Government contributions to such discussions will be premised on the Good Friday Agreement principles of mutual respect, parity of esteem and justice and equal treatment for the identity, ethos and aspirations of both Unionist and Nationalist sections of our community? Would the Minister accept that the peace process itself has been violently attacked over the past number of months, with the shooting of a young woman in east Belfast and attacks on prison officers, police and British soldiers? These have been condemned by the Deputy First Minister, Martin McGuinness. Unfortunately, we do not see the same active participation coming from the leaders of Unionism. Does the Tánaiste agree this is one of the difficulties we face in respect of the process? How can the Tánaiste and the Irish Government encourage them to be more vocal?

I am concerned about recent developments in Northern Ireland. I set out that concern comprehensively in the speech I made to the British-Irish Association at Cambridge. I also touched on some of the wider issues and the context, and I referred to the work of Dr. Haass.

We must be very clear in how we react to attacks on the process and the pressure the process is under. The agreements stand and we stand to implement the agreements in full. We support institutions established by the agreements, including the Parades Commission, the determinations made by the Parades Commission and the work the PSNI had to do over the summer in implementing and policing the decisions made by the Parades Commission. Political leaders in Northern Ireland need to be very clear with quick condemnation when there are breaches of the law, when atrocities occur and when violent activity occurs. We cannot allow a situation where there is drift.

It is essential that we avoid the very unwelcome and unacceptable behaviour of last December and January on the parades and flags issue. We cannot have people accepting the determinations of the Parades Commission when it suits them. That message should be made clear to all political leaders in Northern Ireland. Does the Tánaiste know if Dr. Haass proposes to meet with groups from the Republic? We must emphasise continually that our State has a critical role to play in the next critical phase of the peace process.

We have an important long-term strategic interest in the success of the agreements, that were painstakingly put in place and on which so much work was done by so many stakeholders over many years.

Will the Minister be making a formal submission to the Haas talks and will it be based on the contributions of mutual respect for the different ethos of the Nationalists and Unionist communities?

First, I am pleased that Dr. Haas has widened his discussion beyond the political parties in Northern Ireland which are a party to the discussions and involved with civil society.

My understanding is that he does intend to have engagements with the South. He plans on coming to Dublin. I talked with him last week about this and we talked about some dates. He plans on coming, both to Dublin and to London. During those engagements, the Government will have discussions with him.

I have not yet decided whether to make a formal written submission to the process. There will be close engagement and we will be involved with that. Dr. Haas is engaged in the listening process as part of this. I intend to have a discussion with him when he is in Dublin, probably towards the end of October. Arising from that discussion, we will make a decision as to whether we should make a formal written submission or whether it would be more effective to engage with him by way of dialogue. That is something we will settle at a later point.

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