I move:
That leave be granted to introduce a Bill entitled an Act to provide comprehensive solidarity to Ukraine in the face of the unlawful war of aggression waged by the Russian Federation with the support of Belarus, to provide for criminal and civil liability in respect of the crime of aggression and related wrongs and for the recognition of qualifications of displaced persons, to make provision with extra-territorial effect in accordance with Article 29.8 of the Constitution and to provide for related matters.
The Ceann Comhairle will be aware that since the commencement of the hostilities in Ukraine ten months ago, the response of the Irish people through their Government has been very generous. We have accepted tens of thousands of refugees, we have imposed sanctions on the Russian Federation and we have used our position on the UN Security Council and within the EU to support the Ukrainian Government as much as we can.
The purpose of this Bill is to try to go further and implement into Irish law the crime of aggression that is recognised internationally but which as yet we have not adopted into Irish law. In 2001, the people amended the Constitution to ensure we could comply with the Rome Statute effected in respect of the establishment of the International Criminal Court in 1998. That specifically outlined that certain offences would be regarded internationally as offending international law. Those offences were genocide, crimes against humanity and war crimes. However, during the course of the debates in Rome leading up to that agreement, agreement could not be reached on the crime of aggression. That was not agreed until 2010 in Kampala where a definition of the war crime of aggression was agreed internationally. Unfortunately, to date, that has not been implemented into Irish law. The effect of that is that should there be an opportunity for Ireland to seek to prosecute persons who were involved in the crime of aggression, we would not be able to do so because it is not a criminal offence here.
The purpose of the legislation, which I am introducing with the support and leave of the Fianna Fáil parliamentary party, is to make the crime of aggression a crime in Irish law. Under section 4 of the proposed Bill, there is a definition of the crime of aggression. Section 5 sets out what the offence is and that anyone involved in the crime of aggression will be committing a criminal offence here.
One of the advantages of this crime of aggression is that because of Article 29.8 of our Constitution, we are able to deal extraterritorially with the crime of aggression. Therefore, Ireland is not just limited to prosecuting in Ireland the crime of aggression that has to be committed within the territory in Ireland. It can be prosecuted if it takes place elsewhere internationally. Section 6 of the Bill also defines other ancillary Acts in respect of the crime of aggression so that those individuals who are assisting in that crime may also face prosecution and be subject to an offence. That is particularly relevant when one thinks of the assistance has been provided to Russia and to President Putin by the Belarusian regime.
Part 3, section 9 of the Bill sets out a separate issue. It sets that detail pertaining to the sanctions that have been imposed by the European Union on certain individuals associated with the Putin regime. It makes breach of those sanctions a criminal offence. At present in Ireland breach of those sanctions is not yet a criminal offence but section 10 of the proposed Bill ensures that anyone who breaches sanctions would be guilty of an offence in Irish law.
Part 4 of the Bill talks about how we should also impose civil liability on those have been involved in the crime of aggression. Obviously the mainstay of the Bill is in respect of imposing criminal liability but there is no reason civil liability could not also be imposed which would have the benefit of ensuring that people who are responsible for the crime of aggression against Ukraine would be amenable before the Irish courts in terms of a civil action for damages.
Part 5 of the Bill deals with a separate issue, which is to require the Government to introduce regulations to give effect to the qualifications of people who have fled Ukraine. There are very many people who have come to this country, and who are very welcome, who have qualifications, such as lawyers, doctors and accountants. Those people want to work here but at present there is great difficulty in terms of getting the appropriate qualifications and recognitions to carry out their area of expertise. Under section 13 of the Bill, there would be a requirement on Government to review that issue and to put forward proposals as to how we could recognise the qualifications those people have.
That is just an overview of the legislation, which is worthwhile. It will land ultimately on whoever is the next Minister for Foreign Affairs. I do not think either of the potential candidates are here on the Front Bench-----
