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Gnáthamharc

JOINT COMMITTEE ON EUROPEAN AFFAIRS díospóireacht -
Wednesday, 8 Dec 2004

General Affairs and External Relations Council: Ministerial Presentation.

I apologise to the Minister of State, Deputy Treacy, for keeping him waiting while we were finalising our draft report on Turkey which must be ready before 17 December. I suggest we continue the format where we divide the agenda into general affairs and external relations. The Minister of State will first make a presentation on general affairs and I will then call members to put questions to him. We will then proceed to deal with external relations.

Is cúis áthais dom agus do m'oifigí bheith anseo. Tréaslaím an coiste as ucht na hoibre atá á déanamh agus an iniúchachta atá déanta go háirithe ón chruinniú a bhí againn mí ó shin.

I am very pleased to have this opportunity to come before the committee. Next Monday's meeting of the General Affairs and External Relations Council, GAERC, will be devoted largely to the preparations for the European Council meeting on 16 and 17 December. Ireland will be represented at the Council by my colleague, the Minister for Foreign Affairs, Deputy Dermot Ahern, and me. I will also attend a working lunch for European Affairs Ministers organised by the Presidency on communicating Europe. This has now become standard practice since the Irish Presidency.

The agenda for the Council meeting is very heavy. In line with the wishes of the Chair, I propose to address the items on the general affairs side before dealing with external relations. However, I am mindful of the time constraints on the committee. I would not want a situation to arise where we would not have time to deal with external relations.

The Presidency has circulated draft European Council conclusions on enlargement, terrorism, the financial framework for the period 2007-13, the area of freedom, security and justice, external affairs and other issues. They are being discussed by the Committee of Permanent Representatives, COREPER, today and tomorrow in Brussels. It is expected a revised version to take account of the discussions in COREPER and other developments will be available for consideration by Ministers on Monday.

The Council will consider a series of enlargement issues as part of the final preparations for the European Council. These are the closing of accession negotiations with Bulgaria and Romania, a date for the opening of negotiations with Croatia and the next step in consideration of Turkey's application for membership. The discussion is likely to focus primarily on Turkey. The European Council must decide whether Turkey fulfils the Copenhagen political criteria and, if so, when accession negotiations should open. This is a very important decision for the European Union which will have an impact on its development in the coming decades.

I congratulate the committee for taking the initiative to visit Turkey in November to assess the issue of possible Turkish accession. I understand it will present a report on the issue in the coming days. I salute it on its work to date. The Government looks forward to receiving the report which will be of great value in its preparations for the European Council.

The European Council will consider the progress made by Croatia in preparation for the opening of accession negotiations. Ireland believes the European Union should maintain the decision taken at the European Council last June to open negotiations with Croatia in early 2005. I hope next week's European Council will be able to agree on a precise date for the bilateral IGC to begin negotiations, perhaps in March.

The issue of co-operation with the war crimes tribunal in The Hague is an extremely important one for Croatia and all countries of the western Balkans. There are concerns that while Croatia has significantly improved its level of co-operation in the past year, one senior figure indicted by the tribunal remains at large. Ireland will agree with any proposal to insert a clear requirement for full co-operation with the tribunal into the negotiating framework which must be agreed by the European Council in advance of the opening of accession negotiations.

With regard to Bulgaria and Romania, the European Council should be in a position to note that negotiations have concluded. Signature of an accession treaty is due to take place early next year. If both countries are ready, accession is set for January 2007.

Last June's European Council adopted the EU plan of action on combating terrorism. The action plan sets out the detailed measures which the European Union intends to take under seven strategic headings. Each of the approximately 170 actions is accompanied by a timeframe for implementation. The European Council also provided for the holding of progress reviews on implementation of the plan every six months. The December European Council will hold the first such review. It will receive and consider a report from Mr. Javier Solana on progress in the fight against terrorism. This report is expected to be positive, reflecting the good progress achieved under the Dutch Presidency and since the appointment of the EU counter-terrorism co-ordinator.

The European Council will also be asked to take note of some supporting documents dealing with particular aspects of the implementation of the plan of action. These address such issues as the strengthening of the fight against the financing of terrorism; the integration of the fight against terrorism with external policy; the integration of an intelligence capacity in the general secretariat of the Council; conclusions on prevention, preparedness and response to terrorist attacks; the draft EU solidarity programme on the consequences of terrorist threats and attacks.

Ireland actively participated in the negotiation of all these texts. It added language to the proposal on external policy which will strengthen the human rights input in the fight against terrorism. I, therefore, commend these proposals to the committee as making a practical contribution to many areas of the counter-terrorism project and as taking some important steps to further protect the public from the terrorist threat.

The Council will consider the future financial perspectives as part of its preparations for the European Council, focusing, in particular, on the latest Presidency draft conclusions on the issue. In their current form, the draft conclusions take account of many of our key concerns. They recognise that the October 2002 agreement on the Common Agricultural Policy is part of the overall agreement, an issue consistently highlighted by us. They reflect our view that the main effort of cohesion policy should be directed towards reducing the disparities in development levels in the enlarged Union. They also refer to the benefit of EU expenditure in promoting the objectives of the Lisbon agenda. Furthermore, they highlight the need for the European Union to have adequate means to enable it to meet its international responsibilities. The Government considers the Union must be adequately equipped to play an international role on a par with its economic weight. This is critically important for its future. The Presidency's conclusions also make reference to the multi-annual strategic programme which sets a deadline of June 2005 for political agreement on this dossier.

The European Council will take note of the EU drugs strategy for the period 2005 to 2012. This represents the European Union's effort to give added value to existing national drugs strategies through the application of balanced measures in the areas of demand and supply reduction. Its general aim is the attainment of health protection, well-being and social cohesion while ensuring a high level of security for the general public. Ireland participated fully in the negotiation of the new strategy and endorses its approach.

The Justice and Home Affairs Council on 19 November adopted common basic principles for immigrant integration policy in member states. The draft European Council conclusions welcome these common principles as the basis for a comprehensive framework on immigrant integration. Ireland supports the overall approach as the best route to seek to address a growing challenge for member states and the European Union as a whole.

The European Council is expected to consider a broad range of external relations items reflecting the breadth and depth of the European Union's international engagement. The Presidency has indicated conclusions may be adopted on Iran, Afghanistan and Iraq; on relations with the countries of the Mediterranean and the Middle East; on the report of the UN high-level panel on threats, challenges and change; on relations with key partners such as the United States and Russia, and recent developments in the European Security and Defence Policy. On Monday Ministers will have an opportunity to review the draft conclusions on these items which are being prepared by the relevant working groups in Brussels.

The Presidency has indicated that at the European Council Foreign Ministers will discuss the latest developments in Ukraine and the situation in the Middle East peace process. On the basis of this discussion, the European Council is expected to adopt declarations on each of these topics reflecting their importance for the European Union. The text of these declarations is not available at this time. With the agreement of the Chairman, I will comment on the situation in Ukraine and the Middle East peace process under the external relations heading as they are also full agenda items for Monday's meeting.

The draft European Council conclusions emphasise the importance of ensuring a coherent contribution of community overseas development assistance, ODA, to poverty eradication in all developing countries, with a particular need to increase the focus on the poorest, especially in Africa. The European Council is likely to confirm its full commitment to the need to make progress towards the achievement of the millennium development goals, especially in sub-Saharan Africa. It will also welcome the consultation of member states by the European Commission with a view to presenting to the GAERC in April 2005 concrete proposals on setting new and adequate ODA targets for the period 2009-10.

Other issues listed by the Presidency for mention in the European Council conclusions are a Presidency initiative on commonly shared values, enhanced consular co-operation and preparatory work on the European external action service.

The second substantive item on the general affairs agenda is the annual programme of the Council for 2005 which has been drawn up by the incoming Luxembourg and UK Presidencies. The draft programme which has been sent to the committee sets out the challenges which will face the European Union in 2005 and outlines how the two Presidencies intend to address them. The intention is to build on and implement existing strategies and policies. The following key priorities are listed in the draft programme: future financial perspective; the Lisbon agenda; the Common Agricultural Policy and fisheries; sustainable development; freedom, security and justice — the next steps; future accessions to the Union; enhancing global stability and prosperity; the constitutional treaty: preparing entry into force.

The item on official languages in the European Union which is on the agenda at the request of Spain and Ireland will provide an opportunity to recall that the Government has tabled a proposal requesting that official and working status in the European Union be accorded to the Irish language and to outline the proposal. Two weeks ago, on 24 November, Ireland formally tabled a proposal in Brussels, requesting that official and working status in the European Union be accorded to the Irish language. In effect, the Government is proposing that certain key EU legislation, adopted jointly by the Council and the European Parliament, would be translated into Irish. Under the proposal, the possibility of extending the range of documents to be translated into Irish would be the subject of a review to take place not later than four years after adoption of the current proposal. The proposal would require the amendment of Regulation 1 of 1958 which governs the Union's language regime to include Irish as an official and working language. Amendment of this regulation would require the unanimous approval of partners.

When legislation was going through the Oireachtas about a year ago relating to the interdiction of drugs on the high seas, the Commander of the Naval Service made it clear to me that they always had difficulties with heroin coming from places such as Afghanistan. I read recently that there was a bumper poppy crop this year and that Europe is experiencing a large increase in the amounts of heroin being shipped from Afghanistan. Perhaps the Minister could investigate the lines of communication with Afghanistan and with the United States regarding their attempts to prevent the trafficking and transport of drugs to Europe. It has been made clear that we are seeing a large increase in heroin coming directly from that area.

I very much appreciate the Chairman's contribution and we will take up that suggestion. Ireland is very concerned about the levels of opium production in Afghanistan and the effect on the world drugs trade. Almost all the heroin consumed in Ireland comes from Afghanistan. With our EU partners, we fully support the Afghan authorities' uncompromising stand on the illicit cultivation of and trafficking in drugs. The new European drug strategy due to be adopted at the December EU Council stresses the need for particular co-operation with Afghanistan and this will be elaborated further in the next action plan which the Commission will present in 2005. Over the past two years Ireland has contributed €500,000 per annum to the United Nations Office on Drugs and Crime, €300,000 of which has been channelled each year into counter-narcotics projects in this region.

We have our own lines of operation here involving the Naval Service, the Army, the Garda Síochána and the customs and excise. We work very closely with and through all these bodies and through our intelligence agencies. We passed the Customs and Excise [No. 2] Bill in the late 1980s to give the same powers to customs and excise officers as to the Garda and Army officers to pursue people involved. We work very closely with both Europol and Interpol and will continue to collaborate at European and international level through the UN and others in the constant fight which is critical on a global and domestic scale against this dreaded situation.

It is clear from my discussions with the Naval Service that it readily admits it does not get everything. Only a percentage of the shipments to Ireland are intercepted. In many areas Ireland has an unprotected coastline, regardless of the good work or ability of the Naval Service. Some towns have experienced an influx of heroin, a drug which in many cases had never been seen there before. We are losing this war and we are facing the prospect of a worsening situation. The only way to achieve an improvement is by making an impact where the drug is produced. We have a duty to achieve more direct action at a European level.

I agree with the Chairman, but while we can co-operate with the United Nations and work together in a coherent manner to minimise opportunities at source, we also need a strong cultural attitude here. We must educate ourselves as to our responsibilities as a nation, as leaders, public representatives, teachers, as parents regarding the management of cash resources available to young people, and also in respect of the youth services and the availability of resources. We must be responsible on an individual basis and within the family, and on a national basis from Government to youth organisations. All these areas must be worked at very carefully in order that surplus cash is not available to young people. We are very high users of alcohol, which is a major problem. We as a society must tackle the problems of drugs and alcohol, as individuals, as a community and as a nation, otherwise the challenge may be greater than the commitment.

I welcome the Minister and thank him for his contribution. What is the Government's current attitude to the issue of Turkey's accession to the EU? Is the Minister happy that the accession discussions on 17 December will go smoothly? Does he see the reservations of Cyprus as a major stumbling block? Have bilateral discussions taken place with individual states to ascertain their attitudes in advance of the meeting on 17 December? My view is that if there are any hiccups at that meeting it will be a disaster for all concerned, and certainly for human rights groups within Turkey who see this as a lifeline. What preparation has the Government made to avoid a veto on 17 December?

My other question relates to the budgets being prepared by the Commission and the 25 member states for the period 2007-2013. Despite the emphasis in the draft European constitution on Third World development, it seems that the budget will be cut in that period from 48% to about 43%. What is the Government's attitude to the current proposals by the EU Commission? Does the Minister agree with my analysis that the Commission proposals will risk undermining the constitutional treaty? What steps is he taking to ensure poverty eradication remains an overall goal of European development assistance? In the January Council conclusions the Irish Presidency obtained a commitment to the development of clear and objective criteria for the allocation of European aid. We were promised an ongoing follow-up to that commitment. What has happened since January?

As an addendum to that, we had a private session during which one of the members asked whether we should request the Minister's attendance at the committee next Wednesday to discuss our report on Turkey prior to the meeting.

I will respond and then try to answer that last question. We are here to ensure we get the best decision for our country and for Europe. The decision pertaining to Turkish accession will be crucial for the European Union and for Turkey. Successive European Councils have confirmed that Turkey is a candidate country for membership — of that there is no doubt. If next week's meeting decides Turkey fulfils the Copenhagen political criteria, the European Union will open accession negotiations. With our partners in the European Union, Ireland has worked closely with Turkey in recent years to encourage the wide-ranging reform process. Significant progress has been made in adopting human rights and administrative reforms. It is fair to say Turkey is being transformed. However, full implementation of the reforms is the key. The Government has welcomed the detailed and comprehensive report and recommendation presented by the European Commission on 6 October as a basis for the European Council decision. The Commission concludes Turkey sufficiently fulfils the political criteria and recommends the opening of accession negotiations.

Action is required of Turkey in bringing into force certain key reform legislative measures which have already been adopted. Turkey also needs to move to ensure a process begins on the recognition of Cyprus. There was a question raised about bilateral meetings. A week ago I discussed the situation with the Foreign Affairs Minister of Cyprus, whom I know well. I discussed it again yesterday with him at the OSCE meeting in Sofia. The Minister and his colleagues at official level have also held discussions. I expect to meet the Turkish ambassador to Ireland in the next few days. We are trying to put the final details together. I will be in Brussels tomorrow but hope to meet him either on Friday or next week to discuss the situation.

I am confident the Turkish Government will ensure the conditions are right for a positive decision to be made by the European Council on the opening of accession negotiations. It is important in the circumstances that the European Union sticks to its commitment to the opening of negotiations with the eventual objective of accession if Turkey meets the requirements for membership. Inevitably the negotiation process will be lengthy and the outcome is not guaranteed. However, at this stage there is a good likelihood that agreement will be reached to open negotiations in the second half of 2005. That is our best guesstimate at this time.

The June European Council welcomed the positive contribution of the Turkish Government to the efforts of the UN Secretary General to achieve a comprehensive solution to the Cyprus problem. The European Commission notes that Turkey continues to support efforts to resolve the problem. The search for a comprehensive settlement will continue to be led by the United Nations. Turkey does not recognise the Republic of Cyprus, a member state of the European Union. To date, it has not completed negotiations with the Commission to extend the customs union to take account of the accession of ten new member states. This is very important. I hope it will do so without further delay.

The European Commission recommendation states it expects a positive reply from Turkey to the invitation from the June European Council to conclude negotiations with the Commission which represents the Community and its 25 member states. It also notes that any accession negotiations would be held in the framework of an intergovernmental conference consisting of all 25 member states.

I hope the European Council's decision next week will provide the opportunity to begin a process leading to the normalisation of relations between Cyprus and Turkey. It is the Government's wish that we can move forward, albeit in a measured, practical, planned, positive and progressive way; that in doing so we will move everyone forward together and help Turkey in its relationship with Cyprus, and that under the umbrella of enlargement of the European Union, we can improve the situation to everyone's benefit. That is the goal of the European Union which Ireland fully supports.

On the question of the future financial framework raised by Deputy Allen, Ministers engaged in an extensive discussion of the European Commission's proposal on external relations at the last General Affairs and External Relations Council. There was general agreement that the European Union needed to be adequately equipped to play a global political role on a par with its economic weight. It is important it is seen to play a clear role. As it becomes a stronger economic entity and its demographics and territory expand, it must play a responsible global political role. In this context, its position is constantly being enhanced.

The Minister has broadly supported the European Commission's proposals to simplify the funding structure. While we agree there is a need to simplify the funding structure in respect of external relations, the Minister reiterated our concern that this should not lead to a dilution of the European Union's commitment to poverty reduction. He also underlined our view that development assistance should be focused on the least developed countries and allocated in accordance with objective criteria, based on performance and need, similar to those used by Ireland.

Does the Minister of State agree the proposals contained in the draft framework would erode the European Union's commitment to Third World development and weaken the case being made for the constitutional treaty? Would the transfer of monitoring powers from the European Parliament to the European Commission also weaken accountability in the spending of development aid funds?

The transfer of monitoring powers from the European Parliament to the European Commission would not weaken accountability. The Commission is a professional body which has the time and resources to manage the monitoring process and is obliged to report to the Parliament on the issue. It would be an added advantage in that it would bring the political and parliamentary views into focus in the monitoring work of the Commission and drive the Commission forward to perform to its maximum. That is important for the future.

The proposals do not erode the European Union's commitment to Third World aid. I cannot see how that could be.

From 48% to 43% of the budget.

We will continue negotiations to ensure ODA is not diminished. These are proposals. Many like-minded countries are committed to ensuring adequate resources will be made available. At the end of the day, there will be adequate funds available in keeping with the resources available within the European Union and also taking into account the requirement to assist the Third World. That is of paramount importance.

Seo ceist maidir leis an cheist atá an tAire Stáit ag ardú faoi stádas don Ghaeilge. An ea stádas iomlán nó stádas leath bealaigh atá i gceist anseo? I dtaobh an stádais atá sé ag lorg sa chinneadh, an mbeidh an teanga aitheanta mar theanga oibre dóibh siúd atá ag iarraidh chur isteach ar phostanna san Aontas Eorpach? Faoi láthair, níl sé aitheanta mar sin. Cad é an seans go nglacfar leis an iarratas atá an Rialtas tar éis a dhéanamh? Cad faoin cheist atá na Spáinigh ag ardú maidir le thrí theanga réigiúnda acu féin? An mbeidh na ceithre theanga ar an leibhéal chéanna?

Ní aontaím leis an Teachta Ó Snodaigh ar chor ar bith. Is é seo mo thuairim féin; ní doigh liom gur ionann é agus tuairim mo phairtí. Ní cheapaim go gcuireann a leithéid seo de pholasaí le fás, forbairt nó caomhnú na teanga ar chor ar bith. Tá a fhios againn go bhfuilimid ag iarraidh ar an Aontas Eorpach áiseanna a chur ar fáil nach raibh sa tír seo, nach bhfuil fiú amháin sa Stát Seirbhís anseo go dtí cúpla mí ó shin — b'fhéidir nach bhfuil siad ann anois. Táimid ag iarraidh air cáipéisí oifigiúla a aistriú go Gaeilge. Táimid ag iarraidh aistreoirí a bheith ann nach bhfuil aon ghá leo. Sin an cheist atá agamsa. Cén chaoi a chuireann sé sin le fás forbairt na Gaeilge?

Tá meas mór agam ar an teanga. Is é seo an seoid is luachmhara atá againn sa tír seo. Díríonn sí le muintir an domhain gur tír speisialta atá ann, go bhfuil ár dteanga ó dhúchas againn agus gurb é sin an teanga oifigiúil atá againn. Tá dualgas orainn, tar éis a bheith mar bhall le 30 bliain agus leis an tslí eacnamíochta atá againn, béim níos troime a chur ar leathnú, láidriú agus úsáid na teanga. Tá a fhios ag an choiste gur mhol muid sa mBruiséal ar 24 Samhna go mbeadh stádas oifigiúil ag an dteanga san Eoraip. Shocraigh an Rialtas ar an moladh sin ar 14 Iúil 2004. Leanfaimid ar aghaidh leis an díospóireacht le baill eile na hEorpa le linn na míosa atá le teacht agus beidh teagmháil againn le hinstitiúdaí na hEorpa ag iarraidh go mbeidh an stádas nua seo ar fáil don Ghaeilge.

Mhol muid sin leis an mBruiséal faoi Riail 1 de chuid Chonradh na Róimhe 1958. Is tríd an riail sin go bhfuil seans againn an stádas nua seo a fháil agus tá muid ag déanamh tréan-iarracht sin a bhaint amach. Dúirt an Seanadóir McDowell nach raibh tuiscint aige conas a chuirfeadh seo béim ar an dteanga ach ní aontaím leis. Cuirfidh sé tuilleadh Éireannaigh i mbun oibre ar an dteanga agus beidh an teanga ar chéim nua idirnáisiúnta. Beidh níos mó tuisceana agus suime ag muintir na tíre, muintir na Gaeltachta go háirithe, in eachtraí na hEorpa agus, dá bhrí sin, beidh an teanga níos láidre. I ndeireadh na dála, tá an rún seo an-tábhachtach dár gcultúr, dár dteanga agus dár dtír agus don nasc cultúrtha atá againn le cultúr na hEorpa.

With regard to our meeting on Wednesday, 15 December, I propose we contact the office of the Minister of State in the next couple of days to ascertain if he will be able to attend but nobody will condemn him if he cannot as it will give members an opportunity to speak on the report which will have been finalised before he attends the European Council.

No greater honour could be bestowed on a Minister from the Department of Foreign Affairs than an invitation to appear before this committee. If I am available, I will be here. We will be in Brussels tomorrow, Monday and Tuesday and again on Thursday and Friday of next week. I hope I will be able to slot in a meeting on Wednesday. Let the committee be assured that if we are given 48 hours notice, we will do our utmost to accommodate the request because we appreciate the key role members play and our responsibility to collaborate with them. We want to be here to ensure that together we can achieve a consensus in the best interests of the people.

In making those remarks the Minister of State has truly honoured the work of this committee.

The men from Maam Cross mart.

In the course of his presentation the Minister of State referred to immigrant integration policy. At its meeting on 19 November the Justice and Home Affairs Council adopted common basic principles for such a policy in member states. The draft European Council conclusions welcome these principles as the basis for a comprehensive framework on immigrant integration. We do not have a serious problem with the issue in Ireland but there is grave concern this is not being achieved in many parts of Europe. In particular, I am thinking of what is happening in the Netherlands. The Dutch MP, Mr. Geert Wilders, has formed a new party which is demanding that there be no immigration, other than western immigration, into Holland during the next five years. Opinion polls suggest that his new party has jumped into second place. While I acknowledge Holland has particular problems, I am aware of immigrants who have not accepted the German language or integrated into that country, particularly those from an Islamic background. What steps have been taken to tackle this? If there is a threat to Turkey joining the European Union, it is this concern hanging over us. Are sufficient steps being taken at European Union level to try to relieve the responsibility and concerns expressed about the integration of immigrants, particularly those from Islamic countries?

Senator Quinn's comments sum up the issue. What is the Government's thinking on this issue? We have often discussed the Lisbon agenda and one of the issues that comes to the fore is the need for migrant workers to keep the European Union working. This will not simply be a question for the rest of the Union but also for Ireland. When discussing immigrant integration policy, we do not see it as being applicable here. Senator Quinn raised the serious situation in Holland but pointed out that we did not as yet have a major problem. However, it is becoming an issue that must be taken seriously. Will the Minister of State outline the draft conclusions of the European Council and the impact they will have on what we are trying to put in place?

I agree with what our colleagues have said. We must take a broad view and a positive attitude to cultural diversity. It is very important that we realise citizens of all member states have equal rights and are here to make a contribution. We must give them due recognition. In the dark and difficult days for this country Irish people went all over the world and their contribution to other societies was recognised.

At its meeting on 19 November the Justice and Home Affairs Council adopted common basic principles for immigrant integration policy in member states. Ireland supported this initiative which seeks to address a growing challenge for individual member states and the Union as a whole. A harmonised approach has not been sought as there are too many differences between member states for such a policy to succeed.

The upcoming European Council is expected to welcome the establishment of the common principles as the basis for a comprehensive framework on immigrant integration. The agreed principles are expected to set in motion a formal process of debate and reflection on this complex area. The following are their key points: first, integration is a two way process involving immigrants and the host population — this is relevant to Ireland. There must be a recognition that the clients of integration are a diverse group with different needs, aspirations and expectations. Linguistic and civic knowledge is indispensable and immigrants must be empowered in these areas. Integration takes place primarily at local level and has a large anti-discriminatory element. Where it does take place successfully at local level, we can see its success. We can see examples in primary, second and third level institutions. Integration policies should be mainstreamed into public policy formation. Education and employment are crucial to integration. The practices of diverse cultures and religions must be safeguarded but at the same time they must be compatible with European and national law. The Constitution is very clear on the protection of these rights.

These are the guiding principles which have been put before the European Union to progress the issue. All member states are expected to work to achieve them and have them incorporated into our system in order that everybody will realise his or her potential in whatever society he or she finds himself or herself.

I thank the Minister of State for doing so much for our self-esteem. I have two questions. In the note of resolutions, decisions and opinions from the European Parliament in Strasbourg on 15 to 18 November, the Parliament called on the Council and the member states to maintain the EU embargo on trade in arms to the People's Republic of China and not to weaken the existing national limitations on such arm sales, and then asked the Council to ensure a coherent approach towards EU policy on the imposition of arms embargoes on governments responsible for serious violations of human rights. What is the Government's attitude to these sales? What does the Government intend to do at the GAERC meeting to make that view known?

The second matter was mentioned by the Minister of State in his address. Under the annual operating programme for the Council for 2005, one of the key priorities listed is preparing for the entry into force of the constitutional treaty. Where is the Government on the matter of putting the question to the Irish people on the constitutional treaty? What is the more general position within the Union? I note that Lithuania is the only member to have completed its ratification process to date. There is some time to do it but I would be interested to know what progress has been made.

On the duty of ratification here?

Yes, here and more widely within the Union.

On Senator Dardis's first question, there is no specific reference to the European Union arms embargo on China in the current version of the draft conclusions. The Government will continue to examine this question with our European Union partners, considering our overall relationship with China, our ongoing commitment to human rights and the broader regional and international context. This approach has been conveyed to the Chinese authorities, most recently during talks with Vice Premier Huang Ju on 16 November last and also by the Taoiseach during his discussions with Premier Wen when they met on the margins of the ASEM in Hanoi on 9 October last. The matter was raised on two different occasions with two of the most senior people in China.

I should add that this matter arose on the Order of Business in the Seanad and there was widespread condemnation of the fact that the embargo might be lifted.

We will take due note of that. If there is any further information on this issue in the discussion over the next week, we will respond to the Senator on it.

As the Senator stated, Lithuania has ratified the treaty. It is the first country to do so. We have until November 2006 to ratify the treaty. It is the Government's wish that there should be a wide-ranging debate on this issue and that in the new year we should move to discuss the treaty and go through the different strands of operations — debate, discussions and documentation. We have already published a major document, a guide on the treaty. We also published a small pamphlet. We will publish a White Paper in the new year which we hope will add to the debate. The Government will address the position vis-à-vis the referendum in the year ahead and take a decision on when the date of referendum and ratification will be.

I wish to ask a simple question on Turkey-Cyprus. In the wake of the referenda on the Annan proposals, the Commission proposed that a sum of €269 million should be provided to northern Cyprus, the Turkish part of Cyprus. I understand that is held up in Council. What is the Irish Government's attitude in that regard?

We are working to have this progressed as quickly as possible. We are aware of the difficulties and we are doing our best to ensure there is a consensus about having the money spent as quickly as possible. We want action and we want the money to be spent.

Are we in favour?

We are. At the meeting on Monday under the external relations agenda the Ministers will discuss the situation in Ukraine, the Middle East peace process, Iran, progress in the European neighbourhood policy, Darfur and the Great Lakes region of Africa.

Perhaps the most pressing issue facing Ministers is the political situation in Ukraine. Monday's meeting will see an exchange of views on the latest developments in Ukraine and it is likely that conclusions will be adopted. As I mentioned earlier, Ukraine will also be discussed at the European Council.

The decision of the Ukrainian Supreme Court on 3 December last to annul the results of the second round of presidential elections, held on 21 November last, is a welcome development. It has been welcomed across the world. A rerun of the second round will take place on 26 December and Ireland intends to provide international observers to the Organisation for Security and Co-operation in Europe election observation mission, as we have in previous rounds. During the past week we committed ourselves to doing so at OSCE. I hope that the preliminary recommendations of the OSCE election observation mission in advance of the rerun of the second round will be carefully examined by the Ukrainian authorities, and that the appropriate steps will be taken.

As the committee will be aware, Mr. Javier Solana has played a key role, together with the presidents of Poland and Lithuania, in facilitating negotiations between the opposition and the government at this sensitive point in Ukrainian politics. Thankfully, all involved have reacted to events calmly and peacefully, and I hope that this remains the case in the period leading up to the election 18 days from now. The people of Ukraine have an important decision to make and the European Union, along with other mediators, will work in the coming weeks to facilitate free and fair elections on 26 December, based on international standards.

Ministers will also review progress under the European neighbourhood policy. The Presidency is keen that the Council adopt action plans for seven countries under the neighbourhood policy — Monday's meeting will be the last opportunity to do so during the Dutch Presidency. To meet this timetable the Commission will need to approve all seven plans tomorrow, allowing for a political discussion at Council. The countries concerned are Moldova, Ukraine, Israel, Jordan, Morocco, the Palestinian Authority and Tunisia. In the case of Ukraine, the situation is evolving rapidly and an assessment will have to be made at the Council on Monday as to whether to proceed with adoption of the action plan or postpone adoption until the situation stabilises.

Ministers will review recent developments in the Middle East peace process. This issue will also be discussed at the European Council later next week. At Monday's meeting, the main issue for discussion will be preparations for the Palestinian presidential elections on 9 January next and the political situation on the ground. It is not expected that the Council will adopt conclusions, as the European Council will adopt a declaration on the Middle East. The content of this declaration will, of course, depend on developments in the coming days. I would hope to see the Council reaffirm its own commitment to efforts to maintain stability, bring an end to violence and restore momentum to the peace process, and also reaffirm its belief that the wider international community must also play its part in making the most of the current favourable environment.

There will also be a meeting of the EU-Israel Association Council in the margins of the Council, which will provide a useful opportunity for an exchange of views with Israel following on from the constructive discussions which took place at the recent Euro-Mediterranean mid-term ministerial meeting in The Hague.

Ministers are also expected to discuss Iran on Monday. At its meeting on 22 November last, the Council discussed the issue of Iran's nuclear programme and welcomed Iran's decision to suspend fully all enrichment-related and reprocessing activities and to sustain this suspension while negotiation is under way on an agreement on long-term arrangements. It is likely that discussion will focus on the way ahead on this issue following last month's meeting of the International Atomic Energy Agency's board of governors. I welcome the adoption by consensus at that meeting of the latest resolution on this subject and would underline the need for Iran to extend full and prompt co-operation to the agency director general in his continuing investigations into the remaining outstanding questions.

The humanitarian and political situation in Darfur remains a cause for serious concern. The Council last discussed this issue at its meeting on 22 November last and, regrettably, the security situation has deteriorated since then. On Monday, Ministers will review the current situation on the ground and other developments since the special session of the UN Security Council held to discuss Sudan in Nairobi on 18/19 November last. At that meeting, the Government of Sudan and the main rebel group in Darfur, the Sudan People's Liberation Army or Movement, gave an undertaking to conclude negotiations on a comprehensive north/south peace agreement by 31 December 2004. Despite the recent political progress in Nairobi and the agreement on adoption of security and humanitarian protocols at peace talks mediated by the African Union on 9 November last, the security situation in Darfur has deteriorated in recent weeks. The African Union's Ceasefire Commission has reported several violations of the ceasefire concluded between the Government of Sudan and the rebels on 8 April, with an increasing number being committed by the rebels rather than government forces. The deteriorating security situation has created difficulties for humanitarian operations in the areas affected although generally humanitarian access continues to be good. There also have been several forcible removals of displaced persons in south Darfur carried out by the Sudanese army and police.

These attempts at forced displacement represent serious violations of agreements between the UN and the government of Sudan which emphasise that returns should take place only voluntarily and in an atmosphere of security. Both the UN Secretary General, Mr. Kofi Annan, and the European Union have condemned such forced displacements and called for them to halt. The Council is expected to adopt conclusions expressing the European Union's ongoing concern at the deteriorating security and humanitarian situation in Darfur and renewing its call on all the parties in Darfur to abide by the commitments into which they have entered.

Staying with Africa, the Council will also discuss the situation in the Great Lakes where, unfortunately, tensions have been rising again. This follows a recent statement by Rwanda that it may intervene militarily in eastern Congo, if steps are not taken urgently to disarm Hutu extremists still present in the area. The Council is likely to express regret at this belligerent action by Rwanda, which runs contrary to the commitments to which it and the other countries of the Great Lakes region signed up at the Great Lakes Conference in Dar-es-Salaam on 20 November 2004. At that meeting these countries adopted a Declaration of Principles on establishing peace and security in the region. The Council is likely to affirm its strong support for the Great Lakes Conference process and reiterate the need for decisive action to be taken by the government of the Democratic Republic of Congo, supported by the UN mission in the Congo, to accelerate the disarmament process and to deal with any outstanding threat posed by armed groups in eastern Democratic Republic of Congo.

The Council is also due to adopt an EU regional strategy for the Great Lakes region, which will reinforce European Union support for the Great Lakes Conference process, as it continues its work towards a second summit to be held in Nairobi in November 2005. That is the entire agenda for next week's meeting.

The future of the Ukraine is fundamental to the onward march of democracy and peace in Europe. It is amazing that a deliberate attempt was made to stem the tide of democracy in a country on the edge of the European Union. The will of the people was blocked by deception. The European Union must be seen to be taking a decisive line on this issue. We must be absolute in ensuring the necessary mechanism is put in place to ensure the will of the people is implemented. Reports from the people monitoring the election indicated the result was false. An attempt was made to deny the people the right to decide on their future. It is important that the European Union pass a strong message to the Russian authorities that it is for the Ukrainian people to decide their future. It was improper for Mr. Putin to undertake direct intervention in the election process and to chart a way forward for an independent people. The European Union has a role in insisting that elections are free, fair and transparent.

It is very disappointing that the situation in Darfur continues to deteriorate. The Minister has given an overview of the situation on the ground. The number of people who have been killed or displaced is so shocking that the conflict in Iraq pales into insignificance. We seem to be happy to ignore Africa. That reflects poorly on the international community, but above all it is a poor reflection on the United Nations. It is not politically popular to take a stand on this issue. The international community is standing idly by, while tens of hundreds of thousands are dying or being displaced.

Prior to and during the war in Iraq there was a significant debate on the role of the United Nations with some calling for a strengthening of its role while others were stating it was proving very ineffective. The efforts of the United Nations in Sudan were absolutely pathetic. The European Union must take a firm line and lead an alternative approach. In the era of mass communications, it is appalling that is continuing to happen. The United Nations is proposing more reports, submissions and dialogue but is inactive. I hope Europe will do something effective to bring hope to this troubled region.

The Government, together with our partners in the European Union, believe it is of paramount importance that the current impasse be resolved in a peaceful way and in a manner that is acceptable to the people of the Ukraine. It is clear the second round of presidential elections held on 21 November did not meet international standards and did not reflect the will of the Ukrainian people. We welcome the decision of the Ukrainian Supreme Court to annul the results of the second round on 3 December, and to hold a new round of elections on 26 December, which is very positive. However, we must continue to be vigilant to ensure the conditions for free and fair elections are in place.

The OSCE monitoring mission has made preliminary recommendations in advance of the rerun of the second round of elections and we hope the Ukrainian authorities will examine these very carefully. I represented Ireland at a significant number of bilateral meetings at OSCE this week, and the situation in the Ukraine was top of the agenda. The European Union, together with other members of the international community, have been very active in the past weeks in helping to facilitate a negotiated solution. The High Representative, Mr. Javier Solana, together with the presidents of Poland and Lithuania and the Secretary General of the OSCE have worked particularly hard to seek a peaceful outcome. The fact that agreement on a way forward has been reached peacefully is a testament to their efforts and we are very pleased with that. The European Union has made it clear that it considers the presidential elections in Ukraine as a key test of the democratic values we want Ukraine to share with us. The outcome of these elections will bear great significance for the development of the European Union-Ukraine relations.

We will be immensely disappointed if this opportunity for Ukraine to demonstrate its democratic credentials is lost. This is a critical time in the history of the Ukraine, it is a critical time for the entire region and it is critically important that sustainable democracy is operated right up to election day and post election day to ensure a democratic mandate is given to the people to elect their government in a free and fair manner. There is an historic dimension to elections in the Ukraine, where traditionally in the 17th and 18th centuries, in particular, there was an immediate response to serious situations, in what one could term vocal volume democracy where the people came out in their thousands to a central location and expressed their view. That had died away, but it has been reactivated and the people of the Ukraine have come out in strong numbers. A survey has been carried out during the past ten days by a reputable institute which shows 45% of the people of Ukraine want to continue the public protest to consolidate and sustain the efforts at achieving democracy with 42% against. Some 13% have a passive attitude.

I have discussed the situation today with my Polish colleague. On behalf of the Government, I thank him for the continuing work of the Polish President with other high level officials. We understand the Polish President is held in high esteem in the negotiations. We pay tribute to him and all his colleagues and wish them continued success.

We have made a commitment to have a team of observers in place, even though it is a difficult time of the year. We believe it is of paramount importance that Ireland will have a team of observers in place and we will do what we can to ensure democracy prevails. This will be highlighted by the Minister at the meeting on Monday and later by the Taoiseach at the European Council.

Based on the meetings he had in Sofia, is the Minister of State satisfied the OSCE is in a position to provide for the necessary mechanisms to observe the election properly and that there will be the required co-operation from the Ukranian authorities? He must have been taken aback when they told the OSCE to mind its own business, or at least that is what they seemed to imply or, perhaps, I am reading too much into it. Is the Minister of State satisfied the conditions are right to allow for proper observation of the election?

First, the countries in the region of Ukraine never expected such an acclamation by the people in a peaceful manner to bring about change. That was obvious from our meetings. Second, there may be some changes to the electoral commission before 26 December which I hope will avoid the problem of an absentee ballot. This proved to be a disaster in previous rounds. We are confident the OSCE has the respect and virtually unanimous approval, apart from Russia, of all members right across the world, including the United States and the European Union, to ensure it will mount the maximum professional operation in Ukraine to oversee the election on 26 December. We expect nobody to interfere with the international observers who will be acting in the interests of democracy to ensure the Ukranian people can decide their own destiny without interference from anybody and that the highest international standards and best practice will be observed.

I wish to ask two questions, the first of which relates to the agenda of the incoming Luxembourg and UK Presidencies and also to the last Council meeting. What role do we have in funding military operations under the Athena programme? In outlining their strategies the next two Presidencies refer to the European Defence Agency, strategic planning assumptions and administrative scenarios — whatever they are — and the requirements catalogue. Do we pay for any part of the defence mechanism of the European Union, even though we are not involved?

At its meeting on 22 and 23 November the Council adopted the entire agenda of the international conference on population and development which calls for the provision of sexual and reproductive services and commodities for adolescents. These include abortion services. As it seems our Minister did not demur from any decisions taken, does this mean Ireland supports the provision of abortion services in other countries with our money?

The Athena mechanism provides a basis for funding crisis management operations under the European Security and Defence Policy. Under consideration is the basis for calculating which costs should be shared by all member states, the so-called common costs, and which should be borne by those member states participating in an individual operation in keeping with the concept of costs lie where they fall. Ireland favours maximising such costs. However, there is as yet no agreement on this issue and the matter is unlikely to be resolved before the next Council meeting. We believe those who participate incur the costs, that they should carry the burden but securing agreement will not be easy.

The European Defence Agency has been set up and the details of its programmes are being worked out and remain to be agreed. Ireland has not determined in what section of the agency it will participate. Funding decisions have not yet had to be made but are under discussion and it will be some time before agreement can be reached.

The population question was discussed by Development Ministers at the last GAERC meeting. We have not been informed of the details as such but will provide the information requested by Senator Lydon after this meeting. We will seek a report on the meeting and convey it to the committee and its members.

I am sorry I was not present for the earlier part of the meeting on general affairs. Will European development funds be incorporated into the budget? What is the Irish position on the issue in terms of the financial framework after 2007?

I wish to make a general point under the heading of external affairs about the EU-China dialogue. There is a summit meeting taking place today. What is the Government's position on the German Chancellor's declaration that he would favour the ending of the arms embargo on China which has continued for the past 15 years? Has the Government taken a position on the issue and will it be discussed in the coming weeks?

While I agree with what Senator Bradford said about Ukraine, I would like to develop the point a little further. The European neighbourhood policy is not an effective mechanism in encouraging development along the lines of the European Union ideal of human rights, democracy and economic development. The committee has seen that the incentive of membership has made a huge difference in Turkey. The European neighbourhood policy does not offer the same incentive. With this in mind, the European Union should not interfere too much in Ukraine. It would be wise to suspend the adoption of an action plan as the Minister of State said. Something greater than the European neighbourhood policy should be considered.

I reiterate what Senator Bradford said about Darfur. It is 20 years since we watched the famous broadcast by Michael Beurk from Ethiopia on the BBC. Unfortunately, the same is happening today. After such a long time it is disheartening that we are incapable of reacting to, preventing and dealing with what is occurring in Sudan. I hope the Government can forcefully drive home the fact that it wants a no holds barred approach in addressing the issue in the coming weeks.

We have responded to some of the queries raised already.

The European neighbourhood policy represents an ongoing evolutionary process. As the European Union expands and new member states join, adjoining countries are anxious to participate with the Union and its new members. That has to strengthen the demand for the European neighbourhood policy and the desire of the European Union to enhance it with various adjoining countries and its new borders.

That not everybody is pleased with the European neighbourhood policy creates some apprehension. It is important if we are to reduce conflict, strengthen democracy, increase economic opportunities, operate to the best international standards of law and all aspects of law, including customs and border operations, that the European neighbourhood policy should continue and be strengthened. Judging from my involvement in recent months, the European neighbourhood policy has an important role to play from every point of view. We must continue to support it. Given the many points raised today on various issues, the European neighbourhood policy has a positive contribution to make in assisting us as a member state and the Union as a much greater entity to protect the interests of its citizens.

The question of incorporating European development funding into the general European budget is currently under discussion. Ireland's position is that we would prefer not to budgetise the European development funds. We are opposing the proposal at this stage. Discussions on the matter will continue during the coming months. We will continue to maintain that position and, hopefully, achieve a consensus.

I dealt with the issue pertaining to China earlier. There is no indication that a decision will be taken in the near future on the arms embargo. This issue is being discussed in the broad context of the European Union's relationship with China. The Government will continue to examine this question with our EU partners considering our overall relationship with China, which is important for the future of the world economy — and it is important we have a strong bilateral relationship with them — and our ongoing commitment to human rights in the broader regional and international context. This approach has been conveyed by us to the Chinese authorities on at least two occasions during meetings with Vice-Premier Huang Ju on 16 November, at which the Taoiseach raised the issue, and with Premier Wen when they met on the margins of the ASEAN summit on 9 October. There is no specific reference to the EU arms embargo on China in the current version of the draft conclusions.

That just about takes care of it from my standpoint. I reiterate what I said regarding the trade in heroin from Afghanistan to Europe. The EU has not done enough to try to prevent that trade from Afghanistan. I ask the Minister of State to use his office to make some effort to improve the position. If the US was flooded with cheap heroin from Afghanistan I do not think we would have this problem. Europe is being flooded with it and the EU has to make clear to the United States that it is not prepared to accept that any longer.

I wish to raise one issue which is not germane to the work of this committee. I do not expect the Minister of State to comment on it but I have brought it to the attention of the Minister for Foreign Affairs, Deputy Dermot Ahern. On a number of occasions recently I have been contacted by the parents of individuals who have been incarcerated in the United States. In many cases their only crime was being illegal. There are two issues here. First, these Irish citizens end up in open prison populations and, second, they are behind bars for up to two months or longer.

It is the case that there has been an increase in security in regard to immigration issues in the US. It has been confirmed to me by the consulate division of the Department of Foreign Affairs, as recently as last week, that the number of cases has increased a great deal. The official with whom I spoke told me she was dealing with ten cases that day alone. The anguish being suffered by parents is considerable.

I have raised this matter with the US ambassador. The story I am getting from the consulate division of the Department of Foreign Affairs is that the position has worsened in the past 48 months. One can understand the reason the US authorities would want to police their immigration laws vigorously. I admit there is evidence of an external threat but at the same time it is not acceptable from our standpoint, and it has to be registered with the American authorities, that young Irish citizens are kept behind bars for up to two months in some cases.

I do not expect the Minister of State to comment. I have relayed this information to the Minister, Deputy Dermot Ahern, who said in reply to a Dáil question recently that he shared the concern and that consulate officials in America were also concerned.

I do not have a problem in responding. These are matters pertaining to Irish citizens and we have a fundamental responsibility to ensure they are ventilated.

I said that because it is not the Minister of State's remit.

I am fully aware of the situation. People from my own constituency are in a similar position to that of the Deputy's constituents. I have raised this matter with His Excellency, the American ambassador, and his staff on a number of occasions in recent months, particularly since I came to this office. I have got a reasonably sympathetic hearing from them.

Owing to reasons of confidentiality I cannot discuss the circumstances of any specific case in this forum. However, the Department of Foreign Affairs and the Minister, Deputy Dermot Ahern, are fully aware of the case the Chairman has in mind and I can assure him it is providing full consular assistance to those involved.

On the general question of Irish citizens in the United States being detained and deported for immigration law violations, we are conscious that security measures in the US have brought about an increase in such cases in recent years. I fully understand the circumstances of this cases must be the cause of great distress to the families concerned, as are all the other cases, and I assure the committee and the Chairman that full consular assistance will continue to be provided to those involved. The Taoiseach and the Minister for Foreign Affairs, Deputy Dermot Ahern, have raised this issue with President Bush and other members of his Cabinet, particularly at the summit in Dromoland. They had a sympathetic attitude to the Irish situation. However, the problems are not being created by Ireland as such but are due to migration from other countries much bigger and much closer to the US than Ireland. The President said he wanted to deal with this matter in an equitable manner and would do his utmost with it as the Administration progressed. The Minister, Deputy Dermot Ahern, will go to the United States in the new year to raise this issue at the highest levels in Washington. We will do what we can to have this matter addressed in as positive and compassionate a manner as quickly as possible.

I thank the Minister for coming in. We will await word on his potential appearance before the committee again next week.

The joint committee went into private session at 16.28 p.m. and resumed in public session at 16.32 p.m.

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