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Wednesday, 14 Nov 2012

Priority Questions

Northern Ireland

Ceisteanna (1)

Brendan Smith

Ceist:

1. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the discussions he has had with the Northern Executive and with the Secretary of State for Northern Ireland following the recent murder of a prison officer; and if he will make a statement on the matter. [50248/12]

Amharc ar fhreagra

Freagraí ó Béal (4 píosaí cainte)

I take the opportunity to condemn, in the strongest possible terms, the brutal killing of prison officer David Black on Thursday, 1 November. This was a murder, pure and simple, carried out by people who have no regard for human life. The universal condemnation from across the political spectrum in Northern Ireland and the unified reaction from the two Governments underlined the solidity of the peace process. Public statements made by the Taoiseach, the Minister for Justice and Equality, Deputy Alan Shatter, and me reinforced the message of solidarity with Mr. Black’s family and his colleagues in the Northern Ireland Prison Service. The Minister attended Mr. Black’s funeral.

I had an opportunity to speak with the Northern Ireland Minister of Justice, David Ford, MLA, at the North-South Ministerial Council on 2 November and I conveyed through him my sympathy and that of the Government to Mr. Black's widow, Yvonne, and his children, Kyra and Kyle. I spoke with the Secretary of State for Northern Ireland on the day of the killing and we discussed the matter again when we met on Tuesday, 6 November. I underlined to the Secretary of State the Government’s determination to co-operate with the Northern Ireland authorities to bring David Black’s killers to justice. The Secretary of State and I are of the same view that those responsible for this murder are criminal terrorists motivated by hate and an inability to accept that the vast majority of the people of this island want to move on and forge a better life for themselves.

In addition to discussions at political level, strong and deep co-operation exists between An Garda Síochána and the Police Service of Northern Ireland to counter such individuals and groups. The number of arrests made in connection with paramilitary activity in both jurisdictions continues to be significant. The Garda and the PSNI will continue to co-operate closely to combat such activity on both sides of the Border and to ensure those who plan and carry out such atrocities are pursued and brought to justice.

When I attended the remembrance day ceremonies in Belfast last weekend I had an opportunity to convey condolences on behalf of the Government to some of David Black’s colleagues in the Northern Ireland Prison Service. I also had an opportunity to reiterate the Government’s condemnation at the SDLP conference which I addressed on Saturday night.

I thank the Tánaiste for his reply and agree with every word he uttered regarding this brutal murder. I condemn in the strongest terms the brutal murder of David Black, who was shot several times. By all accounts he was an exemplary officer and it appears from newspaper reports that a new paramilitary grouping has claimed responsibility following the merger of other groups. Such groups have no place in Irish society. My party's leader, Deputy Micheál Martin, also attended Mr. Black's funeral. I know from meeting the Secretary of State that the co-operation between the Garda and the PSNI is excellent. I urge the Tánaiste to use every forum available to him, whether in this jurisdiction or in Northern Ireland, to send the message that such co-operation will continue at all levels of our security forces and everything will be done to bring those murderers to justice.

I thank the Deputy for his support and acknowledge the presence of the Fianna Fáil leader at the funeral of Mr. David Black. The Deputy referred to the claim of responsibility for this murder from a newly merged group of dissident republicans. According to news reports, responsibility for the murder of Mr Black has been claimed by a group of so-called dissidents comprising the Real IRA, Republican Action against Drugs and various other activists.

These groups have no public support and no identifiable ideology. Communities, North and South, have been united in their condemnation of this brutal attack. Those involved are criminal terrorists who are motivated by hate and have an inability to accept that the majority on this island want to move on and forge a better life. These criminal terrorists are stuck in the past that everyone else wants to leave behind. I assure the Deputy and the House that the Government is working closely with the British Government, the Northern Ireland Executive, the Minister for Justice in Northern Ireland, Mr. David Ford, the Garda and the PSNI to bring to justice those responsible for this killing.

It was pathetic to hear the group responsible use the excuse of tensions in the jail as being the cause of this murder. Tensions in the jail are not an excuse for violence, never mind the wilful taking of a life. Groups commonly referred to as dissident groups can be the incubators of violent extremism. Therefore, the activities of these and other vigilante groups must be dealt with. Such groupls have been operating in Derry where there have been more than 20 pipe bomb incidents. I share the Tánaiste's view that this issue must be dealt with on an all-island basis. The people living on this island spoke at the end of May 1998, following the signing of the Good Friday Agreement. There was virtually a unanimous vote in favour of the new political structures. There are no grounds, therefore, for political or any other form of violence in this country. This message must be hammered home to such groups on all occasions.

Overseas Development Aid Oversight

Ceisteanna (2)

Seán Crowe

Ceist:

2. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade when the report from the Irish Aid delegation that visited Uganda to investigate the misappropriation of Irish Aid funds will be completed; and if he will make it public. [50341/12]

Amharc ar fhreagra

Freagraí ó Béal (4 píosaí cainte)

I am deeply concerned about the recent misappropriation of Irish development funding in Uganda. Ireland has no tolerance for fraud or any other form of financial irregularity in our development co-operation programme. This is clearly known to all of our development partners, including the Government of Uganda. I have suspended approximately €16 million of Irish development assistance which was due to be channelled through Government of Uganda systems in 2012 and initiated an immediate investigation into the misappropriation of funds by individuals in the office of the Prime Minister of Uganda. This investigation has been undertaken by a team from the evaluation and audit unit of my Department which travelled to Uganda as soon as the findings of the Auditor General of Uganda were made public. The team’s report will be presented to me shortly and I will closely examine it and give due consideration to any recommendation made. I will release the report when it is finalised.

In addition to the team from my Department’s audit and evaluation unit, the director general of Irish Aid also travelled to Uganda. Together with our ambassador in Kampala, he met the Prime Minister, the Minister for Foreign Affairs and the Minister for Finance and Economic Development of Uganda to underline my deep concerns and insist on the misappropriated funds being restored by the Ugandan authorities. As a direct result of this intervention, the Ugandan Government has since confirmed that all Irish Aid misappropriated funds will be reimbursed; that the officials against whom financial impropriety has been established will be fully prosecuted; and that measures will be undertaken to tighten their internal controls. I welcome this commitment and have directed our ambassador to work with the Ugandan authorities to ensure the misappropriated funds are restored.

Before I call Deputy Seán Crowe, a mobile phone is causing interference with the sound recording. I ask anyone with a mobile phone to switch it off.

I share the Minister's concern on this issue. My question was submitted some time ago and I know the issue has been well ventilated in recent days at the meetings of the Oireachtas Joint Committee on Foreign Affairs and Trade and the Oireachtas Joint Committee on European Union Affairs and in statements made by the Minister. I share his concern about the misappropriation of €4 million in aid funding. My main concern is the impact this will have on the confidence of taxpayers in the provision of Irish aid. The Minister has come out strongly on this issue and the fact that the Auditor General of Uganda picked up on the misappropriation of funds is positive. Therefore, there is a positive side to the story. The incident shines a light on the work of Irish Aid in Uganda and the fact that in recent years the level of poverty has been halved and the incidence of HIV-AIDS has been reduced from 18% to 6%. Positive things are happening owing to the efforts of development agencies such as Irish Aid and others. Some groups will argue that this aid should not have passed through government channels but through NGOs. However, it was the Auditor General of Uganda who discovered the misappropriation, which is a positive argument for ensuring aid is channelled through the Ugandan Government. Reassurance is required. Yesterday I suggested at the committee that Irish Aid facilitate access to information from auditors in the Department and provide documentation on the issue. It is important that we examine the scheme in place for the delivery of the aid. Are there lessons we can learn from this incident? People want to hear that it will not happen again and structures must be put in place to minimise this possibility.

I thank the Deputy for his support in this matter. It is important to remember that the misappropriation of funds was discovered by the Auditor General of Uganda. We take reassurance from this because our aid programme has been working to support institutions such as the Office of the Auditor General of Uganda. Therefore, the system worked. Second, we should remember that not only Irish aid moneys were involved. Aid moneys from Norway, Denmark and Sweden was also misappropriated. I also understand some Ugandan moneys were misappropriated. The misappropriation occurred in the case of moneys channelled through the Prime Minister's office. As soon as we had received the report of the Auditor General of Uganda and become aware of the misappropriation, we acted on the report. We suspended all aid channelled through the Ugandan Government and it remains suspended. We sent our audit and evaluation team which has now made its report to us. We sent the director general of Irish Aid who, together with our ambassador in Kampala, went to see all of the senior people in Uganda. We have now received a written commitment from the Ugandan Government that the aid which was misappropriated will be reimbursed in full. All of this has taken place within a very short period. This is Irish taxpayer's money and taxpayers can be reassured that the system of the Auditor General of Uganda worked and that our audit and evaluation system has also worked. We acted on the report immediately and the money is to be reimbursed. In the meantime, aid moneys for Uganda will remain suspended. When the audit and evaluation team's report, now with the Secretary General of my Department, comes to me, I will make it available and deal with the issue in an open way.

Overseas Development Aid Oversight

Ceisteanna (3)

Maureen O'Sullivan

Ceist:

3. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade in view of Ireland's very positive reputation in relation to Development Aid, if he sees a role for Ireland, or for Ireland through the EU, in ensuring there is no financial loss to developing countries through tax evasion or tax avoidance on the part of businesses working in developing countries in view of the fact that there have been reports of very significant losses to developing countries. [50251/12]

Amharc ar fhreagra

Freagraí ó Béal (7 píosaí cainte)

Efficient and fair tax systems in developing countries are essential for sustainable growth, poverty reduction and the provision of basic services. They are also vital for the promotion of good governance. Tax avoidance and evasion, therefore, present a major issue for developing countries seeking to drive their own development. Ireland is playing a strong role at national level and in global efforts to increase revenue generation and tackle tax avoidance and evasion in developing countries.

Support for the strengthening of government systems is an essential element of Ireland’s overseas aid programme. We also engage actively at the United Nations and in the OECD and the European Union on multilateral efforts to address tax evasion and avoidance. These include the promotion of the better exchange of information on tax matters between countries, the implementation of agreed standards on tax transparency and support for the capacity building of tax administrations in developing countries.

Work at EU level includes negotiation in Brussels on the current proposals for the revision of the EU transparency and accounting directives. The Government has been supportive of proposals to improve transparency among EU multinational companies involved in extractive and logging industries in developing countries. With Ireland's support, the European Union has adopted an action plan to support tax administration and reforms in developing countries. The Governments of developing countries increasingly want to take control of their own development and to end their reliance on aid. The uncertainty created by the global economic crisis has underpinned the realisation that fair and efficient taxation is chiefly the best means of meeting the revenue needs of developing countries. The formation of the African Taxation Administrators Forum by revenue authorities across Africa is playing an important role in advocating for reform and building capacity. Ireland is supporting this work through our aid programme. We will continue to support a more transparent global tax environment. Irish Aid, in co-operation with the Revenue Commissioners, will maintain our efforts to strengthen tax systems in developing countries so more resources can be made available for the fight to end extreme poverty and hunger.

I acknowledge the work done by the Tánaiste to help Ireland achieve a seat on the UN Human Rights Council and I congratulate him on his success in that regard. The Joint Committee on Foreign Affairs and Trade, under the chairmanship of Deputy Breen, also played a part in this respect.

When the committee met various ambassadors, the Chairman used the opportunity to look for their support. There is no doubt that our relationship with countries in Africa and other parts of the developing world has another dimension now that there is a trade element to it. While I accept what the Tánaiste said in his reply about the approach to illicit capital flight, I have to say it does not appear to be working. I have read reports suggesting that amounts between €116 billion and four or five times that amount have been lost as a result of illicit capital flight. I have read that the amount which has been lost is 20 times more than the amount which would be needed to meet all the millennium development goals in the countries of the developing world, which is a frightening statistic. Ireland could take a stronger stance on a number of points, for example by insisting on country-by-country auditing, scrutiny of double taxation agreements and the automatic sharing of tax information between countries. We could lead by example by insisting on the collection of the full rate of corporate tax in this country.

I thank the Deputy for her compliments in relation to Ireland's election to the UN Human Rights Council. When I attended yesterday's meeting of the Joint Committee on EU Affairs, I acknowledged the work of that committee, under the chairmanship of Deputy Hannigan, and the work of Joint Committee on Foreign Affairs and Trade, under the chairmanship of Deputy Breen. The members of both committees lobbied in support of Ireland's candidacy for membership of the UN Human Rights Council.

Ireland has a strong record on the promotion of good governance in tax principles. We are fully compliant with the EU code of conduct on harmful tax competition and the OECD standards on exchange of information. Ireland's network of more than 60 double taxation treaties compares favourably with the records of larger OECD countries. We have also signed tax information exchange agreements with 17 jurisdictions that were not previously co-operative. Ireland is on the OECD G20 white list of countries that are fully compliant with the OECD standards on exchange of information. Ireland also participates in the global forum on transparency and exchange of information for tax purposes. A favourable peer review of Ireland was undertaken last year. I am aware of some reports of tax avoidance and tax evasion in Africa. I want to affirm this Government's commitment to the fight against poverty in developing countries, with a particular emphasis on Africa. I assure the Deputy that we will continue to work at EU level, with the OECD and with the United Nations to ensure there is transparency in tax matters and to make certain that the problems associated with tax evasion and tax avoidance are addressed.

The Tánaiste's remarks are very positive. However, I still think we can do far more. We can lead by example by dealing with this country's tax issues. The Tánaiste will be unable to attend an interesting conference in Malawi on the role of parliamentarians in stopping capital flight because it will coincide with budget day in this House, but perhaps he can look for the findings from that conference, which will deal with the specific issue I have raised today.

I will arrange to get a report on it. Obviously, we will not be represented at ministerial level at that conference because it is taking place on budget day. I will make it my business to get the papers from the conference.

Overseas Development Aid Oversight

Ceisteanna (4)

Brendan Smith

Ceist:

4. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the progress that has been made to date on reviewing the auditing system in his Department in view of misappropriation of overseas development aid funds by Ugandan officials; and if he will make a statement on the matter. [50249/12]

Amharc ar fhreagra

Freagraí ó Béal (5 píosaí cainte)

The audit policy and approach in the Department of Foreign Affairs and Trade is regularly reviewed and updated in the light of risk assessments, particularly with regard to the overseas aid programme which accounts for the largest proportion of the Department’s expenditure. The audit approach in my Department is in line with international auditing standards. The Department has taken a number of steps to review all systems governing the management of our aid programme, including our audit systems, since the misappropriation of funds was recently identified in Uganda. The Deputy will be aware that I immediately sent a team to examine all matters arising from the auditor general's report on the misappropriation of funds. This team has now returned. I will receive its report shortly. Following the consideration of this report, all of our systems, including our audit systems, will be reviewed and strengthened in light of any weaknesses the report may identify. While the team was in Kampala, it held discussions with the Ugandan auditor general regarding the subsequent work to be undertaken by his office. We have a policy of working closely with the auditor general because we believe he is in the best position to identify weaknesses and follow up on the issues that have been already identified. I am satisfied with the programme of work the auditor general is undertaking on foot of his report. This work includes an audit of internal controls within the Ugandan system of government and further investigative audits of expenditure programmes under the control of the office of the Ugandan Prime Minister. In addition and as a precautionary measure, all Irish Aid heads of mission in the past week have been instructed to immediately interrogate control systems in their programmes to ensure all agreed procedures and protocols are being carried out.

As previous speakers said, we had a good meeting yesterday with the Tánaiste's officials, who went through this matter in great detail. Everyone agreed that the systems need to be robust and rigorous. Mr. Rogers made the important point that this negative publicity is particularly "dispiriting" given that so much progress has been made in Uganda through the Irish Aid programme. There have been substantial improvements in areas like health, education and development. At a time when the misappropriation of funds obviously and quite rightly attracts negative publicity, we need to send a clear message to the taxpayer that exceptionally good work has been done through Irish Aid programmes over the years. Mr. Rogers mentioned the work that has been done through Irish Aid, Irish missionaries and Irish public servants since 1994. He also referred to the work of Mother Kevina, who apparently built up many schools, clinics and hospitals at the turn of the last century. That type of Irish involvement in bringing services to the people has been of huge benefit to this very deprived country. The Tánaiste will recall that in the report which was presented to him by the audit committee of his Department, Mr. Furlong recommended that a chief risk officer and a qualified head of finance should be appointed in the Department of Foreign Affairs and Trade. I presume Mr. Furlong is the former Secretary General and senior civil servant. Is the Tánaiste giving consideration to the creation of such positions?

I agree that this money, which was intended to go to programmes in areas like HIV-AIDS, schools and medical facilities, clearly should not have been misappropriated. We will not tolerate any misappropriation of Irish Aid funds. That is why we have acted so quickly in this matter. I assure the Deputy who referred to the recommendations of the audit committee that my Department takes the issue of risk extremely seriously. A risk register is maintained by a risk group, which is chaired by an assistant secretary.

In addition, risk is reviewed at monthly meetings of the management committee. The Department also has professionally qualified staff employed in its finance sections. The Department's audit committee has, nevertheless, recommended that the Department appoint a dedicated chief risk officer and a professionally qualified chief financial officer. The audit committee recommends that these officers be appointed at assistant secretary grade.

The ability of my Department to respond to this proposal has been limited by the embargo on public service recruitment necessitated by the need to reduce Government expenditure. Last June, following the publication of the audit committee's most recent annual report, the Secretary General of my Department invited the audit committee to meet with the management committee to discuss these proposals. This meeting took place this week, following which the management committee, with my support and encouragement, accepted the recommendations of the audit committee. An appropriate member of the management committee will assume the additional responsibilities of chief risk officer and sanction is being sought from the Department of Public Expenditure and Reform for the recruitment of a professionally qualified chief financial officer who will sit on the management committee.

I welcome the Tánaiste's final comments in regard to that appointment and consider it a worthwhile development. One other suggestion I made to his officials yesterday was that we need the utmost co-operation with the other donor countries working in those partnership countries, by and large, other EU member states. This is to give out a message that misappropriation of even 1 cent will not be tolerated by any of the donor countries. Working together with other donor countries can also impact on the message that misappropriation of taxpayers' money, from whatever member state, will not be tolerated and that the aid designated for people living in desperate circumstances in Uganda or other developing countries must reach those people.

Yes. As I said , the funds of three other countries - Denmark, Sweden and Norway - were misappropriated in this whole business in the Prime Minister's office. Our ambassador in Kampala co-ordinated meetings of the embassies of the three other countries concerned and worked to co-ordinate a joint approach on the issue with the Ugandan authorities. I was very pleased with the level of co-operation with the other three countries involved. The Deputy may take it we will work very closely with other donor countries and we will, of course, also work very closely with the European Union where it is directly involved.

Human Rights Issues

Ceisteanna (5)

Seán Crowe

Ceist:

5. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the increased human rights abuses against the Kurdish minority in Turkey; and if the issue is being discussed at EU level. [50342/12]

Amharc ar fhreagra

Freagraí ó Béal (3 píosaí cainte)

The Irish Embassy in Ankara, with other EU delegations, continues to monitor closely the human rights situation in Turkey, including the treatment of Kurds and other minorities. Respect for human rights, minorities and fundamental freedoms are core values upon which the European Union is built. Turkey, as an EU candidate, is expected to uphold these values. The European Commission’s October progress report on Turkey draws attention to where further progress is required, particularly respect for fundamental rights, and the need for legislation to distinguish clearly between incitement of violence and the expression of non-violent ideas. The Commission’s report also notes Turkey’s progress, including positive steps in drafting a new constitution. Ireland, as a supporter of Turkey’s EU perspective, welcomes these efforts and encourages the Turkish Government to continue reforms on its path to EU accession, including further outreach to the Kurdish minority and proper recognition of their rights.

The Kurdish issue remains a key challenge for Turkey’s democracy, and the ongoing hunger strikes by Kurdish prisoners are a matter of particular concern. Reports of deterioration in the health of striking prisoners are worrying. I join with the European Commission in urging prisoners not to endanger their health or their lives.

I also urge the Turkish Government to reach out to the Kurdish community. The escalation of PKK terrorist attacks makes it much harder to reach a solution but the fight against terrorism must be conducted with due regard for human rights. I would encourage all sides to redouble their efforts to address the Kurdish issue in a peaceful and democratic manner through dialogue.

Discrimination against Turkey's Kurdish community has been well documented during the years. There are approximately 20 million Kurds in Turkey but they have never been granted the same rights as ethnic Turks and are not even recognised as Kurds and are called mountain Turks.

The Tánaiste referred to the fact there is a hunger strike in the jails. There are some 700 prisoners on strike, some of them for 64 days at this stage. In the last year, there has been an escalation in attacks, including tear gas attacks, Kurdish rallies are no longer allowed and lawyers, mayors and members of parliament have been jailed. The situation appears to be escalating.

What the prisoners are looking for seems fairly reasonable and non-threatening, for example, the right to education, legal defence in their native Kurdish language and the start of direct peace talks to resolve the outstanding conflict by peaceful and constitutional means. These are issues with which I do not think anyone in this part of the world would have a difficulty. The difficulty many of us have is that, of the 479 cases that have been taken in recent years to the European Court of Justice on grounds of freedom of expression, 207 have originated from Turkey. The situation in the area seems to be getting worse and worse but, at the same time, Turkey is making an application to join the EU. While I welcome the fact the Tánaiste is talking about further progress in regard to the expression of non-violent ideas, there is a contradiction in that, on the one hand, they are looking to join the rest of us in Europe but, on the other, they do not seem to take on board the rights of minorities in their own country.

We are all familiar with our own history, not only in regard to the prisoners' struggle but also in regard to the attempt to wipe out the Irish language. The "bata scoir" or "tally stick" is all they are short of in regard to the Kurdish language, the denial of Kurdish education and so on. Something is radically wrong. We talk in terms of the EU becoming a global leader. It needs to speak out clearly in this regard. I am concerned by this escalation and the situation of the 700 prisoners, many of whom will probably die in the next couple of days, given the length of time they have been on hunger strike. Is there anything else we can do, as a country, to stop this oppression and support human rights? Is it possible to use the Turkish EU application in this regard?

We have some experience on this island of hunger strikes and where that can lead. The latest report I have is that there are 707 Kurdish prisoners on hunger strike and that there is a core group of 64 who went on hunger strike on 12 September and who are now on their 64th day. I understand three issues form the basis for the hunger strikers' demands. The first issue is an end to the isolation of the PKK leader, Abdullah Öcalan, who was captured in 1999. The Turkish Prime Minister has now said that Mr. Öcalan can have access to his family. The second issue is the right of Kurdish suspects to defend themselves in court in the Kurdish language. I understand the Government of Turkey yesterday submitted a Bill to Parliament which will allow suspects to use the Kurdish language during their defence statement and trials. The third issue is the right to mother tongue education in Kurdish. Again, I am informed that the Turkish Government is beginning to provide for elective classes in Kurdish.

Clearly, this will be an issue in the context of Turkey's EU perspective and the issue of accession, and I expect this is an issue we will be handling during our Presidency of the EU next year. We have said we would like to see progress made on Turkey's accession but, clearly, there are standards, criteria and human rights commitments and standards that have to be complied with for accession. This issue will obviously form part of that discussion.

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