Written Answers Nos. 34-41
34. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the amount of funds that will be available to deal with the serious problem of coastal erosion at the Burrow in Portrane, both in terms of the emergency works required as a result of recent damage and in respect of a more sustainable longer-term solution. [2576/14]
Amharc ar fhreagraThe investigation and addressing of coastal protection problems at this location are matters for Fingal County Council in the first instance. In February, 2013 the Office of Public Works approved funding of €57,800 to the Council under the Minor Flood Mitigation Works & Coastal Protection Scheme to undertake a coastal erosion and risk management study for Portrane/Rush. This funding has been drawn down by the Council on completion of the report. It is a matter for the Council to act on the findings of the study report. It is open to the Council to apply to OPW for funding for works at this location under the Scheme. Any application received will be assessed under the eligibility criteria, which include a requirement that any measures are cost beneficial, and having regard to the overall availability of funding.
The Office of Public Works wrote on 10th January, 2014 to City and County Managers in coastal areas indicating that it will accept applications under its Minor Flood Mitigation Works & Coastal Protection Scheme for funding to assist with repairs to built flood defences and coastal protection structures which have been damaged by the recent storms. This is a once-off measure to reinstate built coastal defences to their pre-storm condition. The specific application form for this, entitled Coastal Storm Damage Flooding Questionnaire 2014, is available on the OPW's website, www.opw.ie, under Flood Risk Management. Any work for which funding is sought will be carried out by the Local Authorities.
It is open also to Fingal County Council to carry out flood mitigation and coastal protection works using its own resources.
35. Deputy Thomas Pringle asked the Tánaiste and Minister for Foreign Affairs and Trade further to Parliamentary Question No. 33 of 15 January 2014, if his Department and-or the consul general made any attempt to have the host nation acknowledge the person's second citizenship and therefore enable this State to provide consular assistance to the fullest extent; and if he will make a statement on the matter. [3022/14]
Amharc ar fhreagraAs was indicated on 15th January in my reply to Parliamentary Question Nos. 33 and 78, my Department is providing consular assistance to this person and will continue to provide all possible consular assistance. My Department does not have an automatic entitlement to provide consular assistance to the person referred to by the Deputy given that he is an American citizen being tried in a US court. In cases involving dual nationality, it is at the discretion of the host nation whether to acknowledge a person's second citizenship and to afford that country's diplomatic service access to provide consular assistance.
Once the person became an Irish citizen, in September 2013, my Department notified the State Attorney's Office in Dade City, Florida of our interest in the case as the person in question is also an Irish citizen and requested permission to provide consular assistance in this case. The authorities in Florida were amenable to this request. My Department has been providing consular assistance since that time and will continue to provide all possible consular assistance.
36. Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on Ireland's recent efforts in response to the humanitarian crisis in Gaza; if he plans further measures in terms of aid or diplomatic pressure; and if he will make a statement on the matter. [3035/14]
Amharc ar fhreagraI am deeply concerned at the ongoing humanitarian crisis in Gaza which I witnessed firsthand during my visit to the occupied Palestinian territory last October. The situation has deteriorated in recent months due to an acute economic and energy crisis caused by the long standing restrictions on the movement of people and goods from Gaza, but was further exacerbated by the winter storms in December.
In response to the ongoing humanitarian crisis in Gaza in 2013, Ireland provided additional funding of €500,000 to UNRWA (the UN agency dedicated to responding to the needs of Palestinian refugees) to support the food assistance element of their Gaza Emergency Appeal. This brings Ireland's total contribution to UNRWA's appeals for Gaza to €4.64 million since 2006 and underlies our continuing commitment to meeting the emergency needs of the Palestinian people. UNRWA's food assistance provides a lifeline for thousands of refugee families in Gaza and helps to prevent a potentially large scale crisis in a context where an estimated 57% of households are classified as food insecure. This funding support was in addition to Ireland's broader programme of assistance to the Palestinian people and brought our total funding support in 2013 to €10.7 million. This included support to UNRWA's general fund, the Palestinian Authority, the UN Office for the Coordination of Humanitarian Affairs and civil society organisations working to promote human rights and democratisation.
In the coming year, Ireland will continue to support actively the search for a lasting and peaceful political solution to the Israeli-Palestinian conflict, as well as the wider region. The Government will continue to press, at both political and diplomatic levels, for an end to the blockade of Gaza. The Government has also appealed to all relevant parties – especially Israel but also Palestinian leaders and Egypt – to take account of the effect their policies are having on the people of Gaza. In the meantime, we will continue, as we have done for many years, to offer the humanitarian support which is essential in addressing the ongoing basic and emergency needs of the Palestinian people.
37. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the prosecution of a person (details supplied) in Pakistan, who is sentenced to death by hanging on the basis of charges of blasphemy; if he has made representations to the Pakistani authorities in relation to this case and the general persecution of Muslims converting to Christianity, which is forbidden in some Islamic countries; and if he will make a statement on the matter. [3105/14]
Amharc ar fhreagraI would direct the Deputy to Question No. 187 on the same topic, which was raised by Deputy Thomas P. Broughan and answered by me on 21 January 2014.
38. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade if he has made representations to British officials regarding Britain's refusal to recognise Palestine as a member of the International Criminal Court, even though it accepts that Israel is committing illegal acts in Palestinian territories, specifically in regard to a settlement building, which is a war crime under the Rome Statute, as defined in Article 8: War Crimes, Section 2(b), Part (viii); and if he will make a statement on the matter. [3109/14]
Amharc ar fhreagraIt is clear that Palestine, having been seated as a "Non Member Observer State" at the United Nations General Assembly, could now become a party to the Rome Statute of the International Criminal Court. However, Palestine has not yet done so, and is not at present a party to the Statute. At the time of the General Assembly vote in 2012 the UK was one of many states, including many who voted in favour of granting Palestine observer state status, who expressed concern that any decision to accede to the Rome Statute simply in order to open another front in an already complex and deadlocked conflict with Israel might be counterproductive to efforts to achieve a negotiated peace agreement.
The consent or acquiescence of existing State Parties is not required for an eligible party to become a party to the Statute. The issue of the UK or other states recognising Palestine as a member of the International Criminal Court, and of Ireland making representations to them on the subject, does not therefore arise.
39. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the reason, if the principle of sovereign immunity does not interfere with obligations arising from the international treaties, the laws giving effect to the international treaties are not being enforced; and given that the Geneva Conventions Act 1962, as amended in 1998, provides that any minor breach of the 1949 Geneva Convention is a punishable offence, if gardaí should be ensuring there are no breaches of the convention taking place at Shannon. [3110/14]
Amharc ar fhreagra41. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade the laws which give effect to the principle of sovereign immunity. [3273/14]
Amharc ar fhreagraI propose to take Questions Nos. 39 and 41 together.
As I set out in my reply to Parliamentary Questions Nos. 86 and 115 of 19 November 2013, in accordance with Article 29.3 of the Constitution, Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States. Sovereign immunity, also known as State immunity, is an established principle of customary international law and is recognised in Irish law, although there is no domestic legislation on the topic. This was acknowledged by the Supreme Court in the case of Canada v Employment Appeals Tribunal (1992). The State is required as a matter of law to respect sovereign immunity.
Sovereign immunity means that, subject to certain exceptions, states are not subject to the jurisdiction of other states. Sovereign immunity may also apply to officials – for example officials of one state visiting the territory of another state may be immune from arrest and trial. The fact that immunity applies, however, does not exempt states or their officials from their obligation to respect the law and nor does it prevent the investigation of any alleged criminal offence. Sovereign immunity is procedural only and may be waived by the state enjoying it.
As I have said on previous occasions, where allegations of extraordinary rendition through Shannon Airport have been made, including by members of the Oireachtas, these have been fully investigated by senior officers of An Garda Síochána. In no case has any evidence been adduced to support claims that extraordinary rendition had occurred. If anyone has evidence to suggest that any person subject to extraordinary rendition has transited an Irish airport, this evidence should be made available to An Garda Síochána, so that an investigation can take place.
40. Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether all senior appointments to taxpayer-funded positions in the public service under the remit of his Department, including appointment to State boards, should be publicly advertised; and if he will make a statement on the matter. [3197/14]
Amharc ar fhreagraThe Public Appointments Service (PAS) is the independent body designated under the Public Service Management (Recruitment and Appointments) Act 2004 to provide shared service recruitment to the public service and is responsible for the running and advertising of competitions on behalf of the Department including for Top Level Appointments Committee (TLAC) positions. Special Advisers to Ministers and Ministers of State are appointed by the Government, at the request of a Minister of the Government having charge of a Department, in line with Section 11 of the Public Services Management Act 1997.
There are no State Agencies under the aegis of my Department and, accordingly, the question of appointments to taxpayer funded positions on State Boards does not arise. However, there are a number of ad hoc informal advisory bodies who work with my Department in relation to matters such as Emigrant Services, the Global Irish Network, Human Rights, Holocaust education and gender equality. All persons serving on these groups do so in a voluntary, non-remunerated capacity.
There is only one body for which the members receive an allowance (€2000 per annum) and it is the Irish Aid Expert Advisory Group, whose members are selected by the Tánaiste on the basis of relevant expertise and availability.
