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Military Exports

Dáil Éireann Debate, Thursday - 16 October 2014

Thursday, 16 October 2014

Ceisteanna (6)

Peadar Tóibín

Ceist:

6. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation his plans to continue issuing licences for the export of military list items from Ireland to Israel. [39082/14]

Amharc ar fhreagra

Freagraí ó Béal (10 píosaí cainte)

This question relates to the issuing of licences for the export of military list items from Ireland to Israel. I do not doubt that many of the items in question were used by Israel in the most offensive and horrific way when over 2,150 citizens were killed and more than 10,000 injured in Gaza. Deputies on this side of the House are trying to find out how the Government can stand over the export of these items to Israel at a time when Israel is using them in such an horrific fashion.

My Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the annex to the Control of Exports (Goods and Technology) Order, SI 216 of 2012, which reflects the EU common military list. The EU common military list includes military goods and technology and components for such items that should be licensed for export from the Union. Items which are classified as "military goods" from an export control perspective and are exported from Ireland involve components rather than military equipment. Components licensed for export by my Department are generally exported to manufacturers and systems integrators before being sent to the final end users. The Department consults the Department of Foreign Affairs and Trade in respect of all military export licence applications. All such applications are subject to rigorous scrutiny and are considered in the light of the spirit and objectives of the 1998 EU code of conduct on arms exports. This code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard regional stability and human rights, among other concerns.

Eleven licences for the export of military list items to Israel have been issued since 2011. No licences for the export of military list products to Israel have been granted since the end of the first quarter of 2014. All applications received for the export of military list items to Israel are carefully assessed on a case-by-case basis, having regard to the end use and the end user and against well-established criteria. Observations would be sought from the Department of Foreign Affairs and Trade on any proposed export.

Every time we raise this question, the Minister sticks to the line that military export licence applications "are carefully assessed ... having regard to the end use and the end user and against well-established criteria". He always tells us that "such applications are subject to rigorous scrutiny and are considered in the light of ... the 1998 EU code of conduct on arms exports". He also tells us that these applications are carefully assessed to work out what the end use will be. I do not understand how any export of military list items to Israel can be said to be rigorously scrutinised in any way. The scale of Israel's human rights abuses and breaches of international law is unmatched in the developed world. It is impossible to argue that any future decision to sell components to Israel will have been made rigorously. I ask the Minister to explain why Ireland will potentially continue to issue licences for the export of military list items to Israel. I suggest that this country is clearly in breach of any code of conduct on arms exports.

When applications for export licences come from individual companies, we have to look at the ultimate users and so on. There is a process whereby each licence is assessed on its individual merits. That is the system that is in place. It might bore the Deputy that I am explaining the system to him, but he asked me about the system that is in place.

I am saying it is wrong.

When we have identified the end user and the country of final destination, we have to look at key issues in that country, such as its respect for human rights and international humanitarian law, the internal situation there as a function of the existence of tensions and armed conflicts, and the preservation of regional peace, security and stability. This range of tests focuses on the individual product and the wider context. Each case has to be assessed on its merits. That is the system. It is not a question of designating or blocking out a whole lot of products. Each case has to be identified and assessed on its merits. The system that is in place will continue to apply in a fair way.

I remind the Minister that Ban Ki-moon has said the destruction of Gaza was "beyond description". The physical effect of Israel's attack on Gaza is beyond description. It is impossible to give it words, but I will make an effort. A total of 2,152 people were killed and more than 10,000 were injured during the 51-day war against Gaza. Families were killed in the most barbaric circumstances. Many of them were children. Indeed, the majority of them were children. Israel targeted UN facilities, hospitals, schools, children and families, residential areas, power plants and sewerage and water purification facilities. All of this was designed to collectively punish a people. I am asking the Minister how any understanding of the word "rigorous", or any understanding of the EU code of conduct on arms exports, can allow military list items to be exported from this State in the knowledge that they will end up in the hands of the Israeli Defense Forces for the purposes of the level of destruction to which I have referred. Will the Minister say that the Israeli Defense Forces will no longer be the end user of any of the military list items exported from this country?

I am trying to explain to the Deputy that these applications are assessed on an individual basis. An assessment is made in each case. Some applications are approved and some are refused. This system is not based on picking countries that one does not like. It is based on established and published criteria. As I have indicated, the Department of Foreign Affairs and Trade must be consulted, the human rights conditions in the affected countries must be assessed and the likely use of the individual component or product must be examined. Each case is decided on its merits. Some applications are approved and some are refused.

That is the system, and that will result in refusal in some cases of concern where they do not meet those criteria. It is a fair system in that it deals-----

How can any fair system export these items to Israel?

-----with both sides of the concerns.

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