Seán Haughey (Dublin Bay North, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

66. To ask the Minister for Foreign Affairs and Trade the position regarding Poland, including EU efforts, to ensure that European values and freedoms are adhered to such as freedom of press and the Judiciary; if the proposed law to criminalise sex education in Poland was raised at the most recent EU Foreign Affairs Council; and if he will make a statement on the matter. [47989/19]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Ireland and its EU partners closely follow legislative developments in EU Member States that could impact negatively on fundamental EU principles, including those relating to the operation of the rule of law, as well as freedom of expression.

In relation to Poland, the European Commission activated its rule of law mechanism in January 2016 and formally triggered the Article 7 procedure on 20 December 2017. There have been five hearings at General Affairs Council meetings since then, in which Ireland has actively participated, highlighting the importance we attach to respect for the rule of law.

Some Polish government legislation has given rise to concerns around fundamental principles of the operation of the rule of law, including legal certainty, separation of powers, shielding of the judiciary from undue influence from other State powers, and security of judicial tenure. 

The cumulative effect of the reforms of the Supreme Court and Judicial Council on the system of justice has been of concern. European institutions, other Member States and the international judicial community should be able to place their trust in the system of justice in all Member States. 

We welcome the legislative steps taken by the Polish Government to address the concerns on rule of law issues raised by the European Commission and also by Member States at the General Affairs Council. We encourage Poland to continue to engage and address the concerns that have been raised.

Regarding the proposed law on sex education in Poland, this was not raised at the most recent EU Foreign Affairs Council.

The proposed law was debated in the last sitting of the outgoing Polish Parliament. We note the resolution passed by the European Parliament on this proposed law which calls on the Polish Parliament to refrain from its adoption. 

Ireland is committed to advancing gender equality at the UN and other regional organisations, and in this regard supports the full and effective implementation of the Beijing Platform for Action and of the International Conference on Population and Development. The Beijing Platform for Action states that “the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence”. Central to this right is the need for universal access to quality and affordable comprehensive sexual and reproductive health information, education, including comprehensive sexuality education and health-care services.

We will continue to monitor developments on this issue and on rule of law issues across the EU.

Seán Haughey (Dublin Bay North, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

67. To ask the Minister for Foreign Affairs and Trade the position regarding Hungary and EU efforts to ensure that the actions by the Hungarian Government are in keeping with the expectations of an EU member state in terms of adhering to European values and ideals and upholding freedoms and rights; and if he will make a statement on the matter. [47990/19]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Fundamental values and the rule of law are a shared EU interest.

We have concerns about issues relating to the rule of law in Hungary in the area of civic space, media freedom and the judiciary.  

We have concerns over the civic space available for NGOs to continue to operate in Hungary. These concerns have been exacerbated by the passage of legislation aimed at individuals and organisations providing lawful assistance to migrants and asylum seekers.

We also regret that the necessary steps were not taken to ensure the operation of Central European University in Budapest in the long term. As the Taoiseach said previously in this House, the loss of the Central European University will be a loss to Budapest and Hungary.

We note that the Hungarian Government has withdrawn its legislative proposal on establishing an administrative court, which was a source of great concern with regard to the independent functioning of the judicial system in Hungary. Other judicial reforms have now been proposed by the Hungarian Government which are now under consideration by the Hungarian parliament. We hope that these reforms are also properly scrutinised with a view to upholding fundamental values and the principles of the rule of law which all EU Member States must adhere to.

Article 7 proceedings were launched against Hungary on 12 September 2018. The first hearing of Hungary under the Article 7 procedure took place at the General Affairs Council of 16 September 2019.  We support the continuation of the Article 7 procedure.  

The Minister for European Affairs, Helen McEntee T.D., discussed rule of law issues with Mr Szabolcs Takács, then Hungarian Minister of State for EU Policies and Coordination, when they met in Dublin on 4 April 2019.

At meetings of the General Affairs Council, Ireland has actively participated in discussions highlighting the importance of respect for the rule of law. The 19 November 2019 General Affairs Council included consideration of a proposal for a yearly stocktaking exercise on the state of play and latest developments regarding the Rule of Law in the EU. We support this proposal.

Seán Haughey (Dublin Bay North, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

68. To ask the Minister for Foreign Affairs and Trade the status of the situation in Bolivia; the position of the EU on same; and if he will make a statement on the matter. [47993/19]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy will be aware, the elections that took place in Bolivia on 20 October 2019 were followed by reports of violence and excessive force by the authorities.

On 10 November last, the Organisation of American States (OAS) released a preliminary report indicating that it found clear irregularities, and that it could not verify the result of the October elections. It concluded that it was unlikely that Mr Morales had won by the required 10% margin and recommended that a new Electoral Commission be set up before convening fresh elections.

On the same day, EU High Representative Federica Mogherini also released a statement calling for a new Electoral Court to be appointed that could offer guarantees of transparent elections, and also called on parties, particularly the authorities, to assume their democratic responsibilities and take the appropriate decisions to allow quick reconciliation and avoid further violence. Ireland supported this statement.

Following the release of the OAS report, Mr Morales agreed to hold new elections but later in the day (10 November) resigned from his post in an effort to return stability to the country. A number of high ranking officials also resigned, including the Vice President, the President of the Chamber of Deputies, and the President of the Senate. Mr Morales took up Mexico’s offer of political asylum and arrived in the country on 12 November.

According to the Bolivian Constitution, and given the resignation of numerous high ranking officials, the next in line to take on the role of interim President is the Vice President of the Senate, Jeanine Áñez. Ms Áñez took up office on 12 November and on 13 November appointed a new cabinet of 11 Ministers. The caretaker Government now has 90 days to hold new elections, as defined by the Constitution.  Ireland, alongside EU colleagues, supports a solution that allows for the interim leadership to prepare for new elections and to avoid a power vacuum which could be seriously damaging to the country.

The EU Delegation in La Paz has been actively supporting mediation on the ground organised by the local Catholic Church to help the Bolivian parties agree on a peaceful path to new elections. I have been in contact with my EU counterparts on how best to support Bolivia in the preparation of these elections. On Monday 11 November, I attended the Foreign Affairs Council in Brussels where EU High Representative Federica Mogherini updated Foreign Ministers on the ongoing work in Bolivia. This included a discussion on the possibility of a new EU Mission to the country and of how best to assist in the election of a new Supreme Electoral Court. The EU also deployed an Election Expert Mission to the country and has several projects in support of Bolivia’s strong civil society.

On 15 November, the EU released another statement calling for a return to constitutional normality so that the rule of law, democratic principles and civil rights are respected. Ireland wholeheartedly supports this recent statement from the EU which also calls on law enforcement bodies to guarantee security for the Bolivian people, while respecting human rights at all times. On Sunday (17 November), the EU Ambassador to Bolivia, Leon de la Torre, met with interim President Jeanine Áñez and assured her that the EU would provide support during the transition period and work to ensure credible elections. Ireland is fully supportive of this approach.  

My Department will continue to work with our European counterparts to support Bolivia in finding a suitable pathway towards stability. We will continue to monitor developments through our Embassy in Buenos Aires which has a concurrent accreditation to Bolivia.