Eamon Gilmore (Dún Laoghaire, Labour) | Oireachtas source

I thank the Chairman and members. As always, it is a pleasure to come before the select committee. The Arms Trade Treaty was adopted by the UN General Assembly on 2 April last by a very large majority of states. The text was negotiated at two diplomatic conferences held in July 2012 and March 2013. It is the product of a very positive and constructive process in which all states participated and involved a substantial input from civil society, with which my Department maintains a regular channel of communication.

The process which ultimately led to the Arms Trade Treaty could be said to have begun before 2000, with efforts in the United Nations to find a shared approach to the problem of the uncontrolled spread of small arms and light weapons. However, it was not until 2006 that the first resolution on the Arms Trade Treaty was passed in the General Assembly. The subsequent negotiating process was marked by strong support from across all regions. The support of those states most affected by uncontrolled flows of weapons in Africa, Latin America and the Caribbean, in particular, was vital to ensuring the successful outcome of the process.

Ireland and the European Union also made a strong contribution to the process. We were particularly committed to ensuring that the treaty contained strong provisions on international humanitarian law and international human rights law, as well as provisions relating to the often disproportionate impact of weapons and conflict on women and children.

For the first time, the treaty sets out legally binding obligations on states involved in the arms trade. These include an obligation to deny authorisation for an arms transfer where the arms involved would be used to commit genocide, crimes against humanity, war crimes or attacks on civilians; an obligation not to authorise arms transfers which would have a negative impact on

In Ireland, we already have an export control system in place which meets the requirements of the Arms Trade Treaty. For this reason, the implementation of the treaty in Ireland will not require additional legislation. Our export control system is run by the Department of Jobs, Enterprise and Innovation, which considers all applications for licences to export military goods in consultation with my Department. The criteria used to consider such applications are set out in the EU common position on military transfers, 2008/944/CFSP. As it is the outcome of a negotiating process, the Arms Trade Treaty is not perfect and there are areas in which we would have liked stronger provisions to be included. For example, there is no common definition of the term "overriding risk" with regard to violations of human rights. While arms and ammunition must be included in export control regulations, they are not covered by the obligations relating to imports, brokering or transit, or under the transparency measures. We would also have liked the reference to gender-based violence to be stronger.

Nevertheless, the Arms Trade Treaty represents a very significant step forward. Never before has the international community set out, on a legally binding basis, the terms to be observed in authorising the transfer of arms. Never before has the vital importance of assessing the likely end use, the consequences of transfers on civilian populations and the link between arms transfers and human rights been set out so clearly.

The treaty will not achieve anything if it is not adequately implemented. This is the next phase of activity. Already, 114 states have signed the treaty, including all 28 EU member states, and eight states have ratified it. It is noteworthy that seven of the eight states that have ratified the treaty are from regions affected by the illicit trade in arms - the Caribbean and Africa. The treaty will enter into force 90 days after the 50th state ratifies it. It is important that entry into force come as early as possible. I am determined that Ireland should deposit its instrument of ratification as soon as possible in order that we contribute to early entry into force. With the approval of this motion, Ireland will have completed its domestic procedures.

We will then be in a position to deposit our instrument of ratification as soon as the Council completes the EU decision that is required because of those aspects of the treaty which fall under EU competence. We will work to encourage as many states as possible to sign and ratify the treaty. At the moment, a number of states with significant involvement in the arms trade have not signed, including Russia, China and India. However, these states did not vote against the treaty in the general assembly and have not rejected the option of signature. Therefore, I am hopeful they may yet come to agree with the substantial majority of states which voted in favour of the treaty.

Once the treaty has entered into force - possibly next year, if the current rapid rate of ratification continues - we will work with all interested states to ensure effective implementation of its provisions. The treaty allows for the exchange of information over time and for the adoption of shared understandings of what is involved in full and effective implementation. Our approach in the future will be guided by the principles that have served us well thus far - the essential importance of upholding international human rights law and international humanitarian law, the importance of shielding civilians from the worst effects of illicit and destabilising arms transfers and the importance of ensuring that arms transfers do not facilitate gender-based violence. Implementation of this treaty will make a significant difference to the lives of millions of people. I commend the motion to the committee.