Oireachtas Joint and Select Committees

Thursday, 12 November 2020

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

Foreign Affairs Council: Minister for Foreign Affairs

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein) | Oireachtas source

With regard to the global business and human rights treaty, the sixth session of the open-ended intergovernmental working group on business and human rights took place in Geneva. For a long time now, there have been calls for the Irish Government to become more involved and engage more proactively in this treaty-making process. One of those leading the call is Trócaire. It has stated it is time for Ireland to stand up, speak up and be on the side of those who are under attack from big business. It stated:

Corporate greed is leading to land being seized, forests being cut down and rivers poisoned. Those who stand up to defend their rights are being harassed, intimidated, even murdered.

Indigenous communities often face the impact of this race for natural resources. The number of killings of human rights defenders in the context of corporate activities is shocking, with an average of over four land and environmental defenders being killed every week in 2019.

Since 2015, more than 2,000 attacks on activists working on human rights issues related to business have been documented by the Business and Human Rights Resource Centre. Women human rights defenders are also being targeted through threats of sexual violence and smear campaigns.

The EU opposed the negotiations, recommendations and conclusions of the process in 2018. Is this position of the EU in line with the views of the Department? Does the Minister agree that the EU's strong opposition to this treaty on business and human rights is correct? Has he or his Department been lobbied to oppose any of the drafts of the business and human rights treaty since 2014? Most important, why has Ireland yet to address the treaty session in the absence of an EU mandate? So far, France and Spain have done so. The Minister was recently quoted as saying he was looking at it. What does that mean? What does that look like? What will his priorities be with regard to this treaty? What are the red lines as far as this Government is concerned?

On behalf my staff and constituents, I express genuine and sincere thanks to the staff of the Department of Foreign Affairs who went above and beyond and played an absolute blinder in getting my constituents home from some of the most far-flung places on the planet during Covid-19. The Department put their minds at ease and their families' minds at ease and they landed safe and sound back in Ireland. I thank the Department.

I want to drill down a little on the issue of people who are victims of crime while abroad. There is a lack of knowledge about consular services. I am sure there is not one Member of the Oireachtas who has not been contacted by a brother, sister, mother, father or other family member trying to get contact details for consular services abroad during Covid. The issue extends beyond Covid-19. There is little easily available advice for people who are abroad. I am referring to pertinent information specifically in the initial hours following a traumatic event, for example, where somebody is the victim of a serious assault or an accident. We should also bear in mind the language barrier that arises in many of these cases or even the lack of access to a mobile phone. The Minister and I know consular services are available but there seems to be a lack of awareness among the general public or a breakdown in communication about them should someone need these services while abroad.

I will highlight a specific case, primarily because it has come back into the public eye in the past few months, namely, an attack on a young Irish woman in Praia da Rocha in Portugal in 2004. She was 20 years of age at the time and working as a holiday representative. Her name has been in the public domain. This young lady was stalked, bound, gagged, beaten and raped following a home invasion in what can only be described as an absolutely horrendous ordeal. She described that the attack was planned, orchestrated and carried out in a manner that left her genuinely fearful for her life. She thought she would die at the hands of her attacker on the night in question. Unfortunately, since day one, the State has not provided any assistance. There has been no involvement, advice or support. The woman's name is Hazel Behan. She is remarkably resilient and has rebuilt her life, work and world. She has a strong family and good friends and she is now in a good place.She has spoken openly about this attack over the years on "The Late Late Show" and on national media. Throughout this process, the State has not provided any support or assistance or involved itself in the case.

I raise this case now, even though I freely admit that none of us in this room, whether the Minister, I or anybody else, can turn back time or rewind the clock. This incident may have taken place 16 years ago but it is now in the public domain again because of recent developments. Multiple law enforcement agencies from a number of jurisdictions are involved, yet there is still no support or assistance being provided by any arm of the Irish State, despite the State being involved in the logistics of what is taking place beyond our borders. Ms Behan says she had received most support from Germany. She is not a German citizen and, until recently, had never set foot in Germany. She also received support from the British but she is not a British citizen. There is no legal obligation on these countries to provide her with the level of assistance they are providing. They see, however, that they have a moral obligation and they are stepping up to meet that obligation.

The Department of Justice is very much aware of what is going on in this case because it has such a high media profile. I have no doubt that will be the case again. Do the Departments of Justice and Foreign Affairs communicate in cases such as this? Ms Behan thought at one stage this incident was in her past and would never gain play such a prominent role in her life but here we are today. For some reason, it seems steps have not been taken to help victims of these crimes feel supported and listened to by someone with relevant experience who can talk them through what a process abroad may involve.

Hazel Behan is an Irish citizen who was attacked in Portugal and is getting more support from the German and British authorities than she has ever received from this State. This is a serious and worrying case.

The Minister and I know those services are available but, in terms of the general public, that breakdown of communication and awareness causes trauma and anxiety in people's lives. Not knowing where to go to get the most basic of information compounds that trauma and anxiety. I know that is the case because I spoke to Hazel this morning. To quote her directly, she said: "Hazel Behan found herself standing in a foreign country literally naked with not so much as a flyers of where to go for assistance." Is that the best we can offer those of our citizens who are victims of crimes in a different country? I do not believe so. I believe even the Minister set a higher standard for what it is we could be doing, and rightly so.

The final issue I want to raise is one a colleague of mine, Deputy Maireád Farrell, raised in the Dáil recently. It is to do with the Finance Bill and the subsidies for NATO military forces for exemptions from VAT and excise on services and goods they will receive from 2022.

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