Michael D Higgins (Galway West, Labour)

My concern is that it is of the nature of those involved in arms brokerage that their citizenship may have been derived from one source whereas their residency status may frequently fluctuate. The typical arms broker may use several different passports for several different purposes. He may have clients in one particular country but will arrange for a deal to be struck in another country and the product to be sourced in yet another country. That is the nature of the deadly game arms dealers play.

Clarification is needed on a few points. The amendment would have the effect of including, on an equal basis, non-citizens and citizens. If one decides to exclude non-citizens from the terms of the section, as proposed in the legislation, the onus falls on the Government to specify how the problem of non-citizens will be addressed. The problem is not confined to the simplistic notion of a person who enumerates or sells armaments but extends to the area of transshipment. It is fascinating that in international law the so-called Diana convention on landmines was specific and went further than any other international convention by laying down an obligation to inspect. In the case of landmines being transferred by aeroplane, for example, one has a right, which does not apply to any other item, to board an aircraft because the produce, sale or transmission of landmines is prohibited. I regard this as the model for other armaments controls. When the legislation is signed, will it include a power to deal with transshipment?

If one proposes to exempt non-citizens from an obligation imposed on citizens, one creates a problem regarding so-called security firms and security services supply firms, some of which are crude mercenary organisations. Is the text adequate to address the activities of arms firms and security firms? Such companies could issue a document that purports to show compliance with the law, although they may be involved in a web of transactions.

If one chose to place a malign construction on the legislation, which I am not doing, one would argue that the section seeks to stay out of the way of bad European practice because we do not want to interfere with people who are travelling throughout Europe. On the issues we have identified, it is important that the dangerous transients who are outside the category of citizens, upon whom a clear obligation falls, are equally included in the scope of the section.

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