Dermot Ahern (Louth, Fianna Fail)

If he does not appear I will continue for a further ten minutes as this is an issue about which I am passionate.

I move amendment No. 1:

To delete all words after "That" and substitute the following:

Dáil Éireann:

welcoming the role being played by the Government in international efforts to secure a total prohibition on the production, stockpiling, transfer and use of cluster munitions that cause unacceptable harm to civilians through its active participation in international initiatives to address the issue comprehensively, in line with its commitments in the programme for Government;

noting the convening by the Government of a diplomatic conference in Dublin in May 2008 to negotiate a new instrument of international humanitarian law on cluster munitions that cause unacceptable harm to civilians;

recalling the intention of the Government shortly to establish a national committee on international humanitarian law;

noting that this committee will have, as its first task, the preparation of comprehensive draft legislation to give effect to the new instrument and to enact a domestic ban, thereby enabling its early introduction in the Oireachtas;

resolves that the Cluster Munitions Bill 2008 be read a Second Time this day nine months.

Some time back I visited Lebanon in the aftermath of the recent conflagration between the Lebanese and Israel and saw for myself the incredible work that our troops were carrying out there in assistance with the Finns. During the visit I saw also the devastation caused by cluster munitions. As a result I said clearly to my officials that I wanted Ireland to be in the vanguard of nations in proposing an international ban on these most unacceptable instruments of war. Accordingly, I asked last year that the Fianna Fáil general election manifesto contain the specific commitment that, if returned to office, we would campaign for a complete ban on the use of cluster munitions. Thankfully, in the negotiations for Government involving ourselves, the Green Party and the Progressive Democrats, there was support for the inclusion of the proposed ban contained in the election manifesto in the programme for Government.

Today that campaign is Government policy and is led by my Department. One of the major inputs into this campaign is the holding of an international conference in Dublin in May. The aim is to conclude a legally binding convention that will prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians. There will also be measures to deal with the care and rehabilitation of survivors, clearance of contaminated areas, risk education and destruction of stockpiles.

In that context I welcome the opportunity to give vent to a number of issues in this area. I thank the Opposition parties for their strong support but I wish to point out that this is something which should not divide the parties in this House. I made an effort to ensure we would not divide in this House and I will outline the reason we cannot accept the Fine Gael Bill, which I will not criticise. The strategy which the Government has adopted is the correct one given that next month there will be a significant conference which up to 1,000 delegates will attend for two weeks to deliberate on this issue. I am pleased to acknowledge the shared revulsion of all the parties in this House on the use of cluster munitions. It is important to recognise that the Seanad also tabled an all-party motion on 6 March last on this issue.

One of the issues that is important in this context is the National Pensions Reserve Fund. As Members of this House are aware, but perhaps not those outside it, the Government put in place a substantial pension reserve fund to pay for a portion of pensions into the future. As part of that process, fund managers are given an opportunity to invest in companies around the world. They do that independent of Government. It came to my attention in recent months that there was a possibility that National Pensions Reserve Fund managers could be investing in companies involved in the manufacture of cluster munitions. When it was brought to my attention a number of months ago I raised the matter with the Tánaiste and Minister for Finance and I also spoke at the time to the chairman and CEO of the National Pensions Reserve Fund to insist that as far as Government was concerned no public funds should be expended on these investments.

Thankfully, the National Pensions Reserve Fund has indicated it is willing to move along those lines based on ethical guidelines and on the example we are taking from the Norwegians who have banned investment by its pensions reserve fund in specific companies. No public funds should be invested in these cluster munitions and we will give cover to the National Pensions Reserve Fund in the proposed legislation we will bring forward in the coming months.

While the investment issue is the main focus, apart from the total ban, the Government accepts it is only one element of the broader, more comprehensive approach that is required on this issue. Ireland has never possessed cluster munitions, nor does it intend to, and is therefore not in the situation of a number of states which have adopted national prohibitions. Our firm intention is to legislate for a total domestic ban on cluster munitions and, in addition, to give effect to the provisions of the convention which we hope will be agreed next month at the conference. This legislation not only will be intended to prohibit the use, production, stockpiling and transfer of cluster munitions but will go much further.

I do not want to rush the legislation, I want a legislative template for other nations. I reiterate that I do not wish the House to divide on this issue. In addition to a complete ban on cluster munitions, our legislation will contain provisions for assistance to victims of cluster munitions; the clearance of areas contaminated by unexploded cluster munitions — I saw the Irish troops working with the Finns on my visit to Lebanon; assistance in the destruction of stockpiles of cluster munitions; and for other matters to be agreed in negotiations at the Dublin diplomatic conference.

I want this to be the comprehensive model for other nations sharing our determination to rid the world of these munitions. That is why I do not wish to pre-empt the outcome of the negotiations by enacting legislation this month and then find that following the diplomatic conference we have to, in effect, go back to the drawing board. I firmly believe that is what we should do or we would fail to provide adequately for the obligations the State will assume under the new instrument.

It is the Government's intention, therefore, to enact the necessary legislation as soon as possible following conclusion of the negotiations and finalisation of the convention at the conference in May. I stress that this approach is supported by prominent non-governmental organisations in this area who agree with the Government's approach. They believe it will ensure the most effective and complete implementation of any new agreement that is reached next month. The Government therefore believes that the Dáil should postpone consideration of the Bill for nine months.

We do not disagree with the thrust of the Bill, but we think it would make sense to legislate when we are fully clear on the international dimension of the issue, as per the conference next month. To ensure that the legislation is of the highest possible quality, the Government has agreed to establish a new national committee on humanitarian law, which will have as its first task preparation of comprehensive legislation. My intention is that the committee, on which all relevant Departments and offices of State will be represented, will begin its work in advance of the diplomatic conference so that the Oireachtas will be in a position to enact legislation at an early date and thereby enable Ireland's early ratification of any new convention.

When prepared, the draft legislation will be given the necessary priority in the Oireachtas timetable. I already have the agreement of Government in that respect. Ireland was one of the first countries to ratify the Ottawa Convention and I hope Members share my desire to ensure that Ireland should be among the first to ratify the cluster munitions convention which I hope will emerge from the Dublin conference.

The 2007-12 programme for Government commits us to:

Campaign for a complete ban on the use of cluster munitions. In the absence of a full ban we will seek agreement on an immediate freeze on the use of cluster munitions pending the establishment of effective international instruments to address humanitarian concerns regarding their use.

Ireland has been playing an important role in international efforts to this end through its participation in the UN Convention on Certain Conventional Weapons and, more significantly, through active engagement and leadership in the Oslo process. The Dublin diplomatic conference will be the critical stage in the process and while difficult issues remain, I am confident it will be possible to finalise a treaty at the conference.

For several years, Ireland has been expressing its concerns at the unacceptable consequences of the use of cluster munitions in the UN context. Two main issues arise. First, the use of cluster munitions can be indiscriminate at the time of use, thus harming civilians who are within range and in practice this is usually the case. Second, the high failure rate of submunitions at the time of impact creates an enduring hazard of unexploded ordnance, causing casualties long after the cessation of hostilities and making much land unusable. At present, international humanitarian law does not adequately address these concerns. The lethal consequences of these weapons were most recently apparent in southern Lebanon but have also affected south-east Asia, the Balkans and other theatres of war.

In light of the absence of progress in Geneva and inspired by the process which led to the conclusion of the Ottawa Convention on Anti-Personnel Mines ten years ago, Norway convened a meeting in Oslo in February 2007 of countries ready to explore ways to address the issue of cluster munitions in a determined and effective manner. Forty-six states present adopted the Oslo declaration which committed them to conclude by 2008 a legally binding international instrument that will "prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians". Ireland is one of seven states driving the Oslo process, along with Norway, Austria, New Zealand, Mexico, Peru and the Holy See. We have participated actively in a series of conferences in Oslo, Lima, Vienna and, most recently, Wellington to identify the issues, clarify positions and formulate a draft treaty.

Political momentum has grown significantly and almost 100 states have already endorsed the recent Wellington declaration which lays the foundation for the Dublin diplomatic conference. Many more states are expected to indicate their support in the coming months and participate in the negotiations in Dublin. Current expectations are that between 800 and 1,000 delegates from a wide range of governments, international organisations and NGOs will attend the conference. On behalf of Ireland, I offered to host this important conference which will last for two weeks and bring considerable business to Dublin and Croke Park. On my instruction, embassies around the world are actively seeking to ascertain the positions of countries as we prepare for the conference.

Significant differences remain to be resolved on key issues such as definitions, any possible period of transition to a ban and future military co-operation, including in UN-mandated missions with states not party to the convention, an issue raised by Deputy Timmins. There is reason to believe that these differences can be resolved and prospective solutions for many less contentious issues have already emerged in the course of the earlier meetings in the process. I am confident we are on track for the adoption of a convention which will be comprehensive and effective and will get users, producers and cluster munitions-affected states on board.

It is also our aim to establish a new norm of international humanitarian law which will influence the behaviour of every state engaging in conflict, regardless of whether they have ratified the convention. This has been the experience of the Ottawa Convention in stigmatising the use of landmines, even by states which are not party to it. We believe this experience can be emulated.

As I stated, the key aim of the new treaty will be to prohibit the unacceptable humanitarian harm caused by cluster munitions. However, we must also look to the past impact and the damage inflicted on societies and individuals by these horrendous weapons. I saw the terrible risk posed to civilian populations by unexploded cluster munitions in Lebanon when I was given a demonstration by the Defence Forces of the types of cluster munitions used in the area by the Israelis. It was significant that some of these devices looked very much like children's toys. An annex to the recent Winograd report on the Israeli war against Lebanon clearly shows the difficulties that the authors of the report saw in relation to the use by the Israelis of cluster munitions in Lebanon.

The draft convention contains strong provisions for humanitarian assistance to victims, the clearance of areas contaminated by unexploded cluster munitions, assistance in the destruction of stockpiles of these weapons and risk education. I am hopeful the treaty which emerges from the negotiations will be the most comprehensive of its kind in addressing these needs.

The Government is fully committed to support for victim assistance, clearance of areas contaminated by unexploded remnants of war, destruction of stockpiles, risk education and support for rehabilitation of survivors and their socioeconomic integration. As I outlined, these issues will be addressed comprehensively in the convention. I emphasise our desire to ensure the provisions of the convention will be included in legislation.

Even now, the Government is working to fulfil these commitments in close co-operation with NGOs and with UN agencies. Since 2000, we have provided approximately €20 million in funding to meet needs in this area. Irish Aid has an ongoing relationship with a number of the leading NGOs operating in this field. Our partners include HALO Trust, Mine Action Group and Handicap International and we have provided funding to Explosive Remnants of War — ERW — and relief measures in Somalia, Afghanistan, Angola, Mozambique and Iraq, among other countries. My colleague, the Minister of State at the Department of Foreign Affairs, Deputy Michael P. Kitt, recently approved €1.875 million of funding for HALO Trust's de-mining activities in three countries in 2008. It is anticipated that the expansion of the Irish Aid budget will result in an increase in the level of funding available to respond to proposals from suitable partners.

The Cluster Munitions Bill before us contains a broad definition of "trade" in cluster munitions, which encompasses not only what is generally understood to be trade, that is, import, export and transit, but also such aspects as development, design and production. I will focus briefly on the purely trade issues, in particular control on the export and transit of cluster munitions. In the context of its commitment to disarmament and arms control, Ireland has committed to operating an effective export control system in accordance with our international obligations. In this regard, Deputies will be aware that just over a month ago we enacted the new Control of Exports Act 2008 which updates and modernises our legislative regime governing the export of military and dual use goods. It is timely to recall what the legislation sought to achieve because while I do not believe there is any real prospect of the manufacture of cluster munitions being undertaken here, the Control of Exports Act remains relevant to ensuring there can be no export, brokering or rendering of technical assistance in relation to such munitions.

The Control of Exports Act represents this Government's tangible commitment to having in place a robust export control system that can best meet the challenges we face at a time of rapid geopolitical and technological developments. Combating cluster munitions is one of these challenges. Section 3 of the Act enables the control of arms brokering activities. Not only does it provide for controls to be imposed on brokering activities undertaken in the State, it also extends such controls with regard to activities outside the State if undertaken by an Irish citizen or company.

The issue of extra-territoriality was a key consideration when framing this section. A person normally resident here could, for example, arrange for an arms transfer, while temporally outside the State, of goods which at no point transit through Ireland. In the absence of appropriate legislation, on his or her return to Ireland no prosecution could follow, notwithstanding that an arms embargo might have been breached or Irish export control laws evaded.

Section 5 of the Control of Exports Act provides for orders or regulations to be made to control technical assistance, such as repairs, maintenance, development, manufacture, assembly, testing, training and instruction and consultancy services. The joint action commits member states to imposing controls on technical assistance in connection with certain military uses. During the debate on the Act, and in the context of drafting the secondary legislation to give it full effect, the Government indicated its willingness to examine the possibility of broadening this control in consultation with interested parties.

I value the commitment of all Oireachtas parties to combat the scourge of these weapons. The Government is determined to achieve the strongest possible prohibition of cluster munitions and to make a meaningful difference to the lives and livelihood of vulnerable civilians around the world who have suffered from their use. I have made clear my personal and long-standing engagement on this issue.

Ireland is playing a strong leadership role in international efforts to this end through its participation in the Oslo process and the convening of the forthcoming Dublin conference. We are committed to carrying forward the outcome of the conference in domestic legislation and policy and ensure the resources at our disposal are available to support victim assistance etc.

I thank Deputy Timmins for introducing his Private Members' Bill. I must, however, emphasise the Government is not voting against the Bill but postponing it because we believe it needs to be much more comprehensive. It makes no sense to pass legislation and then restrict ourselves on Committee Stage. At my instigation, Dublin will host the forthcoming diplomatic conference on cluster munitions in May. After that, there will be a better and broader idea of what is required in this area.

While Deputy Timmins introduced the Bill as an Opposition Member, he has acknowledged the Government has worked away on this matter. However, I believe it is better to park the legislation. The Government will introduce its legislation over the next nine months after the conference's deliberations. Then we will have a better opportunity to deal with the broader issues involved, not just a total ban on cluster munitions but the issues concerning the National Pensions Reserve Fund.

See this speech in context