Michael Kitt (Galway East, Fianna Fail)

I welcome this debate and support the Government amendment. Over the past two days contributors have spoken of the untold harm caused by cluster munitions to civilians in many parts of the world since they were first used in the Second World War.

They are frequently used indiscriminately, harming civilians within range, and their high failure rate creates an enduring hazard of unexploded ordnance that can cause casualties and severe economic and social consequences, long after conflict has ended. At present, international humanitarian law does not adequately address these concerns. Inspired by the Minister for Foreign Affairs, Deputy Dermot Ahern, 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".

The Minister and the Department of Foreign Affairs have worked intensively over the past year to implement Government policy and to achieve progress through a legally binding convention prohibiting cluster munitions that cause unacceptable harm to civilians. As Deputies are aware, it is envisaged that the negotiations at the diplomatic conference in Croke Park next month will finalise just such a treaty. I understand that more than 150 member states will attend as well as an extensive number of NGOs.

Strong political momentum exists for action and agreement and we are confident that 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. I have not heard anybody disagree with the broad thrust of the policy approach being taken by the Government or with the importance of this issue in the context of Ireland's foreign policy and significant contribution through peacekeeping and humanitarian assistance. Everyone believes in the importance of achieving agreement on an effective international instrument to address the unacceptable humanitarian impact of these heinous weapons. We all want to see a total domestic ban on cluster munitions.

The provisions of the convention should be carried forward into domestic legislation and policy, not just to prohibit the use, production, stockpiling and transfer of cluster munitions, but also to make provision for assistance to victims, for the clearance of areas contaminated by unexploded cluster munitions and for assistance in the destruction of stockpiles. We all agree that public funds should not be invested in companies involved in the manufacture of these munitions. The differences between us relate to how best to achieve the outcome we want and how to legislate for it. The Minister for Foreign Affairs made it clear last evening that this is something which should not divide the parties in this House.

The Government believes we should take a comprehensive approach to the issue and is determined to have legislation of the very highest quality. We should not pre-empt the outcome of the negotiations on the new convention and to enact legislation in advance of this risks failing to provide adequately for all the obligations the State will assume under the new instrument.

To ensure that the legislation is of the best 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. The intention is that the committee 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 enable Ireland's early ratification of the new convention. In consultation with all parties, the draft legislation will be given the necessary priority in the Oireachtas timetable.

Ireland was one of the first countries to ratify the Ottawa Convention and it would be an honour and a reflection of the views expressed throughout this debate for us to be one of the first to ratify the cluster munitions convention. In fact, 95 member states have said they agree.

I appreciate the motivation of the Opposition in wishing to provide leadership in advance of the Dublin diplomatic conference and to contribute to international efforts to outlaw cluster munitions. It will be equally important to lead the way in ensuring that each state implements the commitments undertaken in the convention in their own national legislation and practice. We will have an opportunity to set an example later in the year through a comprehensive approach to our own national law. As the Minister for Foreign Affairs said yesterday, we want this to be the comprehensive model for other nations sharing our determination to rid the world of these munitions.

The Government is proposing that the House should postpone the Second Reading for nine months, with a view to enabling a more comprehensive approach to the question of cluster munitions to be taken by the House. In the interim we will be pleased to keep Deputy Timmins and other interested Deputies briefed on developments. I ask that we all work together to achieve this and that Deputies on all sides support the Government's amendment.

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