Frank Fahey (Galway West, Fianna Fail)

I also congratulate the Minister for Foreign Affairs on the introduction today of the Cluster Munitions and Anti-Personnel Mines Bill to make provision in domestic law for the obligations the State will assume under the Convention on Cluster Munitions, CCM. It is a demonstration of the Minister's commitment that he has facilitated the early publication and enactment of this Bill in order that Ireland will be in a position to sign and ratify the convention in Oslo in December. It was a great honour for Ireland to host the diplomatic conference in Dublin that adopted the CCM in 2008. It brought the need for immediate action to everyone's consciousness.

The conference was attended by 130 states and a large number of international intergovernmental and non-governmental organisations, including many Irish NGOs. The successful conclusion of negotiations on the CCM under Irish chairmanship represents one of the most significant contributions to the development of international humanitarian law in recent years and constitutes a major achievement in Irish foreign policy. All those involved in the Department of Foreign Affairs, our embassies and, not least, the Minister are to be congratulated on this achievement.

The heart of the convention is an immediate and unconditional ban on all cluster munitions, which cause unacceptable harm to civilians. Each state party undertakes never in any circumstances to use, develop, produce, acquire, stockpile, retain or transfer cluster munitions, or to assist another party in so doing. By adopting a wide and encompassing definition, the convention effectively prohibits all cluster munitions that have ever been used in armed conflict. It also was a very important achievement that the convention provides for no transition periods during which the cluster weapons outlawed could still be used. In addition, states that sign up to the convention will undertake to ensure the destruction of all their cluster munitions within eight years, with short extensions possible in case of difficulty. Areas containing cluster munition remnants must be cleared within ten years. The Government also is pleased that the language in the new convention on victim rights and assistance is the most advanced on these issues ever included in an international instrument.

As the Minister noted, among the first uses of cluster munitions was an attack on Grimsby during the Second World War, in which many civilians were killed and injured by munitions that had not exploded upon impact. The weapon subsequently formed part of NATO's arsenal during the Cold War. Cluster munitions were used on an enormous scale during the Vietnam War and Laos, which was not even a declared participant in the war, became the most affected country in the world. The high failure rate, large numbers of sub-munitions and extremely wide strike pattern mean that even a single cluster munitions strike in or near an agricultural area can pose a significant long-term socio-economic and physical threat to the population. The unexploded bombs continue to cause civilian casualties, restrict access to land and impede social and economic development in such countries.

The 2006 Lebanon war offers a significant example of the destruction and devastation the widespread use of cluster munitions can cause. Approximately 4 million sub-munitions were fired into south Lebanon by Israel. This left approximately 1 million unexploded individual sub-munitions in the area. The areas contaminated included agricultural land, as well as water and power infrastructure. Most recently, it has been reported that both sides in the Russian-Georgian conflict engaged in the use of cluster munitions and this has been condemned in the Council of Europe.

Ireland is determined that the prohibition on cluster munitions contained in the convention should become established as a new norm of international humanitarian law. The hope is that even states which do not become party to the new convention immediately nonetheless will be inhibited from using cluster munitions by the stigmatisation effect of widespread adherence by others. This has already happened successfully in respect of the anti-personnel mine ban convention and it is hoped the Convention on Cluster Munitions will have a similar effect.

Ireland was among the 46 states, including some cluster munition users and cluster munitions producers, such as France, Germany and the United Kingdom, which committed themselves in Oslo in February 2007 to complete an international treaty by the end of 2008 to prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians and to establish a framework for co-operation and assistance that ensures adequate provision of care and rehabilitation to survivors and their communities, clearance of contaminated areas, risk education and destruction of stockpiles of prohibited cluster munitions. The Oslo process, as it became known, was driven forward by a core group of seven like-minded countries. I am pleased Ireland was to the fore in that respect, in conjunction with Norway, Austria, the Holy See, Mexico, New Zealand, and Peru, who worked closely with the Cluster Munitions Coalition, NGOs, and international organisations such as the UN and the International Committee of the Red Cross. From the outset there was a strong humanitarian focus to ensure any agreement reached would adequately address the numerous relief and development issues that are left in the wake of the use of cluster munitions.

Momentum for the Oslo process continued to grow exponentially and by the time of the Dublin conference more than 100 countries had joined. Following two weeks of intense work the diplomatic conference adopted, by consensus of all participating states, the text of the Convention on Cluster Munitions. There is now a comprehensive prohibition on the use, development, production, acquisition, stockpiling, retention and transfer of cluster munitions, as well as on assisting, encouraging or inducing anyone to engage in behaviour prohibited to a state party under the convention.

The definition of a cluster munition under the convention is comprehensive and will lead to the prohibition of all cluster munitions that cause unacceptable harm to civilians. The convention prohibits all types of cluster munitions that have ever been used in armed conflict. The convention provides that a state party's stockpile of cluster munitions must be destroyed within eight years of the convention's entry into force for that state party. That period may, under exceptional circumstances, be extended. In view of the fact that some states may not have facilities suitable for destroying stockpiled cluster munitions, the transfer of cluster munitions to another state party for the purpose of destruction is permitted. A small number of cluster munitions may also be retained for training purposes under very strict rules.

The provisions of the convention on victim assistance have been acknowledged as setting a new benchmark in this area and the Government will work to integrate this aspect into its funding and co-operation activities. As Deputy Nolan indicated, Ireland is fully committed to the provision of support for victim assistance, clearance of areas contaminated by unexploded remnants of war, destruction of stockpiles, risk education and support for the rehabilitation and socio-economic integration of survivors. I am delighted we have offered substantial support over the years to landmine clearance.

Ireland's efforts on cluster munitions did not end with the successful completion of the Dublin conference. In the run up to the convention's signature in Oslo, much work has been carried out to encourage all governments to sign the convention and to promote awareness of the treaty. Three regional conferences have been held in Sofia, Kampala and Laos, with two more to be held in Lebanon and Ecuador, to encourage states to attend the ceremony in Oslo. Ireland, as one of the core group, has been highly active at the conferences, presenting papers and lobbying governments. The reaction has been very positive and international momentum for signature in Oslo continues to grow. It is one of the proud achievements of the Irish foreign service that we have been playing such an important role in this development. I am delighted to support the introduction of the legislation, which is a significant landmark in Ireland's foreign policy.

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