Dáil debates

Tuesday, 4 November 2008

Cluster Munitions and Anti-Personnel Mines Bill 2008: Second Stage.

 

6:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

I thank all Deputies who contributed to the Second Stage debate, particularly Deputies Michael D. Higgins and Billy Timmins. I share with all Members of the House a common abhorrence of cluster munitions and anti-personnel mines. These are extraordinary weapons and it is sickening that human ingenuity is used and abused to produce weaponry which causes such mayhem and damage and is wilfully designed to destroy human life. Deputy Ó Snodaigh referred to the residue of these weapons in Vietnam. It is appalling that in Flanders fields, where ploughing took place last week, dangerous weaponry from the First World War remains. I also thank those Deputies who recognised the Government's work in achieving consensus on the Convention on Cluster Munitions in Dublin last May. Irish people can be proud of the work invested in this issue by officials of the Department of Foreign Affairs and members of the Defence Forces.

Achieving a comprehensive prohibition on the use, development, production, acquisition, stockpiling, retention and transfer of cluster munitions was an important objective for the Government and all parties in this House. It has been achieved early in the lifetime of the Government and the Oslo process and Convention on Cluster Munitions exceeded early levels of ambition for what could be done. This success is due to the almost global recognition of the horror of cluster munitions. I echo the sentiments of a number of Deputies when I note with sadness that nations which regard themselves as civilised or advocates of democracy should be involved in the production, distribution and use of these weapons.

As Deputies will be aware, the Convention on Cluster Munitions was adopted by consensus at the conclusion of the Dublin diplomatic conference last May at Croke Park. It will be opened for signature at a ceremony in Oslo on 3 December and will enter into force six months after 30 states have ratified it. The Bill will allow Ireland to sign the convention and ratify it an early date.

The successful conclusion of negotiations under Irish chairmanship is one of the most significant contributions to the development of international humanitarian law in recent years and a major achievement in Irish foreign policy. As the Minister for Foreign Affairs emphasised, the Government and all Members of the Oireachtas share a common ambition to carry forward the excellent work which has already been done by being in a position to both sign and ratify the Convention on Cluster Munitions at the ceremony in Oslo in December. The enactment of the Bill facilitates this ambition and will clearly demonstrate Ireland's commitment to promoting the earliest possible entry into force of the convention.

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 that it will never, in any circumstances, use, develop, produce, acquire, stockpile, retain or transfer cluster munitions or 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 does not provide for any exceptions in that it bans all weapons which have the effect and characteristics of cluster munitions and cause unacceptable harm to civilians. It is a pity we cannot go a step further and introduce a prohibition on all weaponry which causes harm to human life because it is widely sought.

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