Dick Roche (Wicklow, Fianna Fail)

In addition to the comprehensive ban contained in the convention, the provisions on clearance and victim assistance are a source of particular satisfaction to us all. These provisions have been acknowledged as having set a new benchmark in international humanitarian law. The Government will work to implement the commitments we have undertaken in the convention in our funding and co-operation activities. Perhaps most important, however, particularly given the graphic evidence of irresponsible use of this weaponry, is the onus the convention places on those who have caused damage to assist in the clearance of cluster munitions and their remnants. They are strongly encouraged to provide as much assistance as possible, including financial and material aid, to the affected country. This provision ensures that countries which engage in the use of these monstrous weapons will no longer be able to walk away from the damage and devastation they have caused. Those who fail to meet this requirement will stand guilty at the bar of human judgment.

Ireland's efforts on cluster munitions have not ended with the successful completion of the Dublin conference at Croke Park. In the run-up to signature in Oslo, much work has been done to encourage as many governments as possible to sign the convention and promote awareness of the treaty. Three regional conferences have been held in Sofia, Kampala and Laos, with more to come, aimed at encouraging states to attend the ceremony in Oslo. Ireland, as one of the core group, has been highly active at these conferences, presenting papers and lobbying governments to sign up to the convention. We also organised a large event in the margins of the UN General Assembly last month to promote the convention. The reaction has been positive and international momentum for signature in Oslo continues to grow.

The Oslo process was successful because of the hard work of Ireland and the other core group members, UN organisations, the International Committee of the Red Cross and numerous NGOs. In particular, the wonderful work of the Cluster Munition Coalition and more than 20 Irish NGOs was central to creating awareness of the issues involved with cluster munitions. I am pleased with the ongoing engagement of Irish NGOs in the process and the invaluable support they have offered to the Department. Implementation of the convention after the signing ceremony will require our continued dedication and co-operation with this diverse group of dedicated actors. A priority for the Government will be to build on and further develop our partnerships to provide the Convention on Cluster Munitions with the support essential for its long-term implementation and success. Ireland and other key actors intend to begin work immediately after the signing ceremony to ensure momentum for the convention is maintained.

Some of the key issues we have started to consider are the lessons we have learned from the implementation of the 1997 Anti-Personnel Mine Ban Treaty and how these could be applied to the Convention on Cluster Munitions and the role civil society can play in monitoring and implementing the convention. We will also work to ensure continued ownership and support among the key actors and to promote ratification and universalisation of the convention.

Ireland will also work to support any actions needed in the run-up to the first meeting of states parties, which must be convened within one year of the entry into force of the convention. Subsequent meetings will be convened by the Secretary General of the United Nations annually until the first review conference due to be held five years after entry into force of the convention. It is our hope that the first meeting of states parties will take place as early as this time next year and we will work hard toward this objective.

I reiterate the absolute priority for Ireland to be in a position to both sign and ratify the convention in Oslo on 3 December. The Government is grateful to all Members and parties in that regard. The early enactment of this Bill facilitates Ireland's continued leadership in an area which is important to us all.

Deputy Timmins raised a question about investing in or financing companies in this area. The Government will table an amendment on this on Committee Stage. Deputy Michael D. Higgins asked a series of questions. I listened to the concerns he expressed about interoperability. The purpose of the relevant sections of the Bill is to ensure that members of an Irish contingent could not be prosecuted for inducing or encouraging the use of cluster munitions contrary to section 6(2) of the Bill where he or she is not knowingly involved in such activity. The Deputy will appreciate that provision. Deputy Higgins asked a very important question about aircraft and ships, something I believe he and I should have a discussion on. I have some ideas, but in the usual way, where the Garda have a reasonable suspicion that a criminal offence is being committed, it has the power to search. I shall cause the other questions to be answered in writing.

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