Micheál Martin (Cork South Central, Fianna Fail)

Under no circumstances do I perceive the Deputy's position to be one of an idle idealist. He has been committed to and active in this entire process. On the other hand, I would not describe the standards in the definitions achieved as minimalist. They are comprehensive and of a high order. The definition of what constitutes a cluster munition was, as we know, one of the difficult issues encountered during the negotiations in Dublin. The guiding principle was to reach agreement on the prohibition of all cluster munitions that caused unacceptable harm to civilians. The definition, as set out in the Bill, reproduces the one agreed in the negotiations. It is comprehensive and meets the objective of prohibiting all cluster munitions that cause unacceptable harm to civilians. The convention prohibits all types of cluster munitions that have ever been used in an armed conflict. Following proposals made by the Government, it also prohibits explosive bomblets specifically designed to be released from dispensers of fixed wing aircraft in the same way as cluster munitions. This is an extremely important provision which closes potential loopholes created by new technologies.

As the Deputy said, in terms of our discussion on the last set of amendments, there is the issue of consistency in applying the standards we have agreed with like-minded countries. We would risk severely complicating international co-operation and implementation conventions, particularly in the context of international peacekeeping operations. The Defence Forces have to work with the armies of other states in peacekeeping missions. At worst, we could make it impossible for them to engage in such missions.

The convention sets out the standards agreed by all states involved in the negotiations. If each state, in turn, were to apply different standards in its domestic laws, the convention would be unworkable. We had this debate on Committee Stage and while I appreciate the Deputy's viewpoint and perspective, I am not disposed to accept the amendment for the reasons outlined.

Question, "That the words proposed to be deleted stand", put and declared carried.

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