Dáil debates

Thursday, 7 October 2010

Biological Weapons Bill 2010: Second Stage

 

2:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Cuirim fáilte roimh an Bhille seo. Cuirfidh sé leis an raon reachtaíochta atá againn sa Teach seo atá ag seasamh lenár ndualgais idirnáisiúnta maidir le huirlisí atá á gcoigilt go hidirnáisiúnta chun úsáid i gcogaí difriúla. Cheana féin, tá an Dáil seo tar éis reachtaíocht a rith maidir le cluster munitions agus a leithéid. Chuir muid fáilte roimhe sin ag an am agus cuirfidh an Bille seo leis sin.

An chúis leis an Bhille seo ná go gcinnteofar nach mbeidh armlón cogaíochta biological á chruthú, á fhorbairt, á dhíol nó fiú i seilbh duine ar bith ar an oileán seo. Glacfaidh gach duine leis an tábhacht a bhaineann leis an reachtaíocht seo. Tá rudaí, mar a dúirt Teachtaí romham, gur gá dúinn a dhéanamh go fóill in ainneoin an Bhille seo agus ba chóir go nglacfadh an tAire le roinnt de na moltaí atá luaite cheana ag an Teachta Michael D. Higgins go háirithe. Seasaim leis an chuid is mó atá ráite aige agus is cóir don Aire éisteacht leis an méid a dúirt sé mar tá easpaí sa Bhille fós. The aim of the Biological Weapons Bill is to prohibit the use, development, production, manufacture, possession, stockpiling, acquisition and retention or transfer of biological weapons and, as such, it is a welcome development. It sets a standard that one hopes many countries around the world can reach. That is where Ireland should be in the world, setting standards albeit standards that do not impact greatly on this country. We are not producers of biological weapons and to my knowledge we have not used or sold them. However, countries close to us have been involved in such production.

Countries close to us that are regarded as friends of Ireland have been involved in this trade. Therefore the ban we are introducing in this Bill is to be welcomed. It is welcome as a statement to the world that Ireland is not willing to stand over the continued production and sale of such weapons.

That was the same intention when we dealt with the cluster munitions and a number of other Bills in recent years. Ireland should try to set the standard and bring other countries along with us, by virtue of our arguments to persuade other states to end production and destroy any stockpiling of such weapons that exist. The creation and stockpiling of biological weapons was outlawed in 1972 under the biological weapons convention. This was signed by 159 state parties and there were 15 signatory states involved. Given Ireland's neutral stance we signed it in 1972, but clearly any attempts to ban the use of such abhorrent weapons, aimed as they are at civilians – or even military targets - must be continuously supported.

However, ever since the passing of that convention in 1972, states have continued to produce, research and stockpile such weapons. We have all seen the consequences of a biological weapon that was produced in the 1940s. God knows how much further ahead military scientists have now got in their development of the technology as regards biological weapons. We saw the consequences of mustard gas being used against the Kurdish population in Iraq and the horrendous photographs of young children and adults all suffering from the effects of a gas produced by the so-called allies in the Second World War. This was then sold or given, for whatever purpose, to the Iraqi regime. It was madness that such weapons were not destroyed at end of the Second World War and hopefully, that climate of militarism which slowed the world down in many senses during the Cold War era has ended, where two competing blocs spent a fortune in creating the most destructive possible weapons while people starved around the world.

Hopefully we are moving towards a different climate in the world, but I have my doubts, given what has happened in Iraq and Afghanistan in recent times. The development of such technology occurs in secret and we have to live with the expressed statements of countries such as the United States, Russia, France, Germany and Britain to the effect that they are no longer involved in the production or even research involving such weapons. Time will tell and hopefully we can take them at their word. I am sceptical, however.

Having said that, the effect of this Bill is to ensure that in the future Ireland, at the very least, can say we took steps to ensure we played no hand, act or part in any of the activities relating to this and that we did our best to ensure that this trade and its related production did not happen, not just here in Ireland but beyond our shores. One of the welcome parts of the Bill is that it provides for the ability to prosecute citizens who have been involved in any way with this abhorrent trade.

One concern I have is that the Bill does not expressly prohibit the transfer of biological warfare materials through Irish airspace. This point was highlighted by Deputy Higgins, and given our recent history and the enormous controversy as regards the Government allowing US war planes to refuel at Shannon en route to war theatres in Iraq and Afghanistan, I believe it is a missed opportunity if the legislation is not amended as appropriate, so that we might prevent Ireland being dragged into conflicts involving biological weapons in the future. We should therefore change the legislation to prohibit biological weapons being transported through Irish airspace.

This needs to be coupled with a beefed up inspections regime at Shannon Airport, or any Irish airport used by the US or any other state's military force. Such an inspections regime must also cover suspicious transfers of goods from companies that may be highlighted by the UN or whatever and that may be involved in the production of such weapons. As Deputy Higgins indicated, we had a debate with An Garda Síochána around Shannon Airport. It was not satisfactory and the political policy was effectively not to interfere in case Shannon Airport ended up closing because of the enormous wealth that US troops and their planes mean for the airport. It is a sad day when an airport is dependent on an evil trade in renditions. The Minister at the time with whom we argued, in particular, was former Deputy Michael McDowell, and he was wrong. The Garda, when suspicions arise, must act when supplied with information and not have to wait until the case is proven by a citizen. That is what I and Deputy Higgins were asked to do, as well as many others who had formed suspicions.

I did not have the power to board an aeroplane at Shannon Airport, inspect the cargo and then inform the Garda that I believed this or that was the product on board. That was wrong then, it is wrong now and it means we need to ensure that when a suspicion is formed it is acted upon rather than when the proof is given. That means a message is being sent out to every country to the effect that Irish airspace and Irish airports do not welcome this. In the event of our having such suspicious we must insist on the right to investigate and prosecute accordingly under this legislation.

Questions have not been answered in regard to extraordinary rendition and there are still many questions the Government needs to address in that regard. We may never know the answers but we know that the Guantanamo detention centre to where many unfortunates were transported through Irish airspace is still open. I do not believe that the Government has salved its conscience in regard to Guantanamo Bay. Ireland needs to do a good deal more. I welcome the fact, however, that we have taken some of the detainees who were in Guantanamo Bay and allowed them to resettle in Ireland because of the threatened dangers to them if they returned to their native countries. We should set an example and take a few more, while calling on other countries to do likewise. Ireland should be an example to the rest of the world and show we will not stand for this. In particular, the United States needs to a good deal more and quickly.

The Bill makes the possession of biological weapons or agents a criminal offence, thus implicating any individual, whatever his or her nationality, who is in possession of such materials, for example on a an aeroplane parked at an Irish airport.

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