Dáil debates

Thursday, 9 March 2017

Universal Jurisdiction of Human Rights Bill 2015: Second Stage [Private Members]

 

7:15 pm

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

I thank the Minister of State and everyone who spoke. First, I am very keen to find out if the Government would consider amending the Bill. I was the first to acknowledge that it was far from perfect. It was produced a couple of years ago with the help of a guy called Nick. We have a lot to learn about how to construct a Bill. It would be good if the Government actually sought to amend the Bill to make it fit for purpose.

In response to Deputy Jim O'Callaghan's point, on which the Minister of State also picked up, about the dangers of holding trials in absentia, that is not one of the intentions of the Bill. If there was such a possibility, it could be addressed in the Bill. We want to create a situation where civil society groups or a civilian would be able to bring evidence to the Director of Public Prosecutions to enable them to assess its worthiness to see if there was a genuine case to answer. If the Director of Public Prosecutions was to so find, a warrant could then be issued for the arrest of the person concerned. An Garda Síochána would be obliged to arrest him or her if he or she was ever to arrive here. There would be a trial, at which he or she would be present. He or she would not be tried in absentia. The case would be looked at in absentia, but the person concerned would not be tried in absentia. If there is a weakness in the Bill in that regard, I would be very happy to have it addressed.

International law is very vague. Truth be told, we do not really have international law. It is not as strong as it should be. No war is pleasant. Wars are horrific and the Second World War was particularly horrific in terms of the number of people who suffered. In particular, what was done to the Jewish people was horrendous. There was a feeling at the time that it should never be allowed to happen again. Sadly, that feeling has not held. The plan was that international law would be established in such a way that countries would not be allowed to cause such terrible havoc again. Unfortunately, I can safely say there has never been a time when as many bombs have been dropped in the world. In the years since 2001 we have seen the greatest militarisation in the history of the planet.

8 o’clock

It has led to untold destruction. As we know, over 60 million people are displaced today, mostly because of war. The number is growing. The world has become a less safe place. I would love to believe that Ireland could play a good role in this. I admit that many of the rules and regulations in our Bill are in place already. However, we all admit that we do not actually apply them. It would send out the right signal if Ireland were to enshrine a universal jurisdiction for human rights. It can be made to fit the Constitution. I would be happy to see the Government address the problems it sees in the Bill.

I do not intend to get into a debate about it. We have had the argument about neutrality many times. Obviously, we have a different take to the Government on the matter. If, however, we wish to promote peace, the first thing we have to say is that we should not allow military aircraft, troops or arms through the island of Ireland in any form. That is really important. We should put an end to that. That, in itself, would be a wonderful signal of Ireland's intentions.

There is no doubt but that Ireland has amazing potential. I do not believe we are neutral now. We were at one time but we have lost our neutrality. However, we can regain it — I am not without hope — and we can play a strong role in international affairs as a neutral country. We can argue for a more peaceful outcome to disputes.

Is it not horrendous to think that in 2015, the then US President, Mr. Barack Obama, signed off on special operation forces to kill people in 135 countries? That is horrific. In 2016, the US dropped more than 26,000 bombs. The Russians have done some terrible things. The Chinese have done terrible things. Mr. Assad has done some terrible things in Syria. The Israelis are doing some terrible things, as are the Saudis. There are so many countries involved. Terrible things are happening in the world today. It would be wonderful if Ireland took a different position and said that under no circumstances would we support anyone carrying out any of these atrocities. We could say we are prepared to hold to account people who carry out atrocities.

The Acts of 2000 and 2006 only dealt with atrocities committed after the relevant dates. Deputy Clare Daly referred to the things Henry Kissinger did. If he came here and we simply ignored the fact that he was responsible for thousands of deaths, it would be horrific. We should be able to hold someone like that to account. Other countries are doing it and there are countries to which Kissinger can no longer go. Why can we not do that?

The sad reality is we are saying that money and power are greater and more significant to us than human rights, justice and peace. We need to think about that. We need to take a different approach. That is not what the people want. The people want to be neutral. They do not believe we should play a role in helping to promote war. However, we are doing that at present by allowing Shannon to be used and by staying silent about many of the atrocities in the world. We condemn some but not others. We should condemn everyone who commits atrocities regardless of what side they are on. We should bring ourselves to a place where people will know that someone who commits a war crime or a crime against humanity and who comes to Ireland may then be held accountable for it. That would be a great day.

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