Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis na Teachtaí a ghlac páirt sa diospóireacht seo. We all share Deputy O'Reilly's concerns that military equipment should not be exported by EU companies to third countries that can contribute to the conflicts she referred to. I welcome her acknowledgement of effective export controls in that context. We agree with the Deputy, and Deputies Ó Murchú and Connolly, that we should protect SMEs and that they need to be given resources and assistance. We will do that in respect of obligations under this Bill.

On Deputy Ó Murchú's point regarding the occupied territories and imposing unilateral controls on named regions, this Bill relates only to the export of dual-use and military items. Trade policy, and this also touches on some of the points Deputy Boyd Barrett and an Teachta Connolly made, which includes export controls, is a new competence. It is encompassed by the EU common commercial policy. That is why we do not implement unilateral trade restrictions, as we discussed. I will come back to some of the other points raised in that regard later. Deputy Ó Murchú also raised an issue relating to PayPal that is slightly adjacent to the Bill. I have asked him to provide details on the matter to me.

Deputy Boyd Barrett referred to sanctions, as did Deputies O'Reilly and Connolly. Sanction-related matters fall outside the scope of this Bill, which relates only to the export of dual-use and military items. Under the EU sanctions of February 2020, export of all dual-use items to Russia is prohibited.

Deputy Bruton raised the matter of how we assess applications. Both dual-use regulations and the common position are set out along very strict criteria that my officials will consider when they assess applications. Those criteria are laid out in the legislation and we will be happy to discuss them further on Committee Stage. In assessing an application for a licence, the Department will consult, as appropriate, with other Departments, including the Department of Foreign Affairs, An Garda Síochána, the Defence Forces and security services and competent authorities in other EU states. It will be done on a case-by-case basis so that circumstances that change and evolve can be taken into consideration.

Deputy Catherine Murphy asked where liability rests, particularly for those products that are exported. The responsibility for individual exports rests with each exporter, and the mechanisms apply across each EU member state. Deputies Murphy and Connolly both asked about academia and research. These areas are covered under the controls, and are subject to the same rules, as outlined in the Bill. Provisions are in place, including direct provisions under the regulations and the controls outlined in the Bill. Knowledge is covered, as are intellectual controls. The Deputy also raised a point regarding people getting around sanctions. The EU also prohibited the export of dual-use items, including the semi-conductors the Deputy referenced, to Russia in February 2022. Our Department makes every effort to establish the ultimate end user of exported items to mitigate the risk of diversion. The EU is very aware of Russian efforts to circumvent sanctions through going to third parties, as outlined by the Deputy. While it is outside the scope of this Bill, I can inform the House that the eleventh list of EU sanctions, which I understand will be imminent over the next fortnight, will particularly target circumvention.

Deputy Jim O'Callaghan spoke about the export of dual-use items from Northern Ireland. That is addressed through the Northern Ireland protocol in the context of the Brexit agreement. The Deputy also mentioned that legitimate exporters are protected by this Bill and have nothing to fear.

On Deputy Boyd Barrett's points, as I said, matters of defence and neutrality are a national competence. Trade policy is an EU competence. The issue he raised in respect of the email he received concerns me. I ask him to bring it to the attention of my colleague, Deputy Chambers, as he is the Minister of State at the Department of Transport and has responsibility for international aviation. I will tell him to expect to receive an email from the Deputy's office.

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