Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 11: To ask the Minister for Justice, Equality and Law Reform the Government's plans with regard to the United Nations Convention against Corruption as to its ratification; the proposals for its implementation; and if he will make a statement on the matter. [27213/05]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

The ad hoc committee for the negotiation of a UN Convention against Corruption met at regular intervals at the UN in Vienna from January 2002 to October 2003. The convention opened for signature in Mexico on 9 December 2003 and was signed by Ireland on that date.

In April 2005 a transmission was received by from the European Commission which declared regarding the UN Convention against Corruption:

The Commission notes that this convention partially falls under the exclusive competence of the Community. For this reason, the Commission recalls that member states must not ratify the convention before the EC has done so, or has explicitly authorised them to do so, in accordance with the provisions of Article 300 EC.

The Community signed the convention on 15 September 2005 and the convention will enter into force on 14 December 2005. A conference of state parties will take place in November 2006.

In the meantime, officials in my Department have been examining the convention with a view to identifying the necessary legislation which will be required to allow Ireland to ratify it. This examination is being conducted through consultation with the Office of the Attorney General. It is envisaged that this exercise will be completed in the near future and, subject to Government approval, that drafting of the necessary legislation will begin thereafter.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

When will the Minister be going to Cabinet with a proposal for ratification? Is he aware that France and Hungary have already ratified the convention and that part of the ratification process is the preparation of domestic legislation? Where is the domestic legislation which is an obligation under the convention? Have the heads of that legislation been approved? When will they be going to Cabinet and when will Ireland be in a position to ratify the convention? Is he not concerned that of the 33 ratifications that have taken place, only two European Union states have done so?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I share the Deputy's concern that we should ratify the convention as soon as possible, but there is a technical difference between Ireland and many of the civil law states. Such states are able to ratify international treaties, which, ipso facto, become part of their domestic law. We have a slightly different situation in Ireland as no international agreement forms part of our law unless it is implemented by domestic legislation. By definition, we are always a little bit behind some of the civil law countries in addressing these issues.

The Deputy correctly points out that only two European countries have ratified the convention at this stage. We are currently looking at this convention and deciding which measures are already provided for in Irish law, which measures must be implemented for the first time in Irish law, as well as the measures which must be re-stated in a manner required by the convention. An international legal framework against corruption is necessary in this day and age. Sometimes, the First World to which we belong operates dual standards. Large economic forces are at play in which corruption is not adequately stamped out or curtailed. The sooner we do this, the better.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

We signed the convention in December 2003 and it becomes an instrument, with the completion of the 90 day period following the 30 ratifications required, on 14 December 2005. Is the Minister in a position to state that he will have brought proposals before Cabinet for such adjustments to domestic legislation before that implementation date?

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I will not have the legislation out by then. If the analysis stage is complete, I may well be in a position to draft a memorandum for Government. To be honest, it will be sometime in 2006 before the text of the ratifying legislation is made public in Ireland.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

I am sure the Minister agrees that the obligation to notify the arrival of stolen or hot money, as well as other obligations in the convention, may be complied with in anticipation of the adjusted legislation.

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Many aspects of the convention do not require law as they can be carried out on a voluntary basis. There is very little that we cannot do in the spirit of the convention, in advance of its implementation.