Ciarán Lynch (Cork South Central, Labour)
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Question 63: To ask the Minister for Foreign Affairs his views on breaches of the European Union code of conduct that have led to the export of arms by member states of the Union to regimes guilty of gross violations of human rights. [30868/07]

Dick Roche (Wicklow, Fianna Fail)
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The EU Code of Conduct on Arms Exports, which dates back to 1998, is a politically binding document which governs the handling by member states of export licence applications for military goods and technology. The code contains eight criteria against which each application must be assessed before a licence can be issued. The EU has established best practice for the interpretation of each of the criteria under the code and member states consult regularly on the application of the code.

In Ireland, the licensing authority is the Department of Enterprise, Trade and Employment, which acts in consultation with the Department of Foreign Affairs and the Department of Justice, Equality and Law Reform.

Under criterion 2 of the code, member states evaluate the current and past record of the country concerned regarding its respect for and observance of all human rights and fundamental freedoms. They are required to exercise special caution and vigilance, on a case-by-case basis and taking account of the nature of the equipment, where a licence is requested to export arms to countries where serious violations of human rights have been established by the competent bodies of the UN, the Council of Europe or the European Union. An export licence must not be issued if there is a clear risk that the proposed export might be used for internal repression. Among the other criteria are internal stability, regional stability and the risk of diversion. It should be borne in mind that the nature of the equipment concerned is relevant in determining whether its export would be in breach of one or more of the criteria.

As implementation of the code of conduct depends on the exercise of judgment by member states regarding the application and interpretation of the criteria in each specific case, there can be differences of view. However, while we would take seriously any allegation of breaches of the code, we are not aware of any major difference of approach among member states in its application.

Separately from the code of conduct, there are specific EU arms embargoes in regard to Burma, China, Sudan, Uzbekistan and Zimbabwe. Following a review of the code of conduct, there is general support within the Council for certain changes to it, most importantly its conversion into a legally binding common position. Ireland strongly supports this approach. However, it has not yet been possible to reach final agreement.

Michael D Higgins (Galway West, Labour)
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Does the Minister of State acknowledge the hypocrisy of moral suasion being regarded as the means for implementing such a code, for example, sticking with the area we were just discussing, German exports to the Burma junta, which are clear to everybody? Equally, for example, having listened to the statement we might regard it as having become a piece of wind, considering that the National Pensions Reserve Fund has invested in companies that produce cluster bombs. I gather from the reply given by the Minister of State that he would favour a legally binding code. Is the Government in favour of an end-use regime, in other words, a system of sanctions built on identifying end use? Second, can he tell us when this code was last examined? Where can I find a published document that looks at the massive breaches of human rights, in several different places, on the part of the German, Italian, French and British Governments? Is it not quite dangerous for one to say one would like all of this to happen, but it will not be implemented? The foreign ministers are aware of many of these breaches. At the next meeting of the General Affairs and External Relations Council, can some of those who were in charge of these major breaches be confronted about what has taken place?

Dick Roche (Wicklow, Fianna Fail)
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I cannot give the Deputy details of when the last review of the code took place. There is a process of keeping the operation of the code under review. I do not disagree that there is something extraordinarily hypocritical about nations arguing about weapons of mass destruction when they are involved in the trade of small arms, which are the biggest weapons of mass destruction on this planet in that they kill more people than any other type of weapon. I firmly believe that a common approach represents the best way forward. I agree with the approach advocated by Deputy Higgins, who said the EU should confront its internal demons in this regard by putting in place a code of which we all can be proud.