Dáil debates

Tuesday, 27 November 2007

3:00 pm

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 61: To ask the Minister for Foreign Affairs if Ireland has ever had diplomatic relations with Burma; and if he will make a statement on the matter. [29329/07]

Photo of Ulick BurkeUlick Burke (Galway East, Fine Gael)
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Question 94: To ask the Minister for Foreign Affairs the position of the Government regarding the reported restrictions on journalists and dissidents in Burma; the situation regarding the visit of Mr. Paulo Sérgio Pinheiro, the UN human rights envoy to Burma; and if he will make a statement on the matter. [29390/07]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 111: To ask the Minister for Foreign Affairs the current position in Burma; the initiatives Ireland has taken in order to establish the whereabouts of those detained following the recent demonstrations; the progress made in establishing such meaningful talks as would lead to a transition to democracy; and if the European Union is expected to redraft its sanctions regime in relation to Burma. [30874/07]

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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Question 112: To ask the Minister for Foreign Affairs the recent discussions he has had with his EU counterparts on the situation in Burma; and if he will make a statement on the matter. [29340/07]

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 114: To ask the Minister for Foreign Affairs the reason the UN Security Council will not agree a formal arms embargo on Burma; and if he will make a statement on the matter. [29330/07]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 122: To ask the Minister for Foreign Affairs his views on the refusal by the ruling junta in Burma-Myanmar to co-operate with the UN envoy, Mr. Pinheiro, to facilitate talks between him, Ms Aung San Suu Kyi and the military junta. [30875/07]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 328: To ask the Minister for Foreign Affairs if he will provide an updated report on the situation in Burma; and if he will make a statement on the matter. [31223/07]

4:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 61, 94, 111, 112, 114, 122 and 328 together.

The Government welcomes the second visit by UN special envoy Dr. Ibrahim Gambari to Burma on 3-8 November, and his report to the UN Security Council on 13 November. Dr. Gambari has been able to point to some progress, with the regime's continued co-operation with his mission, particularly its appointment of a liaison minister to meet with Ms Aung San Suu Kyi, and Ms Suu Kyi's own firm commitment to constructively pursue negotiations with the regime. We understand that a role for the UN in later substantive talks has not been ruled out.

Ms Suu Kyi has now had three meetings with the government's liaison minister, which are said to have been productive, and that is welcome. The regime has also allowed Ms Suu Kyi meet with other figures from the National League for Democracy and ethnic groups. However, she remains under house arrest, which is unacceptable, and it is vital that all restrictions on her be lifted to assist her in preparing for talks. Ireland's full commitment to Dr. Gambari's view that the burden is now on the Burmese Government to show it is moving in a positive direction has been made time and again by the Minister and me recently at the ASEAN conference.

The Government welcomes the visit to Burma by the UN special rapporteur on human rights, Mr. Pinheiro, on 11-15 November, after four years of refusals by the regime. The situation there is still unacceptable. While the special representative appears to have had good access to the authorities, we regret that limitations were placed on his meetings with non-government figures and arrests continued during his visit. We urge the Burmese authorities to co-operate fully with Mr. Pinheiro to develop the process.

The EU continues to follow closely developments in Burma. EU Foreign Ministers adopted a further set of conclusions on Burma on 19 November. At last week's ASEAN meeting in Singapore nine EU ministers took the floor to lead with comments on Burma and Ms Suu Kyi. Relevant EU bodies are doing more work to elaborate further restrictive measures, should they be necessary. While EU measures are important, the Government believes wider international measures are also needed. Regrettably, there is insufficient consensus in favour of such action among Security Council members, though we welcome the fact the Council continues to be engaged on the issue.

It has been the Government's consistent position that no steps will be taken to develop diplomatic relations with Burma until Ms Suu Kyi is released. While the issue was examined in 2004, on the basis of promised political and human rights progress by the Burmese authorities, including the release of Ms Suu Kyi, the lack of progress on these issues saw the process quickly stopped. Given the current situation, it would be unimaginable that, even were Ms Suu Kyi released, we would establish relations without significant and sustained improvements on the ground.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Did the special envoy Mr. Gambari meet Ms Suu Kyi?

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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He did.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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The Minister of State said that Ireland initiated contact in 2004 with the Burmese authorities. What was the extent of that contact? Would he now agree that on reflection it was a very unwise decision because it gave legitimacy to a regime that clearly does not have the support of the people and has been involved in many human rights violations and atrocities, particularly in recent months?

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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The point I was making with regard to the latter was that no further activity would be dealt with on the terms of diplomatic relations until there are substantial and sustained improvements on the ground. On whether it was wise to make contact in 2004, the benefit of hindsight is always great. However, the reality is that our ambassador designate went and met Aung San Suu Kyi and caused the Burmese authorities some angst. Last week, I was very pleased to make the same point that this House, if we unite on very few other points, unites on the issue that the behaviour of the Burmese junta has been totally unacceptable.

Did the Deputy ask about sanctions?

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Just——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I call Deputy Higgins and will come back to the Deputy.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It is important to note that the Government's actions in 2004 were opposed. It was pointed out at the time that the assumption that constructive dialogue would change the Burmese junta's actions was unlikely to reach a result.

I wish to ask about the mandate of Mr. Pinheiro which differs from the mandate of Dr. Gambari. Will Mr. Pinheiro's mandate in practical terms be able to ascertain the location of those arrested, particularly those who have left their monasteries and have not returned?

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I believe the latter item is covered. However, whether he will be successful is another issue. As the Deputy has repeatedly and correctly pointed out in the House, we are dealing with extraordinarily obdurate people in the Burmese junta, who care little for the international view of them, whether it is positive or negative. The reality is that in the Security Council and in that region large states adjacent to this country will have a significant role to play in bringing the peace and democracy that the people of Burma so urgently require.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 62: To ask the Minister for Foreign Affairs when the Government will ratify the international conventions prohibiting trafficking in human beings. [30881/07]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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The House will be aware from answers to previous questions, most recently on 23 October 2007, that the struggle against the heinous crime of trafficking in human beings is a matter of grave concern at national, EU and international level.

On 11 October, the Minister for Justice, Equality and Law Reform announced a programme of measures on human trafficking that will lead to Ireland ratifying all relevant international instruments. The Criminal Law (Human Trafficking) Bill 2007 is currently on Committee Stage in Dáil Éireann. The primary purpose of the Bill is to criminalise the trafficking of persons into, through or out of Ireland for the purposes of their sexual or labour exploitation or the removal of their organs. Enactment of the legislation will ensure compliance with the criminal law aspects of the various international instruments.

It is intended that the proposed immigration, residency and protection Bill will provide a framework whereby a victim of trafficking can be afforded an immediate period of recovery and reflection in the State. This is a requirement of the Council of Europe Convention against Trafficking in Human Beings. In addition, the Bill will, in certain circumstances, provide for a further period of residence for victims of trafficking.

As well as the legislation on criminalisation and reflection periods, many other provisions are required under the Council of Europe convention, particularly regarding victim care. These will be implemented administratively rather than legislatively.

The Minister for Justice, Equality and Law Reform is establishing a new high-level group on combating trafficking in human beings. This high-level group will oversee the development and drafting of Ireland's first national action plan to prevent and combat human trafficking. It is envisaged that the national action plan will be developed under four main headings: prevention and awareness raising; prosecution of traffickers; protection of victims; and child trafficking. As stated earlier, all these measures will enable Ireland to ratify all relevant international instruments in the area of human trafficking.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It is clear from the reply that four quite separate categories of action are required to satisfy the international convention. It would shorten the period in which ratification would be possible if the protection and care of the victim were included in the fundamental Act prohibiting trafficking, that is, the one directed at the criminal law. If one must wait for the immigration, residency and protection Bill followed by ministerial order followed by administrative practice, one is talking about a timescale of potential ratification, particularly of the European convention, that is unnecessarily delaying and cumbersome. Would the Minister of State consider making a recommendation to Cabinet and his colleague in the Department of Justice, Equality and Law Reform to facilitate the amendment on Committee Stage of the basic Bill outlawing trafficking so as to achieve an earlier ratification?

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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As the Deputy mentioned the possibility, it struck me that it undoubtedly has some merit. However, I do not know of any technical problem that might arise. I will certainly draw the Minister's attention to the suggestion, which is helpful.

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Does the Minister of State have details of the extent of human trafficking in this country? I concur with my colleague. It is important for us to review the criminal law in order to put in place the protection of the victims of human trafficking, as they have no such protection at the moment.

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I do not have any details. I note the Deputy's point about Deputy Higgins's suggestion.