Dáil debates

Thursday, 12 February 2009

4:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 8: To ask the Minister for Foreign Affairs when Ireland will ratify the UN Convention against Corruption. [5223/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The United Nations Convention against Corruption was adopted by the United Nations General Assembly at its 58th session in October 2003. Ireland was among the first states to sign the convention when it was opened for signature in December 2003. The convention entered into force two years later on 14 December 2005.

Ireland of course intends to ratify this convention. It is a very broad and comprehensive treaty which seeks to promote integrity, accountability and proper management in public affairs. It provides for internationally recognised measures to prevent and combat corruption. It also seeks to support and facilitate international co-operation and technical assistance in the prevention of, and the fight against, corruption.

Before we become a party to a treaty, it is necessary to ensure that the necessary domestic legislation and administrative arrangements are in place. This is to ensure Ireland can fully comply with all the provisions of the agreement.

The issue of enabling domestic legislation with regard to this convention is the responsibility of the Minister for Justice, Equality and Law Reform. In consultation with the Office of the Attorney General and other Departments, the Department of Justice, Equality and Law Reform has examined the text of the convention and identified the legislation that is required to give effect to its provisions. The Criminal Justice (Mutual Assistance) Act 2008, provides for certain necessary measures. The remaining legislative requirements, concerning bribery of foreign public officials and protection for whistleblowers, will be dealt with in the Prevention of Corruption (Amendment) Bill 2008, which completed its Dáil Second Stage on 30 October 2008 and is due to commence Committee Stage shortly. The Minister for Justice is satisfied that once the Prevention of Corruption (Amendment) Bill is enacted, it will be possible for us to proceed to the ratification of the convention.

I would of course wish to see Ireland ratify this treaty as soon as possible. The timing of our ratification will depend to a large extent on the progress of the Prevention of Corruption (Amendment) Bill 2008 through the Oireachtas.

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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It was a year ago, on 6 February 2008, that I last asked about this issue and I welcome the fact progress is being made. However, in the February 2008 reply, the Minister said there were some legal and administrative issues that arose with his colleague, the Minister for Justice, Equality and Law Reform. Can I take it that, with the passing of the legislation to which the Minister has just referred, we will within the current Dáil session ratify this convention?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I have been assured by the Minister for Justice, Equality and Law Reform and his Department that this is the case.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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Given the current exposure of fraudulent activity in the banking system in this country, it would be timely if Ireland were to ratify this convention. It would assist our international reputation and would be seen as decisive action by the Government, as well as sending out the correct signal in terms of domestic public confidence here in Ireland. Will the Minister clarify whether there is any delay or reluctance on the part of the Government in case some of its friends in the banking sector might become exposed on ratification of the treaty?

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The latter point is a rather silly one to make. It is a matter for the Oireachtas. I take the Deputy's points——

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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It is not a silly point. We are all hearing about the golden circle.

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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It is not silly any longer.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Bill is on Committee Stage in the Oireachtas and is a matter for the Houses. If it is that urgent, the Deputy can also play a role.

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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The Minister is in Government, not me.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Bill is on Committee Stage in the Oireachtas.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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I welcome the Minister's response in regard to the UN Convention against Corruption. I encourage the Minister to move on to Committee Stage.

Does the Minister accept that corruption is a very serious issue both nationally and internationally? As we have seen in recent weeks, corruption causes major problems in our banking institutions but also, in other countries, it leads to bribery in the arms industry, as I mentioned earlier, which is a major issue that leads to deaths, conflicts and worse. This is not just a windy convention but a very important one.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I agree 100% with that point. The other point I would make is that when one is ratifying a convention, it should be done properly. Any country that is ratifying should make sure it is dotting its i's and crossing its t's, and that there is an exhaustive examination of what the convention entails and its application to various legislative requirements, to ensure one is actually ratifying it sincerely as opposed to just declaring oneself to be ratifying something. This is the approach we have taken. It has taken a bit longer than I would have liked but we are getting to the end position. It will be an effective and important additional legislative measure to combat corruption, particularly in the international context, as the Deputy has outlined.