Dáil debates
Tuesday, 22 March 2011
Other Questions
International Agreements
3:00 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 21: To ask the Tánaiste and Minister for Foreign Affairs his plans to ratify the optional protocol to the International Covenant on Social and Economic Rights [5318/11]
Eamon Gilmore (Dún Laoghaire, Labour)
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The optional protocol to the International Covenant on Economic, Social and Cultural Rights opened for signature in New York in September 2009. To date some 35 states have signed. A total of nine of the 27 EU member states have signed. Three states have ratified the optional protocol: Ecuador, Mongolia and Spain. The optional protocol will come into force three months after the deposit with the UN Secretary General of the tenth instrument of ratification or accession. My Department has led consultations between Departments on possible signature of the optional protocol, recently circulating an informal paper for the information of Departments and inviting their comments. A formal proposal asking Departments for their views as to possible signature of the optional protocol will be circulated to Departments shortly. Once that process is completed, the question of the possible ratification of the optional protocol will be examined.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I welcome the Tánaiste's comments. Will the Tánaiste give a sense of the timeframe within which we will have a positive outcome? As the Tánaiste has pointed out, some 35 countries have signed up to it, including nine of our European partners. This is a principal international treaty or protocol and it means we can have a moral high ground especially in terms of Third World countries, including some of the countries struggling at present for democratic rights. Ireland and Europe should lead by example on these matters and it is important that we do so immediately. We must consider the issues of the rights of persons with disabilities as well and there is also a convention related to issues of the rights of all migrant workers to be signed in Ireland. What is the position on these?
Eamon Gilmore (Dún Laoghaire, Labour)
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The latter part of the question extends the scope somewhat and it might be better to table questions to the line Minster in respect of migrant workers. The Government will not delay its consideration of the possible ratification of the optional protocol. After it has examined the issue, the Government will take a decision on possible signature.
In Ireland the practice is to pass any necessary legislation prior to ratification rather than afterwards. This makes sense because of our desire to ensure the treaty can come into full effect on ratification. It does not make a great deal of sense to ratify it and then have to pass the legislation. The object of seeking the consideration of Departments is to determine what is required from the point of view of individual Departments with respect to any legislation or regulations that must be made. This is where the process is now. The idea is to put in place the legislation and regulation and, having done that, to proceed then with ratification. It is something which we do not intend to delay.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I note there is no commitment to it in the programme for Government. I accept the assurance of the Tánaiste and I take it as read. As in the case of his assurance in respect of the Palestine matter, will the Tánaiste lead up this issue and fast-track consultation with his fellow Ministers in Cabinet to try to get to the required point as soon as possible? As I have stated repeatedly today, this matter is important. We have an immense track record internationally. We should lead the charge in all of these matters and take the moral high ground in Ireland such that we can take on those throughout the world who are not giving these rights to their citizens.
Eamon Gilmore (Dún Laoghaire, Labour)
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In respect of following up on the matter, to date the Department has circulated an informal paper to other Departments seeking comments and observations on the ratification of the protocol. A formal proposal calling on Departments for their views will be issued shortly. We will follow up on it and ensure we try to get the various ducks in a row such that we can get the protocol ratified.