Peadar Tóibín (Meath West, Sinn Fein)
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9. To ask the Minister for Jobs, Enterprise and Innovation the progress on ratification of the European Union’s trade agreement with Colombia; and if he will make a statement on the matter. [23802/14]

Peadar Tóibín (Meath West, Sinn Fein)
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Colombia has had 60 years of conflict, at the heart of which has been the question of land and land grab. According to Karol Balfe of Christian Aid Ireland, Colombia has more internally displaced people than anywhere else on Earth, with an estimated 4.9 million to 5.5 million people displaced. The European Union is seeking the ratification of a trade agreement with Colombia and it is leaving it to the Government to ratify it. I call on the Minister not to ratify it and to ensure there is debate on the floor of the House about the ratification.

Richard Bruton (Dublin North Central, Fine Gael)
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The free trade agreement between the European Union and its member states on the one part and the Republic of Colombia and the Republic of Peru on the other is an agreement within the meaning of Article 29.5.2° of the Constitution. Ratification by Ireland is therefore subject to prior approval of the Dáil. It is my intention to seek the necessary approval of Dáil Éireann during the course of this year.

While I am aware of the potential economic benefits of this agreement for Colombia and Peru, I am also aware there is a debate as to the value of these agreements to support and enhance human rights, labour rights, environmental protection and more broadly the sustainable development of these countries. I want to mention a few important points, especially in the context of Colombia.

Sustainable development and concerns for social and human rights are at the heart of the sustainability chapter of the agreement with Colombia. This is emphasised by the fact that, from the outset, article 1 of the agreement has stipulated that respect for democratic principles, fundamental human rights and the rule of law is an essential element of the agreement. During its negotiation, Ireland, including officials from the Department, strongly promoted the inclusion of provisions to reflect this essential element. The inclusion of a sustainable development chapter provides the EU with an important means to contribute to supporting positive social reforms and to the greater protection of human rights in Colombia. Furthermore, the establishment of a special committee, with representatives from Colombian civil society, to monitor implementation of the sustainability provisions demonstrates how the EU can develop real leverage for promoting its values and expectations through this agreement.

The elaboration by Colombia and Peru in October 2012 of roadmaps on human rights, labour rights and environmental protection clearly demonstrates how the agreement can incentivise an agenda for change. Against this background, I believe the agreement with Colombia will be instrumental in encouraging economic and social progress reinforced by arrangements that strengthen the voice and role of civil society in favour of the progressive development of human and labour rights. This is also recognised by the European Parliament, which last year voted to approve the agreement.

Peadar Tóibín (Meath West, Sinn Fein)
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A total of 70,000 civilians have been killed in Colombia over 20 years and there are widespread systematic human rights violations. These are directly linked to the extremely unequal distribution of land, power and wealth. The Minister has a major opportunity to carry out very important leverage by not ratifying this trade agreement. The European Parliament previously refused to ratify the agreement and called for a binding roadmap on human rights, environmental rights and labour rights. Colombia is the most dangerous place in the world to be a trade unionist and hundreds are killed every decade. According to a number of human rights organisations, Colombia is not delivering with regard to a binding roadmap on human rights. There is no independent monitoring committee for which the European Parliament called. The EU strategic framework and action plans on rights and democracy called for European rights impact assessments to be carried out prior to trade agreements. All these organisations state the trade agreement is not strong enough to enforce the necessary improvements in human rights. Either we strengthen it or, if we cannot do so, we desist from ratification.

Richard Bruton (Dublin North Central, Fine Gael)
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My belief, which is shared by other European Union governments and the European Parliament, is that leverage will be achieved by operating this agreement to deliver the changes rather than refusing to ratify the agreement and sitting on our hands. The agreement provides respect for democratic principles and human rights as I outlined. It also includes public participation in these matters. A meeting between the EU and civil society took place earlier this year to open dialogue with citizens and other NGOs to examine how the sustainable development provisions are being implemented. This was the first open meeting of the sub-committee on trade and sustainable development established under article 15 of the agreement. The sub-committee will report back on progress and this provides a tool with regard to whether the agreement progresses.

Peadar Tóibín (Meath West, Sinn Fein)
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In 2012, the European Parliament called for the inclusion of a comprehensive human rights chapter in addition to the social and environmental chapters in all future trade agreements. There is no such chapter in this trade agreement. In 2013, there was an increase in social protests, which led to a peak in violence, as a result of the opposition by the people of Colombia to the trade agreement. Security forces in Colombia used excessive force during the protest by the people against this specific trade agreement, and 70 protesters, including community leaders, were killed. To state the trade agreement is a vehicle for positive change is nonsense. I commend the work of Christian Aid, Trócaire, the Latin America Solidarity Centre, ICTU, Justice for Colombia and all the other groups working to try to get the EU to desist from this. While the Chamber must ratify the agreement, Members should at least be given the ability and right to debate it before ratification. It will all sound very well when we pass a vote, but usually people come in here and do not know what they are voting for. We should be given an opportunity to debate this and the Teachtaí Dála who vote on it should educate themselves on the ramifications of its ratification.

Richard Bruton (Dublin North Central, Fine Gael)
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The trade agreement between the EU and Colombia contains robust human rights provisions which permit unilateral and immediate suspension in the case of grave human rights violations. Ireland and the European Parliament played a significant role in encouraging strong measures in this regard. The agreement includes a number of binding commitments to implement core labour and environmental conventions. Human rights provisions have been elaborated further in roadmaps dealing with human, labour and environmental rights provided by Peru and Colombia at the request of the European Parliament. We have included these provisions, established oversight committees and we have committees engaging with civil society. We also have the right to withdraw if this does not leverage the type of change Europe seeks to achieve. This agreement provides commitments to deliver and leverage in the event it does not. The alternative outlined by the Deputy of not ratifying it and blocking all interaction does not offer the prospect for which he hopes.

Peadar Tóibín (Meath West, Sinn Fein)
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Can we debate it in the Chamber?

Seán Sherlock (Cork East, Labour)
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Use Private Members' time to do so.

Peadar Tóibín (Meath West, Sinn Fein)
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Will the Minister offer time?

Seán Sherlock (Cork East, Labour)
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I doubt Sinn Féin will use Private Members' time.

Peadar Tóibín (Meath West, Sinn Fein)
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We will ask the committee to raise the matter.