Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

8. To ask the Minister for Jobs, Enterprise and Innovation the number of the 680 dual-use licences issued in 2014 that were for commercial purposes. [41423/15]

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

The Department of Jobs, Enterprise and Innovation grants export licences to goods that are on the EU common military list. The Minister for Jobs, Enterprise and Innovation has justified several of those licences on the grounds of their dual use - that is, they can be used for military or civilian purposes. What checks does the Department have in place and how does it know the goods are for commercial use? What scrutiny is there of the end use applications? Is he happy that many exports have been sent to Israel, Saudi Arabia and other countries?

Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy notes, my Department issued 680 individual dual-use licences during 2014. Dual-use items are controlled pursuant to Council Regulation (EC) No. 428/2009, which set up a community regime for the control of exports, transfer, brokering and transit of dual-use items. Of these 680 licences, 660 were issued for commercial purposes. Twenty were issued in respect of exports to entities involved in the manufacture, repair or sale of military equipment. Of these 20 licences, eight were issued in respect of entities involved in the manufacture of military equipment; two were issued in respect of components that could potentially be incorporated into military equipment; and the other six were issued for the export of IT equipment. Eight licences were issued to mixed end-users. Mixed end-users are involved in the manufacture of both civilian and military products. Of those eight licences, two were issued in respect of components that could potentially be incorporated into military equipment. The other six licences were issued for the export of IT equipment. Two licences were issued in respect of trade associations for entities involved in the manufacture of military equipment. Both of these licences were issued for the export of IT equipment. Two licences were issued to entities involved in the repair of military equipment. Both of these licences were issued for the export of IT equipment.

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

The difficulty that the Minister of State has not addressed is how his Department knows the products will be put to commercial rather than military use. There are no such questions on the forms; in fact, the Department asks for the form to be filled out in layman's terms to a maximum of 250 characters. It does not address the issue that arose in Britain of front companies setting themselves up as end users of dual-use items. What checking is done by the Department in evaluating the applications? Let us face it - we do not really have top-notch intelligence and we know of examples from Britain of exports to companies in Syria that were clearly front companies, even though the applications seemed worthy.

When exporting to certain countries from Ireland, an end-use certificate is required for dual-use items, which is much more strict than usual. Syria is on the list of these countries, yet Saudi Arabia and Israel are not. How could the Minister of State possibly explain the different criteria? They suggest there is no problem whatsoever in exporting to Israel or Saudi Arabia.

Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To give the Deputy a bit of background, the key consideration in dealing with all export licence applications is to establish whether there are concerns with either the end user or the proposed end use. This process may include consultation with other controlled export authorities both within and outside the EU. Through these consultations, my Department has access to a wide range of information on proposed end users. This consultation process is a fundamental aspect of making a determination on the granting of a licence.

My Department consults with the Department of Foreign Affairs and Trade on all military licence applications and on all sensitive dual-use export licence applications. That Department is able to draw on a wide range of resources when considering an export licence application. When assessing export licence applications, my Department's main focus is on ensuring as far as possible that the item to be exported will be used by the stated end user for the stated end use and will not be used for any illicit purposes.

Council Regulation (EC) No. 428/2009, as I mentioned earlier, sets out the considerations that must be taken into account when deciding whether to grant a dual-use export licence. The regulation provides that we take into account considerations such as any sanctions in force, any foreign policy or security concerns, any concerns about the proposed end use, or a risk of diversion. I can provide the relevant extract from the regulation to the Deputy if she wishes.

Clare Daly (Dublin North, United Left)
Link to this: Individually | In context | Oireachtas source

The problem is the definition of a sensitive application and how we can tell in terms of dual-use goods. To look at one thing on the list, shaped charges can be used to produce warheads but also for quarrying, breaking ice and so on. They are, however, extensively used in missile production - armour-piercing and anti-tank missiles and so on - including in the missile used to shoot down the Russian helicopter that went to collect the pilot when the plane was shot down by the Turkish authorities. How do we know part of that missile did not transit through Ireland? What checks and balances are in place for export licences on the munitions that travel on a regular basis on civilian and military aircraft through Shannon Airport? Is the Minister of State's Department involved in that?

Is it not a problem that countries that we know to be funding ISIS, such as Saudi Arabia, are not on the list for definite scrutiny, while Syria is? We know that huge volumes of exports go there and to Israel, for that matter, a key destabilizer of the Middle East region. The scrutiny the Minister of State says the Department is applying excludes the biggest offenders in the region. That is something that really needs to be looked at.

Damien English (Meath West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

If it is any help to the Deputy, there is also the Council common position, which sets out the eight criteria under which we make those judgments. I will send that on to the Deputy as part of her answer so that she can analyse it and we can have a further debate on it. Our analysis is informed by an EU common ground position. We adhere to all the criteria, which I think would cover all the concerns the Deputy has. I will pass that information on to the Deputy, as there is not time to go through it all now.