John Brady (Wicklow, Sinn Fein)
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1. To ask the Minister for Foreign Affairs and Trade his plans to review the existing human rights and business plan 2017-2020. [38304/20]

John Brady (Wicklow, Sinn Fein)
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As many families across the country and thousands of young children are preparing to watch "The Late Late Toy Show" tomorrow, the big question on their minds is whether Covid restrictions will be lifted sufficiently to allow Santa Claus visit at Christmas. A representative from the North Pole has been in touch with me also to ask whether clearance will be given for Santa Claus to enter our airspace. This is an important question. It is not the one that I tabled, but it is playing on the minds of hundreds of thousands of children across the country.

I also ask the Minister what plans the Government has to review the existing business and human rights plan, which applied from 2017 to 2020.

Simon Coveney (Cork South Central, Fine Gael)
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We have been working on the Santa Claus issue for a number of weeks. It is important to point out to all children in the country that we regard the travels of Santa Claus as essential travel for essential purposes, so he is exempt from the need to self-quarantine for 14 days and should be able to come in and out of Irish airspace and homes without having to restrict his movements. However, children should not stay up at night because he needs to socially distance. People need to keep at least 2 m away at all stages to ensure they keep him and children safe. He is exempt and he is coming. He has confirmed that and appreciates the fact that Ireland has ensured that in a very different Christmas in 2020 the visit of Santa Claus will remain consistent.

On the less important issues, in November 2017, my Department launched the inaugural national plan on business and human rights, to begin the process of implementing the UN guiding principles on business and human rights. The plan is a whole-of-Government initiative. It aims to promote responsible business practices at home and overseas by all Irish business enterprises, in line with Ireland’s commitment to the promotion and protection of human rights globally. The plan is directed at Government and State agencies, Irish companies operating at home and overseas and multinational enterprises operating in Ireland. The Department has established an independently chaired business and human rights implementation group to oversee implementation of the national plan. The group was convened in December 2018 and given a three-year mandate, expiring in December 2021. Its first meeting took place in January 2019. Membership consists of representatives from civil society, academia, the business community and Government Departments and agencies.

The programme for Government commits to a review of the implementation of the national plan. My officials are currently examining the options for giving effect to this commitment, having regard to the structural changes to my Department upon the formation of the new Government. Although the implementation group is mandated to meet twice per year, it will convene four meetings in 2020. It should also be noted that the UN working group on business and human rights is currently reviewing implementation of the UN guiding principles in UN member states, with a view to charting a course for the next decade of action.

John Brady (Wicklow, Sinn Fein)
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I thank the Minister for the reassurance he has given to thousands of children. Realistically, they knew in their hearts that nothing would stop Santa Claus, but that reassurance is very much appreciated.

Returning to business and human rights, there is a commitment in the programme for Government to review the existing plan, which is very important. The review will also look at the mandatory due diligence. I believe it has gone beyond the point of having a look at that. It is the accepted norm in many progressive countries that mandatory due diligence is an essential component of any plan. What will the Government do in respect of mandatory due diligence? Will the Minister also consider introducing legislation in that regard?

Simon Coveney (Cork South Central, Fine Gael)
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I have been asked questions on this issue a number of times previously and I have said we have an open mind on it. This is more than a conversation across the EU as it is something on which the European Commission is also giving leadership. While corporate governance in a domestic context falls outside the remit of my Department, the European Commissioner for Justice has announced he will bring forward a new initiative next year in the area of sustainable corporate governance. A public consultation is now under way in which the EU is asking stakeholders how it can best help businesses embed environmental and social interests, including human rights, in their business strategies. I welcome this initiative and Ireland will be co-operating fully with it.

John Brady (Wicklow, Sinn Fein)
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The Minister says Ireland will co-operate fully with it, but concern has been expressed about Ireland's position even in terms of the UN treaty on business and human rights. The Government has failed to offer public support as an individual nation. Ireland has an opportunity to lead on this front and we cannot afford to wait on the EU to make up its mind on the position relating to the treaty. Ireland can and must act of its own accord. I encourage the Minister to speak to the EU on the treaty and pledge full support to that treaty.

Simon Coveney (Cork South Central, Fine Gael)
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Ireland remains open to looking at options for progress on a legally binding treaty. The sixth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises took place from 26 to 30 October last. The European Union delivered a statement and separately raised specific concerns relating to the draft text on behalf of Ireland and other member states. The EU statement welcomed some of the changes to the latest draft of the legally binding instrument, highlighted further necessary changes and outlined the many measures under way in the EU and across member states to give greater protection to human rights in the context of business activities.

In simple terms, the question raised by the Deputy is under active consideration.

We need to know the consequences of the decision that we make. We also need to make sure that it is capable of being implemented. We also need to try to ensure consistency across the European Union for all sorts of reasons, not least membership of the Single Market.