Seanad debates

Thursday, 22 February 2007

Control of Exports Bill 2007: Second Stage

 

1:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

I congratulate the Minister of State on his contribution. I particularly liked his strong commitment to arms control and global disarmament. There is little doubt a great deal of committed and sincere thought went into the drafting of the Minister of State's speech.

Senator Leyden referred to the work done by the late Diana, Princess of Wales. I would like to think that we might be proactive rather than just being reactive. Rather than stopping the trade in arms, perhaps there is something more we can do. In that regard, I wish to comment on work relating to genetically modified organisms. One such organism that was developed some time ago impressed me no end. I refer to a particular type of grass seed which, as it grows, changes colour when it comes into contact with metal. The concept is that a plane can fly over an area where it is suspected mines have been laid and drop this genetically modified grass seed, which grows quickly. Where it comes into contact with metal, it will change colour and indicate possible sites where mines have been planted. This marvellous invention is a reminder that we should not just turn our backs on everything to do with genetically modified products because there have been some very healthy and life-saving developments in that area. I raise this matter because there is a danger that in concentrating our efforts on disarmament, we might be reactive rather than proactive.

I am generally in favour of the Bill, although I have some practical reservations about it. In some respects, I do not believe it goes far enough. The overall driving purpose behind the Bill is to prevent this country being used as a location for arms brokerage. That is an objective to which I have no problem in fully subscribing. However, it is in this respect that I believe the Bill does not go far enough.

Ireland should, as a matter of policy, set its face against having anything whatever to do with the production or sale of any product the main function of which is military. Some people would argue this flows from our stance on military neutrality but I do not take that position. Our neutral stance does not prevent us from having an army or from taking part in international peacekeeping missions, both of which require the use of military equipment. I do not, therefore, see how being militarily neutral can allow us to use military equipment but not be involved in producing it.

I would argue against Ireland being involved in any way in the production or sale of military equipment because of the moral standing that would be conferred upon it if it were to adopt such a position. If we have a stake, however small, in the production of military equipment, it will inevitably compromise our independence when we argue for the peaceful resolution of disputes — be they internal to one country or between different states — across the globe. By completely turning our backs on this industry, we would be able to claim a position on the moral high ground. Such a position would be totally consistent with the thrust of our foreign policy generally.

Up to now we have resisted taking such a position because of the possible impact it might have had on job creation. For many years, our attitude was that we were prepared to do anything, so long as it created jobs. That position was understandable when we had a serious unemployment problem and when there was a possible definite cost attached to adopting a principle of renouncing any involvement in the arms industry. However, we have moved on from the days when creating jobs was the be-all and end-all of everything. Now, we can afford to pick and choose the activities in which we should get involved. We should renounce any involvement with arms production.

I appeal to the Minister to consider, between now and Committee Stage, how to broaden the remit of this Bill in order that the regulations made under it might apply not just to the narrow issue of arms brokering but also to controlling activity in regard to the production or sale of military equipment. Making such a change would not commit this Minister or any future Minister to applying such controls, but at least it would provide the legislative framework for doing so at any time.

I have another reservation about the Bill, this time a matter of detail. Section 3(2) deals with the scope of the brokerage activities covered by the Bill. It applies to any such activities that take place in the State, which is obvious and not contentious. However, paragraph (b) of the subsection extends the activities covered to ones carried on outside the State but by an individual who is an Irish citizen or by a company registered in the State. I have no problem with the provision relating to companies but there are some questions about the provision relating to Irish citizens.

Many Irish citizens leave this country and are not seen again for the rest of their lives, even though they continue to be Irish citizens and hold Irish passports. My bemusement arises from wondering just how the State could control brokerage activities which are carried on by a person who has not set foot in this country for perhaps 20 or 30 years. How, precisely, could such a provision be enforced? If it cannot be implemented, it is bad practice to legislate for it.

On the other hand, this section makes no effort to capture brokerage activities carried on outside the State by someone who is a resident here, but is not a citizen. We have a possible control on such activities because of the person's residence, but under the Bill, as long as the activities are carried on outside the State, they will escape. The section, therefore, on the one hand purports to control activities by citizens who may not have had a connection with Ireland for many years, while it ignores activities carried out by residents here simply because they are not citizens. These anomalies could be resolved by simply substituting "resident" for "citizen" in section 3(2)(b)(i). The Minister should table an amendment on Committee Stage to that effect. It is worthy of consideration. If he cannot do so, I will introduce such an amendment.

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