David Norris (Independent)

I move:

"That Seanad Éireann welcomes:

(1) the role being played by the Government in international efforts to secure a total prohibition on the production, stockpiling, transfer and use of cluster munitions through its active participation in international initiatives to address the issue comprehensively, in line with its commitments in the programme for Government;

(2) the convening by the Government of a diplomatic conference in Dublin in May 2008 to negotiate a new instrument of international humanitarian law on cluster munitions that cause unacceptable harm to civilians;

(3) the intention of the Government shortly to establish a national committee on international humanitarian law which will have, as its first task, the preparation of comprehensive draft legislation to give effect to the new instrument, thereby enabling its early introduction in the Oireachtas;

and urges the Government —

(4) to support research, publication and awareness raising initiatives on this subject nationally and internationally;

(5) to ensure that the draft legislation provides not just for the prohibition of use, production, stockpiling and transfer of cluster munitions but also to make provision for assistance to victims of cluster munitions, for the clearance of areas contaminated by unexploded cluster munitions and for assistance in the destruction of stockpiles of cluster munitions, among other matters to be agreed in negotiations on the future instrument at the diplomatic conference in Dublin in May;

(6) to increase support for the clearance of land contaminated by land mines, cluster munitions and other unexploded ordnance;

(7) to increase support for education on the risks of land mines, cluster munitions and other unexploded ordnance;

(8) to increase support for rehabilitation of survivors and their socioeconomic integration; and

(9) to ensure that no public funds are invested in any company involved in or associated with the production of cluster munitions."

I welcome the Minister to the House. We all appreciate his efforts in this area, and we know the sincerity with which he makes them. It is particularly heartening that this is an all-party motion, which puts a positive framework on the whole issue. I welcome the extra comments made, to which I will refer later.

I wish to make a very strong protest about the way in which this business has been ordered. I am the originator of this motion, but I was not told about it at the time it was being changed; in fact I was in traffic when I found out about it half an hour ago. I was told that all the Whips agreed, but that is not the case. My Whip did not agree, nor did the Fine Gael Whip. It was just bounced on us. A serious motion that deals with people's lives should not be treated in this fashion. It is a disgrace that this happened and I strongly resent it. I was meeting somebody for lunch and a briefing, but that has now been aborted. However, I am prepared to go ahead with this, because it is such a positive development.

The motion that I have just moved is not the exact motion that went on the Order Paper originally. That motion has been amended in the usual way to welcome the role of the Government and so on. It has got a little bit of a massage and I do not mind that, but I would like to point out that the original motion, in my name and in the name of Deputy Higgins, was passed unanimously in the Joint Committee on Foreign Affairs. It read as follows:

"That the Oireachtas Joint Committee on Foreign Affairs urges the Government:

(1) to play an effective role towards securing a total prohibition on the production, stockpiling, transfer and use of cluster munitions by its active participation in international initiatives to address the issue comprehensively;

(2) to enact a national law prohibiting the production, stockpiling, transfer and use of cluster munitions as we know them;

(3) to support research, publication and awareness raising initiatives on this subject nationally and internationally;

(4) to follow the example that prevailed in June 1996 when Ireland, in anticipation of the text of the mine ban convention, enacted unilaterally a ban on land mines and in this regard that Ireland would now take a similar initiative in anticipation of the discussion of the text of a UN level prohibition;

(5) that such legislation on the part of Ireland be as inclusive as possible in terms of definition of cluster munitions, the addressing of existing stockpiles and all aspects of production, sale, transmission and use;

(6) to increase support for the clearance of contaminated land by land mines, cluster munitions and other unexploded ordinance;

(7) to increase support for mine-risk education;

(8) to increase support for rehabilitation of mine survivors and their socioeconomic integration pending the outlawing of land mines internationally; and

(9) to ensure that no public funds are invested in any company involved in or associated with these inhuman practices.

It is very important that we take this matter seriously and the Minister has shown evidence of doing so. There has been correspondence in the newspapers and I know that the Minister has recently returned from a conference in New Zealand. It is important that all this is incremental, and there will be a conference in Croke Park in May. The Minister answered critics by saying that the Government wants to await the outcome of this conference, in order to put together the most comprehensive ban, which is fine. However, Ms Margaretta D'Arcy raised the fact that the National Pensions Reserve Fund has invested €500 million in five companies that produce cluster bombs. These are Raytheon, General Dynamics and 1-3 Communications from the USA, EADS from the Netherlands and Thales from France. In today's newspaper the Minister said that the question of investment had been raised, and that he has contacted the Minister for Finance and the National Pensions Reserve Fund with a view to ensuring that no public funds are invested in any company involved in, or associated with the production of munitions. That is vitally important. I have often raised the issue of investment in some of these rather sinister companies and the need for an ethical investment provision governing the NPRF.

These cluster bombs are an appalling weapon and they have been used all over the world. It is disgraceful that a group of countries, led by the US, Russia and China, have tried to mitigate the impact of the treaties and have not signed up to them. They have done this because they are manufacturing the bombs. We need to know how these bombs affect people, and an example provides a human face to the issue. This is the testimony of a Serbian woman called Gita Jovic, recalling when a bomb hit the street on which she was standing. She stated:

At first, there was this noise, something I have never heard before. And then it hit me in the leg. And then the other leg, too. I felt severe pain in my right leg, but I did not look at it. I did not know what to do. There were detonations everywhere, cars were getting hit. I managed to cross to the other side of the street and to lie down behind a car. A car nearby was burning. I was in a state of shock, but I was also aware of everything that was happening. My colleagues started coming out of the building, they were running around, looking for the injured. I was yelling, calling them, but they could not see me. I tried to stand up. I was wearing trousers; I tried to pull them up a bit. It was then that I saw what had happened for the first time. I remember thinking clearly — so strange, a bare bone, no muscle tissue at all. It was my right leg. My other leg did not react at all and there were many small bomb fragments in it. I was picked up eventually by a volunteer who collected the dead and the injured in the streets during attacks. He took me to the hospital.

She begged him to throw her out of the window, as she was in such unbearable agony. These bombs are not militarily precise. In the past 72 hours of the war in Lebanon, 1 million of the bombs were dropped by the Israelis and they are often picked up in a particular form by children, long after the military conflict has ended. Therefore, these bombs cause civilian casualties, with children the most vulnerable. In light of the fact that there have been changes, can the Minister guarantee as positive as possible an interpretation of the articles in my original motion, such as article 5? It states that such legislation on the part of Ireland should be as inclusive as possible in terms of the definition of cluster munitions. No cluster munitions should be excluded on the basis of self-destruction. This is not realistic self-destruction. These self-destructive mechanisms often fail. Many of the weapons systems are complicated and sometimes one of 30 things can wrong, and the self-destructive features do not work. For sensor-fused weapons, each cluster bomb is programmed with individual guidance systems to locate the target. The argument is that each bomb will represent a precision strike, but that is rubbish. They seek metal mass or heat sources. They can hit a market or a factory and they can clearly destroy civilians.

The Minister may well have heard the speech of Mr. Branislav Kapetanovic at the conference in New Zealand. He was a victim of a cluster bomb and he said in his speech:

Let me remind you of why we are here today. We are here because more than 90% of casualties caused by cluster munitions are civilians. Thirty countries and territories of the world have a problem with contamination by unexploded sub-munitions. In the course of just one year after the war in Lebanon ended, 45 of my fellow deminers, 45 people who were trained to work with cluster munitions, have become victims of cluster munitions while clearing unexploded sub-munitions. All this tells us that cluster munitions do not discriminate among their victims and there are no cluster bombs that can guarantee anybody's safety.

If professionals are being injured, what chance do ordinary civilians have to get away from these filthy things? The letter concludes with the comment that before 1999 none of Mr. Kapetanovic's compatriots considered it possible that cluster bombs would be used in their country which is, after all, a European state, rather than some remote African colony of which we know little. Cluster munitions, therefore, affect us all.

We should recall the role Ireland played in the past, of which I am proud. It was the skill of Frank Aiken that produced the nuclear non-proliferation treaty and Ireland was among the first three or four countries to sign up to the Oslo declaration. What a pity we were not the first country to do so, particularly as we do not possess cluster munitions or the means to distribute them. This places us in a good position from which we could have led. I wish we had led the world but we can use our moral force now. It is particularly important that the Minister lives up to his undertakings and ensures we do not invest in any companies that produce these devilish weapons which attack human life.

I pay tribute to Austria, which was among the first countries, if not the first country to ban cluster munitions. On 5 December 2007, just a few months ago, at the Vienna conference on cluster munitions, Ms Ursula Plassnik, Austrian Minister for European and International Affairs stated:

I am proud to inform you that the Austrian Parliament will adopt tomorrow a national law that bans the possession, use, production, development and transfer of cluster munitions. Once this law is in force, all types of cluster munitions will be illegal, including so called "intelligent" sensor-fused munitions. We hope that this law will become a trend setter and we stand ready to assist other states in their own legislative efforts.

This is the way forward. I congratulate the Minister and I know his heart is in this issue. He should drive ahead and I wish him well in Croke Park. It is a most important, humane issue, on which we must continue to apply pressure.

We should shame countries such as Russia, China and the United States of America. I ask the Minister to send a letter to the ambassadors of these countries expressing our deep concern that countries which pose as civilised should wish to continue to manufacture these horrible weapons. To return to my protest, I am very angry about the way in which this debate was handled.