Dermot Ahern (Louth, Fianna Fail)

I was somewhat bemused by the Senator's remarks in that respect. In any event, I was pleased to be asked to consider an all-party motion, on the basis of which all of us should unite to condemn a horrible practice by other states. I value the commitment of the Seanad and all parties to combating the scourge of these weapons. I welcome support for the role the Government has played in international efforts to secure a total prohibition on the production, stockpiling, transfer and use of cluster munitions, in particular, through our lead role in the upcoming diplomatic conference in Dublin, which is expected to complete negotiations on the first ever instrument of international humanitarian law specifically directed against cluster munitions.

Several times during moves by a number of nations to address this issue, I offered to host the conference on cluster munitions in Dublin, even though, from a logistical point of view, it was clear that it would be difficult to host an event lasting for approximately two weeks and attended by delegates from every part of the world. While the conference will bring substantial business to the city, it is also a significant operation and questions were asked as to whether the Department had sufficient logistical means to organise it. I am pleased we are hosting the event and hope it will be very successful.

I appreciate the support for the Government's plan to establish a national committee on international humanitarian law which will have, as its first task, the preparation of comprehensive draft legislation on the cluster munitions issue. I have read commentary in the newspapers arguing that the Government should proceed with the legislation. However, I have received strong advice that we should wait until the conference produces what I hope will be a positive resolution before framing legislation. I understand some important non-governmental organisations have indicated we should wait until after the conference in May before introducing legislation. I do not want to proceed with legislation before May in case we find that, as a result of the May conference, we will have to return to the drawing board and change the legislation. I want to get it right at the first attempt. Waiting for a few months until the issue is considered fully at the Croke Park conference is the correct way to proceed.

The Programme for Government 2007-2012 makes a commitment to "campaign for a complete ban on the use of cluster munitions." It adds that in "the absence of a full ban we will seek agreement on an immediate freeze on the use of cluster munitions pending the establishment of effective international instruments to address humanitarian concerns regarding their use." My party's pre-election manifesto included a similar commitment. I am pleased to inform the Seanad that Ireland has played an important role in international efforts to this end through its participation in the UN Convention on Certain Conventional Weapons and, more significantly, through active engagement and leadership in the Oslo process. The Dublin diplomatic conference on cluster munitions, which the Government will host in Croke Park in May 2008, will be the critical stage in the process. While difficult issues remain, I am confident that it will be possible to finalise a treaty at the conference.

My officials obviously offer a view on the likely success of the conference. We need a strong resolution and commitment from member states. I agree with Senator Norris that certain nations should be named and shamed for using cluster munitions. I have been reasonably vocal in that respect and will maintain that position.

For several years, Ireland has been expressing its concerns at the unacceptable consequences of the use of cluster munitions in the UN context. Two main issues arise. First, the use of cluster munitions can be indiscriminate at the time of use, thus harming civilians who are within range. In practice this is usually the case. Second, the high failure rate of sub-munitions at the time of impact creates an enduring hazard of unexploded ordnance, causing casualties long after the cessation of hostilities and making much land unusable. At present, international humanitarian law does not adequately address these concerns. The lethal consequences of these weapons were most recently apparent in southern Lebanon but have also affected south-east Asia, the Balkans and other theatres of war.

In light of the absence of progress in Geneva and inspired by the process which led to the conclusion of the Ottawa Convention on Anti-Personnel Mines ten years ago, Norway convened a meeting in Oslo in February 2007 of countries ready to explore ways to address the issue of cluster munitions in a determined and effective manner. Forty-six states present adopted the Oslo declaration which committed them to conclude by 2008 a legally binding international instrument that will "prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians.'' They also committed to co-operation and assistance for survivors and affected communities, clearance of affected areas and destruction of stockpiles.

Ireland is one of seven states driving the Oslo process. The others are Norway, Austria, New Zealand, Mexico, Peru and the Holy See. We have participated actively in a series of conferences in Oslo, Lima, Vienna and Wellington to identify the issues, clarify positions and formulate a draft treaty. Political momentum has grown significantly. When I became actively involved in this issue I was told that Ireland might be on its own and I said I do not mind if we are on our own. I believe it was the right thing to do. There were only a few countries involved at the start of the campaign on landmines and now most of the countries in the world have signed up to the anti-landmine treaty.

At the most recent conference in Wellington two weeks ago, more than 80 states immediately endorsed the Wellington Declaration, which lays the foundation for the Dublin Diplomatic Conference. Many more states are expected to indicate their support in the coming months and to participate in the negotiations in Dublin.

Significant differences remain to be resolved on key issues such as definitions, any possible period of transition to a ban and future military co-operation, including in United Nations mandated missions, with states not party to the convention. There is also reason to believe that these can be resolved and prospective solutions for many less contentious issues have already emerged in the course of the earlier meetings in the process.

I am confident we are on track for the adoption of a comprehensive and effective convention that will get on board users, producers and cluster munitions affected states. It is also our aim to establish a new norm of international humanitarian law which will influence the behaviour of every state engaging in conflict, regardless of whether it has ratified the convention. This has been the experience of the Ottawa Convention in stigmatising the use of landmines, even by states not party to it, and we believe that experience can be emulated.

I assure the Seanad that the Government is fully seized of the other issues in the motion under discussion. As I have stated, the key aim of the new treaty will be to prohibit the unacceptable humanitarian harm caused by cluster munitions. However, we must also look to the past impact and the damage inflicted on societies and individuals by these horrendous weapons. I have seen the terrible risk posed to civilian populations by unexploded cluster munitions in Lebanon, which I visited the year before last. That visit was probably instrumental in me taking up the cudgel here in respect of these issues because I saw for myself the effects on the ground. I spoke with the Irish military personnel working on the ground with the Finns to de-mine particular areas and saw the different types of cluster munitions. For whatever reason they appear to be manufactured in a way that they look like toys in some instances. I discussed the issue with the military personnel there and when I came home I discussed it again with some of the military personnel here. It is clear these munitions are used in circumstances, as Senator Norris said, where armies are leaving a particular territory and making that territory unusable for many years to come and putting civilian lives at risk.

The draft convention contains strong provisions for humanitarian assistance for victims, the clearance of areas contaminated by unexploded cluster munitions, assistance in the destruction of stockpiles of weapons and risk education. I am hopeful that the treaty which emerges from the negotiations will be the most comprehensive of its kind in addressing those needs.

It seems certain that legislation will be required to enable Ireland ratify the convention when it is agreed. While Ireland has never possessed cluster munitions and is therefore not in the situation of a number of states which have adopted national prohibitions, it is the Government's intention to propose that this legislation should enact a domestic ban. To ensure that our legislation is of the highest possible quality, the Government has therefore agreed to establish a new national committee on humanitarian law, whose first task will be to begin consideration of the measures necessary to give effect to the future convention. We believe this is a better way to go than bringing in legislation before May and then having to come back to change it after May.

In consultation with all parties in the Oireachtas, the draft legislation, when prepared, will be given the necessary priority in the Oireachtas timetable. Ireland was one of the first countries to ratify the Ottawa Convention and it would be an honour, and in line with Government policy, for Ireland to be among the first to ratify the cluster munitions convention when it comes out in the Dublin conference.

Some have suggested we should enact a national ban even in advance of the conference. I understand the desire to demonstrate leadership in this area but it makes sense to wait and see what is required in terms of legislation to ratify the expected convention. I assure the House there will not be any delay thereafter. Moreover, organising the conference is itself a major task and will show in a practical way our commitment to focusing on making it a success.

Civil society has played a welcome and valuable role in the Oslo process. The Cluster Munition Coalition, CMC, the international umbrella body representing more than 200 non-governmental organisations campaigning on this issue, has been an important partner throughout and its representatives will attend the diplomatic conference in May. My Department remains in close contact with the CMC and with other NGOs active in this area and is working closely with them on preparations for the conference. I am appreciative of the co-operation and mutual understanding that has prevailed with the CMC on the range of issues in play and its general support for our principled national stance.

The United Nations and the International Committee of the Red Cross have been active in their engagement and advocacy on the cluster munitions issue and staunch in their support for the Oslo process. Their ongoing contribution is invaluable and I look forward to welcoming them to the conference.

The motion urges support for research, publication and awareness raising initiatives on this subject nationally and internationally. It also urges support for victim assistance, clearance of areas contaminated by unexploded remnants of war, destruction of stockpiles, risk education and support for rehabilitation of survivors and their socio-economic integration. As I have outlined, these issues will be adequately addressed in the convention but the Government is already committed to those objectives and is working to fulfil them in close co-operation with the NGOs and with UN agencies. Since 2000, we have provided some €20 million in funding to meet needs in this area. Irish Aid has an ongoing relationship with a number of the leading NGOs operating in this field. I am proud to have seen for myself some of their activities on the ground, bringing some relief and support to victims and their communities. Our partners include HALO Trust, Mine Action Group and Handicap International, and we have also provided funding for Explosive Remnants of War, ERW, relief measures in Somalia, Afghanistan, Angola, Mozambique and Iraq among other countries. My colleague, the Minister of State, Deputy Kitt, has recently approved €1.875 million of funding for HALO Trust's de-mining activities in three countries in 2008.

It is anticipated that the expansion of the Irish Aid budget will result in an increase in the level of funding available to respond to proposals from suitable partners. This will assist us in implementing the ambitious and far-reaching provisions of the convention which I expect to be agreed in Dublin in May and carried forward into national legislation.

The question of investment related to the production or financing of cluster munitions has been raised also. I am pleased the motion highlighted that issue. As a result of it being brought to my attention some months ago I asked my Department to raise the issue. I spoke on the issue personally with the chief executive officer of the National Pensions Reserve Fund some months ago. My Department continues to examine best practice on ethical investment by the investment funds of like-minded countries. With that in mind, I initiated contacts some time ago with my colleague, the Tánaiste and Minister for Finance. While not seeking to interfere with the independence of the National Pensions Reserve Fund Commission, which is independent under the legislation passed by the Houses of the Oireachtas, my objective was to try to ensure that no public funds are invested in any company involved in or associated with the production of cluster munitions. While there are a number of legal and practical issues still to be teased out, the reaction from both the Tánaiste and Minister for Finance and the National Pensions Reserve Fund Commission has been positive and supportive.