Seanad debates

Tuesday, 25 November 2008

Cluster Munitions and Anti-Personnel Mines Bill 2008: Second Stage

 

5:00 pm

Photo of Peter PowerPeter Power (Limerick East, Fianna Fail)

These exclusions are replicated in the Bill before us. The definition in the convention, which is the definition in the Bill, enables us effectively to prohibit all cluster munitions that have ever been used in armed conflict. I draw the attention of the House to a statement made earlier this month in Geneva by Dr. Philip Spoerri, director for international law and co-operation within the International Committee of the Red Cross, an international organisation that has been intensively involved in dealing with this issue for decades. It has been at the vanguard in promoting this sort of international convention. He stated:

The Convention on Cluster Munitions (CCM) adopted in Dublin, which the ICRC strongly supports, provides an effective response to the cluster munitions problem. It meets the ICRC's call for the prohibition of unreliable and inaccurate cluster munitions. We urge all States to sign this Convention in Oslo and to ratify and implement its provisions as a matter of priority. In our view, the comprehensive approach taken in this Convention will finally put an end to the long-term suffering among civilian populations that cluster munitions cause.

That is the considered view of the international body that has been at the vanguard regarding this issue.

Senator Burke asked a technical question about the placing of a device beneath a car. If it meets the definition of a cluster munition within the definitions section of the Bill and if it amounts to an action as set out in section 7 or section 9, that person will be charged with an offence under this Act.

Regarding manufacturers, stockpiles must be destroyed within ten years under the convention. Cluster munitions can only be transferred in small quantities for training purposes to states that are also parties to the convention. Ireland's efforts on cluster munitions have not ended with the successful completion of the Dublin conference. In the run-up to the signature in Oslo, much work has been carried out to encourage as many governments as possible to sign the convention and to promote awareness of it, as many Senators have requested. Three regional conferences have been held in Sofia, Kampala and Laos, with more to come, aimed at encouraging states to sign and ratify the convention. Ireland, as one of the core group, has been highly active at these conferences, presenting papers and lobbying governments. We organised a large event on the margins of the United Nations General Assembly last month to promote the convention. The reaction has been very positive and international momentum for signature in Oslo continues to grow. This is a clear and tangible sign that Ireland as a small nation but with a very distinguished history on the international stage is capable of taking the lead on issues such as this one.

The Oslo process was successful because of the hard work of Ireland and the other core group members, UN organisations, the International Committee for the Red Cross and numerous NGOs. In particular, the hard work of the Cluster Munition Coalition, including more than 20 Irish NGOs, was vital in creating awareness of the humanitarian consequences of cluster munition use. Ireland and other key actors intend to begin work immediately after the signing ceremony to ensure that momentum for the convention is maintained.

Some of the key issues we have already started to consider are the lessons we have learned from the implementation of the 1997 anti-personnel mine ban treaty and how they might be applied to implementation of the Convention on Cluster Munitions. Ireland will also work to support any actions that will need to be carried out in the run-up to the first meeting of state parties, which must be convened within one year of the entry into force of the convention.

I again thank Members of this House for their, as usual, constructive contributions on this matter, their suggestions and the amendments that have been signalled. Those amendments will be considered very closely in advance of Committee State to ensure the Bill is given full, proper and complete consideration so that when it is enacted it will represent the best endeavours of the Lower House and this, the Upper House.

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