Seanad debates

Thursday, 27 November 2008

Cluster Munitions and Anti-Personnel Mines Bill 2008: Committee and Remaining Stages

 

12:00 pm

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

That is correct. We must go through our legislative provisions. There is a further distinction between ratification and the convention coming into practical force and effect itself. The provisions of the convention are clear on this, namely, that it will take place six months from the date upon which the 30th country has ratified the treaty. There are more than 30 countries party to the convention, but the number of 30 countries has been chosen as the number sufficient by way of ratification to give practical force and effect in the international community.

Senator Norris asked if I could give an estimate as to when that will happen. If 30 countries ratified the agreement en bloc on 3 December the convention would come into practical force and effect internationally on 3 May 2009. How long is a piece of string? I cannot anticipate when the 30th country will ratify the treaty. The coming into force and effect of the convention will happen six months after that date. It behoves all those who are signatories to the convention to encourage all countries to ratify it as soon as possible.

Ireland, as the chair of the negotiations which led to the convention, has a special obligation to ensure we are advocates for other countries to ratify the convention as soon as possible. The final part of Senator Norris's question, if I understood him correctly, relates to whether, when it comes into full force, it will coincide with our commencement order to make our legislation effective. The intention is it will. It is intended that when all countries ratify it and it becomes effective internationally, we will be in a position to commence the Act immediately, if not beforehand. This depends on us ensuring the Army's and the Defence Forces' operational and training manuals are fully in compliance with the convention so that when it comes into effect, we are fully compliant. I am sure Senator Norris, as one of the major driving forces behind the convention, will agree with this.

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