Seanad debates

Wednesday, 8 June 2011

Biological Weapons Bill 2010: Second Stage

 

3:00 pm

Photo of Colm BurkeColm Burke (Fine Gael)

Like my colleagues, I welcomed the Minister of State to the House and wish her well in her role. I welcome the Bill. It is important that we put in place conventions that have been passed at international level. I note that in January 2010 an interdepartmental committee was established, which is headed by an official from the Department of Foreign Affairs and Trade. This is also important.

The Bill is quite comprehensive and clearly sets out the definitions and offences. A person who stockpiles, acquires, possesses, retains or transfers to another person such a weapon commits an offence. Once a person becomes involved in any way an offence is committed. The Bill sets out the prosecution options open to the State and it is a serious offence because the number of people affected by the use of such a weapon is large. Sections 7, 8 and 9 establish that a person cannot hide behind being part of a corporate group or company name.

Some of my colleagues referred to damage that has been caused. One of the problems with this type of weapon is its long-term effect. There have been long-term effects in countries already mentioned such as Vietnam and Cambodia. There is no defence when this material is used. It is not aimed at one person but at large numbers. The place where there is evidence of its most recent use in 2009 is Gaza where white phosphorus was used. Israel denied it had used white phosphorus, but there was clear evidence that it had been used. More than 1,400 people died in that conflict. I am not saying they died as a result of the use of white phosphorus, but it generated fear among the population. I visited the area four weeks after hostilities had ceased and it was disturbing to witness the level of fear among the people because they did not know what was coming next. It was amazing no action had been taken following the use of white phosphorus. Ireland has preserved its neutrality, but it is important when something such as this occurs, that penalties are imposed on the state involved to ensure it does not recur. It was disappointing no action had been taken following the use of white phosphorus in 2009.

Colleagues have referred to Ireland's role as a neutral country. I visited a number of countries in which there was conflict and Ireland's role was seen in a totally different light from that of other countries. Ireland was seen as the protector, occupying neutral ground and not being on any one side other than of that of trying to bring about peace. It is important that we use that role to ensure these conventions are implemented throughout the world. It is important that we use whatever powers we have at European Union and UN level to ensure the conventions which have been carefully drafted and negotiated are used to protect people, particularly those not involved in conflict. One of the things about the use of these weapons is that usually those most affected are not involved in the conflict but innocent parties who are defenceless and unable to avoid getting caught up in it. It is important, therefore, that we put this legislation in place and continue to use our influence to we ensure other member states put the relevant legislation in place, that this type of weapon is not used, peace is restored and there will be no long-term repercussions, which has always been the case when this material has been used.

I thank the Minister of State for introducing the Bill and look forward to its enactment at an early date.

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