Seanad debates

Wednesday, 8 June 2011

Biological Weapons Bill 2010: Second Stage

 

3:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)

I thank the Senators who participated in the debate for their support for the Bill. As Senator Jim Walsh said, it was drafted during the term of office of the previous Government and supported by the then Opposition. I very much welcome the fact there is again cross-party support for the legislation. There is no evidence to suggest there is terrorist activity of this kind, but it is important that we ensure our legislation is tight in order that we will have appropriate provisions in law to deal with such issues.

There were a number of common themes in the contributions, particularly concerning Ireland's international role. Senator Colm Burke referred to the fact Ireland that had a very strong reputation internationally not only as a neutral state but generally because of the way it had acted during the years. It is right to state we are listened to on the international stage on these issues. It is important, therefore, that we play a leadership role and many Senators have referred to the fact that we can do so.

Senator Jim Walsh, among other Senators, has referred to the fact that there is an extra-territorial dimension. We are satisfied that it is included in the legislation. The Senator also referred to the fact that there were not too many signatories. One could only sign the convention before it came into effect. After that one simply had to accede to it. A significant number of states have now done so.

Senator Ivana Bacik asked the reason there was no list. I believe she answered her own question in that if we did have a list, we would have to add to it because the science is constantly changing and we might leave something out. Therefore, it would not be appropriate to have a list of specific items.

Questions were asked about the offences listed. Senator Jim Walsh, among other Senators, raised the level of offences. It seemed appropriate to keep non-indictable offences at that level because of the peripheral issue Senator Bacik raised about someone unknowingly being involved. It would not be appropriate to have a serious penalty in that regard.

Senator David Cullinane raised the question of the burden of proof and international rights obligations. The Bill is fully compatible with rights under the Constitution and the European Convention on Human Rights.

Senator Paul Bradford rightly raised broader issues about the root causes of conflict and the importance of having laws not only to punish those who produce, use or are involved in transporting biological and other weapons but to try to ensure people do not have a reason to develop these weapons in the cause of conflict. By and large, the legislation is aimed more at non-state actors. We do not have evidence that any state has biological weapons. The concern is that terrorists and other non-state actors might develop such weapons. The intention is to ensure states and others do not develop them. While we can hope states will want to avoid conflict, unfortunately, there are people in the world who might want to stir up conflict. Therefore, we must ensure we have appropriate legislation in place in that regard.

I again thank the Senators who participated in what has been a very positive debate. As Senators said, this meets one part of our international obligations, but we want to ensure we get everything absolutely right. As everyone said, Ireland has a very proud record in international affairs and we want to ensure we introduce whatever legislation is necessary and that we behave on the international stage in a way that will continue to reflect well on the country.

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