Frances Black (Independent) | Oireachtas source

I move amendment No. 3:

In page 8, between lines 17 and 18, to insert the following: “ “Convention” means the Convention on Cluster Munitions adopted in Dublin in May 2008 which Ireland is party to;”.

This set of amendments relates to Ireland's international obligations as a party to the Convention on Cluster Munitions. Ireland played a key role in the negotiation of the convention and it is one particular example of the extremely positive role our neutrality can play in the promotion of peace, multilateralism and human rights internationally. The Cluster Munition Coalition offers the following overview of what these weapons do. It points out that cluster munitions are weapons that are fired from the ground by artillery, rockets, missiles and mortar projectiles or dropped by aircraft. They open in the air to disperse multiple submunitions or bomblets over a wide area. Many submunitions fail to explode on initial impact, leaving remnants that indiscriminately injure and kill, like land mines, for years, until they are cleared and destroyed. Contamination from cluster munitions remnants denies access to agricultural land, creates barriers to socioeconomic development and hinders the delivery of humanitarian assistance and essential services.Unfortunately, the use of cluster munitions is on the rise internationally. Last month, the annual Cluster Munition Monitor highlighted the fact that cluster munition attacks killed or wounded at least 987 people in 2022, of whom 890 were in Ukraine and 95% of these were civilians. At the outset of its illegal invasion of Ukraine, Russia used stocks of old cluster munitions and newly developed munitions. In July 2023, the US began transferring cluster munitions to Ukraine in a move that was criticised by countries, including Ireland, that have been unwavering in their support of Ukraine's right to self-determination. According to Human Rights Watch, the cluster munitions from the US had a dud or unexploded failure rate of between 6% and 14%. These weapons pose a huge risk to civilians and it is mainly civilians who die because of their use. How devastating is that? We have a responsibility, as a signatory to the convention, to ensure that these weapons are not being transited through Ireland and that our laws reflect our commitment to the eradication of these horrendous weapons.

Amendment No. 3 is a technical amendment inserting an interpretation of "convention" used in later amendments. Amendment No. 13 would insert a new section 30 in the Bill that would prohibit the authorising of a person or organisation to transit a military item through or from the State where such an item is subject to the convention, in effect banning the export of cluster munitions from Ireland and banning their transit through the State. Amendment No. 16 would amend section 29(6) by including a new provision that the Minister shall not grant authorisation for a military item where that item goes against the convention, in effect precluding authorisation for cluster munitions.

In tabling these amendments, we are aware of the restrictions placed on the transit of munitions by the Air Navigation (Carriage of Munitions of War, Weapons and Dangerous Goods) Orders 1973 and 1989, which require approval for transit from the Minister for Transport following consultation with the Departments of Foreign Affairs and Justice. However, with regard to cluster munitions, these provisions are not sufficient and are not in the spirit of the convention. While I acknowledge that this Government may not opt to grant any authorisations in respect of these horrendous weapons, future Governments might and this is what we must take into consideration. I urge the Minister of State to accept what I believe are very constructive amendments that would strengthen the legislative underpinning of our commitment to the Convention on Cluster Munitions.