Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank Senator Keogan for raising this important matter. As the recent Covid-19 pandemic has demonstrated, international co-operation is vital in the response to cross-border health threats. As such, Ireland strongly supports a multilateral approach to global health issues, with the World Health Organization in a central leadership role.

The purpose and scope of the World Health Organization regulations is to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade.These regulations act as an important mechanism for international co-ordination and provide the basis within international law for the setting up of reporting structures for the monitoring and reporting of issues relating to infectious diseases, particularly where they may pose an international threat. Following the Covid-19 pandemic, several World Health Organization member states expressed the need to strengthen these regulations under agenda item 16.2 of the 75th World Health Assembly in May 2022. Accordingly, the establishment of a working group on the international health regulations was approved on 27 May 2022.

Noting Senator Keogan’s concerns regarding Ireland's decision on opting out of the amendment made to Article 59 of the international health regulations, IHR, I would like to clarify that the decision made by the World Health Assembly on 27 May 2022 did not amend the regulations. Rather, it commenced the negotiation process to amend the regulations which is currently ongoing and is due to conclude by May 2024. The working group has been tasked with discussing targeted amendments to the IHR to address specific identified issues, challenges and gaps, which are critical to supporting effective implementation and compliance with the IHR going forward. More than 300 proposed amendments have been submitted by WHO states parties, with common themes including equity, transparency, collaboration and assistance, in addition to the overarching principle of strengthening accountability to protect global public health. While Ireland did not submit any proposals, it plays an active role in the discussions.

As provided for in the Irish Constitution, the conclusion of an international agreement such as the IHR is an exercise of the executive power of the State in connection with its external relations and is therefore concluded by or on the authority of the Irish Government. In practice this means that Government approval must be sought for the signature, ratification, or approval of the amended international health regulations. However, this can only take place once the agreement has been finalised.

As such, I would like to assure the Senator that no amendments to the IHR will take effect in December 2023. Article 59 of the IHR will only be applicable once a final text has been agreed by the working group and submitted for the consideration of the 77th World Health Assembly in May 2024, at which Ireland will be represented.