Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 2:

In page 14, line 25, to delete “Dáil Éireann” and substitute “both Houses of the Oireachtas”.

Amendments Nos. 2 and 4 seek to address an issue with the Bill in that, as drafted, it would provide that the reporting on the functioning of these funds need be laid before only Dáil Éireann and not before both Houses of the Oireachtas. Why is Seanad Éireann excluded from having such reports laid before it? I do not believe that would be regular or appropriate. We have as much of a right to be informed as to the use of these funds as Members of the other House. These are not solely financial measures, given there are also qualitative aspects to the reporting for transparency. I hope it was an oversight and that perhaps the amendments will be accepted such that the reports will have to be laid before Seanad Éireann as well.

Amendments Nos. 3 and 5 will insert a new paragraph into subsection (3) that would require that the statement regarding the State contribution to the guarantee agreement would contain information on what moneys that were paid for by the State under the guarantee were used for. Again, I am not looking for an excess of detail on every pen bought and so forth but there is a responsibility on us as a State to ensure the moneys we pay and contribute will not be used for any purposes contrary to our legislative obligations as a State regarding the areas of investment. In particular, I am looking to two examples, namely, the Fossil Fuel Divestment Act 2018 and the Cluster Munitions and Anti-Personnel Mines Act 2008. I believe there is an error in the printing of the amendment, given it refers to 2018 rather than 2008. The amendment seeks to address the key concern that Ireland should not provide financial support to the weapons industry, in particular, or contravene our national law in respect of the cluster munitions legislation.I was lucky enough in a previous role working with Trócaire and the Cluster Munition Coalition to be there in Croke Park. It was one of Ireland's great achievements to host the negotiations to successfully ban cluster munitions as an appalling weapon with a hugely indiscriminate human life cost. It is an example of the positive role Ireland as a neutral nation was able to play in the promotion of peace, multilateralism and human rights.

The Cluster Munition Coalition offers the following overview of what these weapons do:

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 landmines for years, until they are cleared and destroyed. Contamination from cluster munitions remnants denies access to agricultural land, creates barriers to socio-economic development, and hinders the delivery of humanitarian assistance and essential services.

Unfortunately, despite the 2008 high point when we had the ban, there is a rise of them internationally. They are being used again. Some 987 persons were wounded or killed in 2022, of whom 890 were in Ukraine and 95% were civilians. At the outset of its illegal invasion of Ukraine, Russia used stocks of old cluster munitions and newly developed munitions. In July last, the United States began transferring cluster munitions to Ukraine in a move criticised by many countries, including Ireland, which has been unwavering in its support for Ukraine's to self-determination. The cluster munitions from the United States, according to Human Rights Watch, have an unexploded ordinance failure rate of between 6% and 14%. At least 12 other European countries have weapons manufacturers that produce these weapons. This seems like detail but is very relevant and another matter we may be examining in the finance committee concerns some of the ammunition funding from Europe in recent times.

While needing and wanting to support Ukraine in every way we can, including investment and reconstruction, it is appropriate that Ireland would take steps and have measures and safety checks to ensure the funds we provide are not being invested in ammunition purchase or manufacture, certainly in respect of the cluster munitions legislation, which is explicitly clear that we cannot even give funding to a factory that produces cluster munitions.

I have somewhat excessive notes and will not go into them but we want to be assured that any investments and monies we provide do not contravene something Ireland got huge credit for internationally, namely, our leadership in fossil fuel divestment.

I gave two examples but the wider question concerns qualitative reporting and what information we can have. Much of the information outlined was simply around repayments, stating that the money went out and whether it came back. The question of what the money was used for, not in inappropriate detail but at least that it was not used in contravention of national legislation, is a reasonable one to include in reports.