Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

Regarding amendments Nos. 85a and 90a, in accordance with Article 29.6 of the Constitution, it is a matter for the Oireachtas to determine the effects of any international agreement in the State. It would not be appropriate to delegate a power to the agency to make secondary legislation purporting to give effect to the decisions of the International Court of Justice or of the European Court of Human Rights. Regarding the International Court of Justice, Article 59 of the Statute of the International Court of Justice states: "The decision of the Court has no binding force except between the parties and in respect of that particular case." Accordingly, the decisions of the International Court of Justice are not binding on a state except where the state is a party to that decision. The State cannot contravene such a decision except where it is a party to the decision.

Section 3(1) of the European Convention on Human Rights Act 2003 imposes obligations on all organs of the State to perform their functions in a manner compatible with the State's functions under the convention. The 2003 Act will apply to the agency in the performance of its functions. Compliance with the State's obligations under the various other conventions cited are a matter for the Executive. The determination of the effects of these agreements is a matter for the Oireachtas.

On amendment No. 90b, the Cluster Munitions and Anti-Personnel Mines Act 2008 gives effect to the State's obligation under the convention on cluster munitions and gives further effect to the convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction. The 2008 Act creates criminal offences regarding the use, development, production, acquisition, and retention of cluster munitions and anti-personnel mines, and prohibits the investment of public moneys under enactment so as to authorise any investment, direct or indirect in a munitions company. Insofar as requirements are relevant to the agency's activities, the 2008 Act will apply without further provisions needed in the Bill.

The Treaty on the Non-Proliferation of Nuclear Weapons has been implemented in a similar form within the State variously by the Containment of Nuclear Weapons Act 2003, the Containment of Nuclear Weapons Act 2003 regulations 2004, SI 123 of 2004, and the Prohibition of Nuclear Weapons Act 2019. The Biological Weapons Act 2011 gives similar effect to the convention on the prohibition of the development, production and stockpiling of bacteriological and toxin weapons and on their destruction in particular by prohibiting stockpiling, acquisition, possession or retention of a microbial or biological agent or toxin.

In the context of amendment No. 93a, we need to adhere to natural justice. There are processes set down within the Bill for the determination of a funding award which gives the right of reply and provision for an independent internal review and external appeal which are legally required. The CEO may suspend a funding award where there is clear indication and evidence of wrongdoing. Researchers are required to adhere to the highest possible standards of research ethics and integrity. This is already contained in section 43 and due process must be afforded to the funding recipient here.We cannot just terminate an award based on unproven speculation. I note that it would be somewhat contradictory, since the Senator wanted to remove the power of the Minister in section 11 to give directions to the agency, but now proposes to insert a new provision which would give carte blancheto the Minister to terminate funding awards, with no right of reply or appeal.

The provision already in the Bill is for research and innovation of the highest standards of research ethics and integrity which is within the scope of the Bill and the remit of the agency. The appropriate processes for terminating a funding award are described in the existing text. Therefore, we do not propose to accept the amendments.