David Cullinane (Sinn Fein)
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I welcome the Minister, Deputy Richard Bruton, to the House.

It might strike him as an unusual issue to bring before him in terms of an Adjournment motion but, as a party, we have tried to get a Dáil debate on this and we have been unsuccessful to date.

In spite of formal talks on peace and land reform in Colombia, more than 70 human rights defenders were murdered there this year. Colombia remains one of the most dangerous places in the world to be a trade unionist. NGOs on the ground are saying that now is not the time to increase trade links. They welcome the peace and the land reform talks, however nothing is set in stone and all is still in flux.

The Colombians want trade but trade that works for them and does not undermine local economies or improve the human rights situation. A human rights report has revealed that in the second half of 2013, the Colombian police were the principal perpetrators of human rights abuses and violations of international humanitarian law. The report concluded that these figures "contradict considerably with the official government discourse which is centred around the consolidation of peace in Colombia". Columbia has experienced more than six decades of violence linked mostly to a deep unresolved agrarian conflict. At the heart of this conflict is land and how power is abused in Colombia. The EU states that there are human rights clauses in the FTA but human rights must always be included in the EU's free trade agreements and while a violation of human rights by any country could warrant suspension, this has never occurred. Additionally, the free trade agreement does not exactly say what constitutes a significant enough human rights violation to suspend the agreement. Will one murdered trade unionist suspend it? Will ten murdered landless peasants at a protest suspend it? One only has to look at how Israel has conducted its affairs in recent times to see how low the EU's threshold is for human rights clauses in free trade agreements. Israel indiscriminately bombed Gaza, killing more than 2,188 people, the vast majority of whom were civilians and many children, as the Minister knows, and more than 11,000 people were injured. It committed war crimes, it is a serial human rights abuser and it has continued to violate international law, continues to occupy the Palestinian territories and yet the EU's foreign trade agreement with Israel is ironically "based on respect for human rights and democratic principles". I think the people of Gaza would dispute that. If the EU will not cancel an FTA agreement with a country that commits blatant war crimes and human rights violations, it does not hold out much hope that it will do so with Colombia.

Ireland is the only country left to sign an agreement. Effectively, we are asking the Minister to confirm when he will bring this issue to the Dáil or Seanad. We believe we should have the opportunity to vote on this issue. Does the Minister agree that he should hold an open debate, either in the Seanad or in the Dáil? While it is helpful to raise the matter on the Adjournment, I would imagine there would be many Members of the Oireachtas who would want to have their say on this issue.

I look forward to the Minister's response.

Richard Bruton (Dublin North Central, Fine Gael)
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I thank the Senator for raising this issue. I am pleased to come before this House to debate this agreement. It is one of a group of agreements between the EU and Colombia, Peru and most recently Ecuador, the Andean countries. The agreement incorporates commitments on human rights, sustainable development and the objective to reduce poverty. This is set out in the first principle of the agreement. It has been provisionally applied by the EU since August 2013 and has been ratified already by 17 member states.

I should acknowledge the important work done by the Irish Congress of Trade Unions, Trócaire and others in highlighting the human rights concerns associated with Colombia and in drawing these concerns to the attention of the international community. The promotion and protection of human rights is a core principle of Irish foreign policy and I believe that the provisions of the agreement support this core principle. I believe that the provisions of this agreement, including asymmetric trade preferences for the Andean countries and the binding provisions on human rights, labour standards and sustainable development will complement the existing mechanism for multilateral political dialogue, such as the EU human rights dialogue with Colombia.

The international experience is that economic disadvantage and isolation reinforces the potential for human rights concerns. In contrast, engagement with the international community and institutions, in this case the EU through trade and political dialogue, promotes both economic and social progress. This agreement provides an enhanced basis for openness, prosperity and accountability for the parties to it. The agreement both legitimises and animates the union in promoting its social and democratic values. It is useful to recall the language in the text of the agreement which relates to human rights. Article 1 of the agreement provides that respect for democratic principles, fundamental human rights, and the principle of the rule of law, are "essential elements" of the agreement. The significance of this is that if one party breaches the "essential elements", the other party would be entitled to adopt proportionate measures without delay. Such measures could include the termination of the agreement, as the Senator has acknowledged.

Title 9 of the agreement contains a legally binding sustainable development chapter, which includes provisions on labour, and the mechanisms through which civil society groups, including trade unions and NGOs, can participate, raise concerns and express views. The parties to the agreement are obliged to review and consider these views. In addition there are domestic advisory groups composed of civil society representatives, which must be consulted and which can also make recommendations on their own initiative. There is provision for regular inter-governmental meetings. These meetings must include an open session where civil society organisations and citizens can directly raise issues. All decisions or reports from these inter-governmental meetings must be public. The sustainable development chapter establishes a specific arbitration system to deal with disagreements on the implementation of its provisions. An independent group of experts can be requested to assess the signatories' fulfilment of their obligations and to issue public reports, on the basis of which an action plan or other corrective action is to be implemented.

Moving to the bilateral level, as this House will be aware, Ireland is an unfailing promoter of human rights. The Minister for Foreign Affairs and Trade and his officials, including the embassies on the ground, work closely with our fellow EU member states and the EU's External Action Service to support positive developments in Colombia. This work is aimed at promoting the progressive improvement of human rights standards. In Ireland's bilateral contacts with Colombian authorities - at political and at official levels - we can raise human rights and other issues. We are also able to use these opportunities to acknowledge some positive developments that have been noted by, amongst others, the UN High Commissioner for Human Rights. These include the peace process, with its agenda covering critical areas including agrarian development and political participation - two areas where progress has been secured in the talks during the course of this year. These are very positive developments, for which credit to those involved is due.

In Ireland's engagement as a member of the UN Human Rights Council, we attach priority to issues relating to human rights defenders. We emphasise that civil society organisations need space, that human rights activists must be able to exercise their rights, including freedom of expression, freedom of assembly and of association and that States must fulfil their obligation to create an enabling environment allowing non-governmental organisations to make their contribution to the creation or consolidation of rights-respecting democracies.

In an increasingly inter-dependent world, important economic and social benefits can flow from increased international trade. The economic impact in Colombia and Peru, and now Ecuador, of the free trade agreement with the EU will be significant and this can, in turn, contribute to the development of more equitable, just and peaceful societies. Economic growth must be made sustainable and equitable through good governance in the form of respect for labour rights as well as environmental standards, and the full promotion and protection of human rights.

The free trade agreement with Colombia provides for a considerable and robust implementation and monitoring framework through the special intergovernmental trade committee set up under the agreement, together with its eight subcommittees, including the sustainable development subcommittee, all of which should lead to the best possible outcomes for the trade and foreign policy interests reflected in the agreement.

This agreement with Colombia represents an opportunity to support sustainable, equitable development. It will be for all of the parties to the agreements to ensure that they deliver fully on this potential.

As to the timing of a decision on this, it will come forward for a decision in a short time. The issue of whether a debate is ordered in the Dáil is a matter for the Whips.

Denis O'Donovan (Fianna Fail)
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I ask the Senator to be brief.

David Cullinane (Sinn Fein)
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This is not just a matter for the Whips. It is the prerogative of the Minister to decide to hold the debate. The Whips' job is to decide the timing of the debate and when it should happen. I am asking the Minister to give a commitment as Minister, to hold a debate on this issue. The Whips can then work out all of the rest.

What exactly is a violation of human rights? The Minister rightly articulated the principle on human rights that is included in the agreement but that does not respond to the question I asked. I am aware it is customary to give a scripted speech in response but on the next occasion the Minister might be able to shed some light on. If ten trade unionists were killed, would that constitute a violation of human rights and would it cause the agreement to be suspended? What exactly would constitute a breach and how would the mechanism be trigged and work effectively?

Richard Bruton (Dublin North Central, Fine Gael)
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There are mechanisms set out which the Senator probably knows about. There is a domestic consultative panel, a joint civil society platform and a partners country domestic consultative mechanism, as I outlined in my reply. These have to be done publicly and openly. Where those start to breakdown obviously that triggers a reaction. It depends on the level and each case must be judged on its merits. By having agreement, by engaging with people and by forcing this iterative process, one delivers reform. What the Senator is advocating, which is that we refuse to have such an agreement, is that one steps back. Evidence shows that does not improve the human rights record, does not improve labour rights standards and does not improve environmental standards. It is a question of engaging.

Of course there is a judgment call as to when one triggers actions. It is not realistic to say that an X, Y or Z occurrence will lead to an automatic red card. That is not realistic. This is a process with civil society, trade unions, NGOs, intergovernmental and domestic consultative processes. By putting those in place one creates a momentum for the delivery of the change we all desire.

The Senator's desire for a checklist and qualifying that once one does something then it is gone, is not the approach that has been taken.

David Cullinane (Sinn Fein)
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It is not what we are advocating, with respect.

Richard Bruton (Dublin North Central, Fine Gael)
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Sorry, I thought that was what the Senator was trying to say.

David Cullinane (Sinn Fein)
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No, we are looking for a debate.

Richard Bruton (Dublin North Central, Fine Gael)
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I think this is the right approach. I believe in trade agreements as a route to open up dialogue form which one can get human rights concessions, labour market proper standards and all the rest of it. That is the route to go. Of course there is rightful anxieties about human rights. They are absolutely justified and we will pursue them at every level. Having such an agreement and having the consultative mechanisms that underpin it are worth putting in place. Let us try to win progress through the agreement.