Michael D Higgins (Galway West, Labour)
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Question 299: To ask the Minister for Foreign Affairs if the Government will sign and ratify the 1990 UN International Convention of the Protection of the Rights of All Migrant Workers and Members of the Their Families. [3806/06]

Dermot Ahern (Louth, Fianna Fail)
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This matter has been raised on a number of occasions in the Dáil, most recently in response to Questions Nos. 677 and 680 on 25 January 2006. The case for ratification has been examined by my Department in conjunction with the Department of Enterprise, Trade and Employment, which has lead responsibility on the issue.

It should be noted that the rights of migrant workers and their families, while they need to be kept under active review, are already protected under existing national legislation and under the Irish Constitution, as well as under EU law. In addition, the rights of migrant workers and their families are also addressed by Ireland's commitments under international human rights instruments to which the State is already a party. These international instruments include, for example, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The convention referred to in the Deputy's question was adopted by the UN General Assembly in December 1990, and it entered into force on 1 July 2003, following ratification by the requisite number of states, that is, 20. The convention has been open for signature and ratification since December 1990. However, to date, only 34 states have ratified it. No European Union member state has as yet signed or ratified the convention, nor has any indicated an intention to do so.

The position essentially is that, in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing employment, social welfare provision, education, taxation and electoral law. These changes would also have implications for our EU commitments. The operation of the common travel area between Ireland and the UK might also possibly be affected. The situation is being kept under review.