Written answers

Wednesday, 11 October 2006

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 155: To ask the Minister for Foreign Affairs when the International Convention in the Protection of the Rights of all Migrant Workers and Members of their Families will be ratified; and if he will make a statement on the matter. [32390/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As I indicated to the House, most recently on 29 June 2006, the case for ratification of this Convention has been examined by my Department in conjunction with the Department of Enterprise, Trade and Employment, which has lead responsibility on the issue.

As previously indicated, the rights of migrant workers and their families 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 (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.

There are no plans at present to sign or ratify the Convention. However as with all outstanding ratifications of international human rights instruments, the position regarding the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families will be kept under review.

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