Written answers

Wednesday, 19 December 2007

Department of Foreign Affairs

Proposed Legislation

3:00 pm

Photo of Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 225: To ask the Minister for Foreign Affairs his plans to bring forward legislation dealing with the banning of cluster munitions; and if he will make a statement on the matter. [36013/07]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Programme for Government states that "This Government will campaign for a complete ban on the use of cluster munitions. In the absence of a full ban we will seek agreement on an immediate freeze on the use of cluster munitions pending the establishment of effective international instruments to address humanitarian concerns regarding their use."

In my speech to the United Nations General Assembly in October I referred to Ireland's role in seeking a comprehensive response to the curse of cluster munitions, the appalling effects of which are all too evident in Lebanon and elsewhere, and stated that, in order to advance the collaborative effort launched in Oslo last February, Ireland would host a Diplomatic Conference in May 2008 which we hoped might finalise the first-ever international agreement on cluster munitions.

At the Oslo Meeting in February 2007, to which I have just referred, 46 States adopted a Declaration which committed them to conclude by 2008 a legally binding international instrument that will "prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians." They also committed to cooperation and assistance for survivors and affected communities, clearance of affected areas and destruction of stockpiles and to consider taking steps at national level to address these problems, pending adoption of a treaty.

Ireland has taken a leading role in the Oslo Process and is a member of the Core Group guiding it, together with Austria, the Holy See, Mexico, New Zealand, Norway and Peru. Following the Oslo Declaration, a meeting in Lima in May 2007 saw the number of participating States grow to 68, while the most recent conference in Vienna earlier this month attracted 138 States and saw detailed and substantive discussion of the text of a draft Convention. Further discussions will take place in Wellington in February 2008 and the Dublin Diplomatic Conference will take place in Croke Park from 19-30 May. Given the clear political momentum which exists, I am hopeful that it will be possible to agree an effective prohibition on the use of cluster munitions, with substantial humanitarian provision for victims and affected areas. A hallmark of the Oslo Process is the involvement of NGOs and civil society representatives, with significant attendance from this sector expected in Dublin.

In the course of 2007, a number of countries whose armed forces possess cluster munitions, including Belgium, Austria and Hungary, have adopted legislation or moratoria banning their use. Though Ireland has never possessed these weapons, I am willing to examine the case for a ban in domestic law as a signal of Ireland's leadership role in this area. To that end, I have asked my officials to examine, in conjunction with other Government Departments, what measures would be necessary to achieve a ban in domestic law.

Our main focus remains on securing effective action at the international level. Once an international instrument on cluster munitions is adopted it will be necessary to consider the steps, including possible new legislation, required to enable ratification by Ireland.

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