Written answers

Wednesday, 6 February 2008

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Shane McEnteeShane McEntee (Meath East, Fine Gael)
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Question 132: To ask the Minister for Foreign Affairs the UN Conventions he has to ratify; when these will be ratified; and if he will make a statement on the matter. [3799/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As the Deputy will be aware, there is a large number of international agreements within the UN framework, covering a very wide range of subjects and falling within the functional responsibility of a number of Departments.

Two international agreements within the UN framework for which my Department holds lead responsibility have been signed but not yet ratified by Ireland. These agreements are:

1.The Optional Protocol to the Vienna Convention on Diplomatic Relations, concerning the Compulsory Settlement of Disputes, signed 18 April 1961, and

2.The Optional Protocol to the Vienna Convention on Consular Relations, concerning the Compulsory Settlement of Disputes, signed 24 April 1963.

Ratification of these agreements is linked to the wider question of the making of a declaration by Ireland accepting the compulsory jurisdiction of the International Court of Justice. The full implications of making such a declaration and the question of what, if any, conditions or reservations should attach to it, are complex matters which require careful study, including with the Attorney General.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 133: To ask the Minister for Foreign Affairs if Ireland proposes to ratify the United Nations Convention against Corruption; and if so when it is proposed that such ratification will take place. [3672/08]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 157: To ask the Minister for Foreign Affairs the position Ireland has taken in relation to the second United Nations Conference against Corruption in Bali; and his views on the limitations on Ireland's participation occasioned by the failure of the Irish Government to ratify the UN Convention against Corruption. [3677/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 133 and 157 together.

I refer the Deputies to previous replies to similar questions concerning the United Nations Convention against Corruption, most recently on 27th November 2007. The Convention was adopted by the UN General Assembly in October 2003 and was signed on behalf of Ireland, when it opened for signature, in December 2003. The Convention entered into force on 14 December 2005.

My colleague, the Minister for Justice, Equality and Law Reform, has arranged for his officials to undertake a detailed examination of the text of the Convention to ascertain what, if any, changes to the domestic criminal and civil law and to administrative practice will be required in order for Ireland to ratify this Convention.

Following extensive consultation with the Office of the Attorney General, it has been concluded that Ireland largely fulfils the criminal justice requirements of the Convention either through existing anti-corruption statutes or via legislation that is in progress such as the forthcoming Prevention of Corruption (Amendment) Bill and the Criminal Justice (Mutual Assistance) Bill 2005.

A number of other issues in the civil and administrative area will also have to be addressed in advance of Ireland's ratification of the Convention. The Department of Justice, Equality and Law Reform will be pursuing these matters with the relevant Departments and Agencies. Ireland is fully committed to ratifying this Convention and to its implementation internationally through our support for the EU common position on the Conference of States Parties (COSP) which took place in Bali last week.

Ireland is supportive of the EU policy favouring the establishment of a strong and effective review mechanism for the implementation of the Convention. Ireland also supports the EU common position on asset recovery through the identification and promotion of effective methods of facilitating the return of proceeds of corruption.

The Irish delegation in Bali made a full contribution to the Conference. Ireland was represented by officials from the Department of Justice, Equality and Law Reform and the Department of Foreign Affairs. An officer from the CAB also attended the Conference.

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 134: To ask the Minister for Foreign Affairs the details of the proposed stabilisation and association agreement to be signed by the EU after it takes over control of Kosovo from the UN and Serbia and the exploratory talks that may have been held with the Serbian authorities regarding Kosovo's future and independence; if preliminary discussions regarding Serbia joining the EU in the future have been held; and if he will make a statement on the matter. [3676/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The European Union's Stabilisation and Association Process for the countries of South-Eastern Europe aims to strengthen political and economic stability in the region. The process involves the negotiation of Stabilisation and Association Agreements (SAAs) with each of the countries concerned. The principal objective of these Agreements is to bring the countries closer to EU standards and principles. The Agreements confirm the EU's readiness to integrate them into Europe's political and economic mainstream.

Where Serbia is concerned, signature of the proposed SAA remains contingent on an assessment by the EU Council of Ministers that Serbia has cooperated fully with the International Criminal Tribunal for the former Yugoslavia (ICTY). Pending such a positive assessment, the Council agreed at its meeting on 28 January to propose an interim political agreement on cooperation between the EU and Serbia. This decision reflects the importance which the EU attaches to Serbia's European future, and comes at a time when relations between the EU and Serbia are tested by our differences over the Kosovo final status process. The issues of the SAA and Kosovo were most recently discussed between the EU and Serbia at a Troika meeting with Foreign Minister Jeremic in Brussels on 28 January. I had the opportunity to hear the Serbian perspective at first hand during my visit to Belgrade last November.

It is important to note, however, that the issue of signature of the SAA with Serbia is not directly linked to the specific question of Kosovo's final status, but is in its own right an important step towards the realisation of Serbia's European perspective. A clause in the draft Agreement excludes Kosovo from the scope of the SAA, reflecting the fact that Kosovo has been under UN administration since 1999, in accordance with the terms of UN Security Council Resolution 1244, and that its final status remains to be resolved.

With regard to the question of Serbia joining the European Union at a future date, the December 2007 European Council reaffirmed that the future of the Western Balkans lies within the European Union. It considered that a stable and prosperous Serbia fully integrated into the family of European nations is important for the stability of the region. In this regard, it encouraged Serbia to meet the necessary conditions to allow its Stabilisation and Association Agreement rapidly to be signed and, in the light of Serbia's considerable institutional capacity, and recalling its conclusions of December 2006, it reiterated its confidence that progress on the road towards the EU, including candidate status, can be accelerated.

With the conclusion in failure last December of four months of talks led by the International Contact Group Troika, there is broad agreement within the international community that no agreement on Kosovo's final status is possible between Belgrade and Pristina. The possibility of progress at the UN is also blocked, with deadlock at the Security Council over the proposal by the UN Secretary-General's Special Envoy, Martti Ahtisaari, for a settlement based on internationally supervised independence for Kosovo. In these circumstances, it is widely expected that Kosovo will shortly declare its independence.

The status issue presents a challenge which we and our EU partners must be prepared to meet in a unified way. We welcome the statements of the December European Council, which underlined the EU's readiness to meet this challenge. Ireland will play its part.

On the basis of positive advice from the Attorney–General confirming the continuation of UN Security Council Resolution 1244 until it is rescinded by the Security Council, Ireland will be able to maintain our enhanced presence in KFOR. We also intend to contribute members of the Garda to the planned ESDP rule of law mission, which was endorsed by the European Council last December and is seen as a key element of the international civilian presence in a post-status Kosovo, and to support the future economic development of Kosovo.

The Government has not yet taken a decision on the question of national recognition of Kosovo independence, and I believe that it would be not be helpful for me to speculate on this matter in advance of any declaration of independence. As indicated, strenuous efforts will be made to agree a common EU approach to this matter.

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