Written answers

Wednesday, 16 September 2009

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 793: To ask the Minister for Foreign Affairs if he will clarify an issue (details supplied). [31631/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The issue on which the Deputy seeks clarification relates to the wording of the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which was passed by both House of the Oireachtas on 9 July. The Bill is necessary to enable the State to ratify the Treaty of Lisbon.

The Government and opposition parties have taken great care to ensure that the proposition put to the people on Friday, 2 October, is as clear and as comprehensible as possible. The explanatory memorandum which was prepared to accompany the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009's passage through the Houses of the Oireachtas explains in detail the reasoning underlying the language of the amendment.

The new subsection 6°, which is referred to in the material supplied by the Deputy, is modelled on the current Article 29.4.10°. This provision has essentially been in place since Ireland's accession to the European Communities in 1973, and does not represent a legal innovation of any kind. It ensures legal compatibility between EU law and the Irish Constitution, and would carry forward constitutional cover for laws, acts and measures "necessitated by the obligations" of EU membership, before and after the Treaty of Lisbon enters into force. I should add that this applies only to those policy areas where the EU has been given powers by the Member States. The Lisbon Treaty makes it clear that competences not specifically conferred on the EU remain with the Member States.

In advance of the referendum, each voter in Ireland will receive a Statement for the Information of Voters, approved by the Houses of the Oireachtas. The Statement will give the wording of the proposed amendment, along with an explanation of what it entails. The wording of the amendment, together with the accompanying explanation, will also be available in polling stations on the day of the referendum.

In addition to the explanatory material on the legislation, the Government has prepared a comprehensive information package, covering the Treaty of Lisbon, the new package, and, separately, issues related to the broader issue of Ireland's membership of the European Union. The Government's Lisbon Treaty website, www.lisbontreaty.ie , is a reliable source of current, factual information on the Treaty.

Similarly, the Referendum Commission's website, Similarly, the Referendum Commission's website, www.lisbontreaty2009.ie will be of value to voters seeking to inform themselves about the Treaty and the additional legal guarantees obtained by Ireland in June, in the run-up to the referendum.

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 794: To ask the Minister for Foreign Affairs if a delegation from Ireland will attend the signing ceremony for the new optional protocol to the International Covenant on Economic, Social and Cultural Rights at the UN in New York on 24 September 2009; and if he will make a statement on the matter. [31676/09]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 795: To ask the Minister for Foreign Affairs if he will report to Dáil Éireann on Ireland's timetable for signature and ratification of the new optional protocol to the International Covenant on Economic, Social and Cultural Rights, which opens for signature and ratification in New York on 24 September 2009; the steps necessary for ratification; his plans to overcome existing obstacles; and if he will make a statement on the matter. [31677/09]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 796: To ask the Minister for Foreign Affairs his views on whether Ireland's signing and ratifying the new optional protocol to the International Covenant on Economic, Social and Cultural Rights would be a positive step for the people of Ireland; and if he will make a statement on the matter. [31678/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to answer Questions Nos. 794 to 796, inclusive, together.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was ratified by Ireland on 8 December 1989. The Optional Protocol to this International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) will set up a mechanism that will make it possible for individuals or groups of individuals to submit a complaint to the UN Committee on Economic, Social and Cultural Rights in regard to violations of their economic, social and cultural rights by a State Party to that Protocol. It does not create any new substantive rights.

Discussions on the Optional Protocol to the ICESCR took place in a Working Group which held its first session in 2004. In June 2006, the UN Human Rights Council mandated the Working Group to negotiate the text of an Optional Protocol, and requested the Chairperson-Rapporteur of the Working Group to prepare a draft to serve as the basis for negotiations.

Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly last year which adopted the text by consensus on 10 December 2008, the sixtieth anniversary of the Universal Declaration of Human Rights. Officials of this Department were actively engaged at all stages of negotiation on the Optional Protocol, in consultation with other relevant Government Departments, our EU partners and other UN member states.

Inter-departmental consultations on consideration of Ireland's signature and ratification of the Optional Protocol are continuing, with this Department playing a co-ordination role. Accordingly we do not expect to be in a position to sign the Optional Protocol at the signing ceremony in New York on 24 September 2009.

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