Written answers

Tuesday, 23 February 2010

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 302: To ask the Minister for Foreign Affairs the discussions he has had on the Government's position on the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opened for signature and ratification in New York on 24 September 2009; and the nature, content and conclusions of those discussions. [8648/10]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 303: To ask the Minister for Foreign Affairs the contacts he has had on the Government's position on the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opened for signature and ratification in New York on 24 September 2009; the nature, content and conclusions of those contacts; and if he will make a statement on the matter. [8649/10]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 304: To ask the Minister for Foreign Affairs the steps that have been identified by his Department as necessary to facilitate Ireland's signature and ratification of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opened for signature and ratification in New York on 24 September 2009; and if he will make a statement on the matter. [8650/10]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 305: To ask the Minister for Foreign Affairs the discussions that he has had with other Departments on his policy for the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights which opened for signature and ratification in New York on 24 September 2009; the nature, content and conclusions of those discussions; the necessary steps to be taken to facilitate Ireland's signature and ratification; and if he will make a statement on the matter. [8652/10]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 302 to 305, inclusive, together.

As I have indicated in response to similar recent questions, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) is intended, when it comes into force, to 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 alleged violations of their economic, social and cultural rights by a State Party to the Optional Protocol. It does not create any new substantive rights.

Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly, which adopted the text by consensus on 10 December 2008. 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, other UN member States and civil society/NGO representatives.

The Optional Protocol opened for signature in New York last September. I arranged for Ireland to be represented at the opening ceremony even though we were not in a position to sign. So far thirty two (32) States have signed. Only nine of the twenty seven EU member States have signed at this point. No State has yet ratified the Optional Protocol. The Optional Protocol can only come into force three months after the deposit with the UN Secretary-General of the tenth instrument of ratification or accession.

Inter-Departmental consultations have been ongoing since the process of negotiating the Optional Protocol began, with my Department playing a co-ordination role. In advance of the signing ceremony in New York, the Department chaired an inter-Departmental meeting in July 2009 as part of the ongoing consultation process. At that time, Departmental representatives indicated that more time was needed to thoroughly consider the issues arising. The Department plans to convene an inter-Departmental meeting in the near future to discuss developments.

I can assure the Deputies that I will make every effort to ensure that the consideration of Ireland's signature and ratification by relevant Government Departments is completed as quickly as possible.

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