Joe Higgins (Dublin West, Socialist Party)
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890. To ask the Minister for Justice and Equality if his attention has been drawn to the allegations of forced human organ harvesting from prisoners in China; his views on whether there is a requirement to bring forward legislation to prevent such organs being used here in any way. [34636/13]

Alan Shatter (Dublin South, Fine Gael)
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The issues raised by the Deputy are outside the remit of my Department.

I would refer the Deputy to Questions Nos. 62, 65 and 66 of 10 July, 2013 answered by the Tánaiste and Minister for Foreign Affairs and Trade. A copy of the Tánaiste's reply is appended for ease of reference.

In addition, I understand from my colleague, the Minister for Health that the removal of human organs without consent or for payment is an offence under the European Union (Quality and Safety of Human Organs Intended for Transplantation) Regulations 2012 - S.I. No. 325 of 2012 - which give effect to an EU directive. Under the regulations, made by the Minister for Health, it is an offence to traffick, harbour, import or export organs contrary to the regulations and the directive. The regulations set out a framework encompassing the establishment of competent authorities, the authorisation of transplantation centres and the establishment of conditions of procurement and systems of traceability. I am also informed that the Department of Health is preparing legislative proposals for a Human Tissue Bill which will set out a detailed consent framework for the removal, donation and use of organs from deceased and living persons for the purpose of transplantation.

Question Nos. 62, 65 and 66 of 10 July, 2013

Question No. 62 (Ref No: 33719/13 Proof: 70)

To ask the Tánaiste and Minister for Foreign Affairs and Trade the position in relation to illegal organ harvesting and trading; the measures taken to ensure that no Irish company, organisation or individual is involved in such practices; the steps taken to outline concerns in this matter to the Chinese authorities, particularly in relation to the treatment of Falun Gong practitioners; and if he will make a statement on the matter.

Question No. 65 (Ref No: 33808/13 Proof: 74)

To ask the Tánaiste and Minister for Foreign Affairs and Trade his views on the position of Falun Gong practitioners in Chinese society.

Question No. 66 (Ref No: 33846/13 Proof: 75)

To ask the Tánaiste and Minister for Foreign Affairs and Trade his views of an a matter regarding forced organ harvesting (details supplied); his plans to bring forward laws that will stop all Irish companies, organisations, persons, physicians and the health services form being accomplices in the heinous crime of organ trafficking; and if he will make a statement on the matter.

Reply:

I propose to take question no: 62, 65 and 66 together and to make a statement on the matter.

The Government follows closely reports of human rights violations against Falun Gong practitioners, including reported cases of organ harvesting, and is concerned about the situation. Human rights issues, including the treatment of Falun Gong practitioners, are issues discussed regularly with the Chinese authorities during both bilateral and multilateral meetings.

Through the formal framework of the EU-China Human Rights Dialogue, which was established in 1995, the EU continues to share with China its experience in the field of human rights protection and promotion, and to urge China to take clear steps to improve the human rights situation. The latest session of this dialogue took place on 25 June 2013 and provided the EU with the opportunity to express its concerns about a wide range of human rights issues in China, including the treatment of ethnic and religious minorities, deprivation of liberty, and criminal and administrative punishment.

At this meeting, the EU also enquired about measures taken so far by China to ratify the International Covenant for Civil and Political Rights, signed in 1998 in view of China's undertaking made during the 2009 Universal Periodic Review (UPR) to ratify the Covenant at an early date.

In February 2013, officials from my Department met with representatives of the Irish Falun Dafa Association. During this meeting the Irish Falun Dafa Association discussed the issue of organ harvesting and ways in which human rights issues are raised with Chinese authorities by both Ireland and the EU.

Officials in my Department are meeting again this week with the Falun Dafa Association regarding the issue of organ harvesting.

In relation to measures taken to ensure no Irish company, organisation or individual becomes involved in the mistreatment of Falun Gong practitioners, a Common Position adopted by the European Council in 2008 outlines that Member States shall deny an export licence if there is a clear risk that military technology or equipment to be exported might be used for internal repression.

Ireland, together with our EU partners, will continue to address human rights issues with China, including those related to the Falun Gong, in frequent and regular dialogue, through our contacts in both Dublin and Beijing and through the relevant multilateral channels, including at the next United Nations Universal Periodic Review of human rights in China, scheduled for October 2013.