Paul Murphy (Dublin South West, Socialist Party)
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85. To ask the Minister for Jobs, Enterprise and Innovation the measures in place to ensure that technologies and research developed by companies and institutions based here that are involved with the research and development of military capabilities are not used in the violation of human rights; his views on Ireland’s compliance with the Arms Trade Treaty and EU regulations on the export of dual-use items; and if he will make a statement on the matter. [3068/15]

Richard Bruton (Dublin North Central, Fine Gael)
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My Department is responsible for controls on the export of military and dual-use items and technology from Ireland. The security, regional stability and human rights concerns which underpin export controls are of paramount importance to my Department. My Department takes its responsibilities in this regard very seriously.

It is important that the export of sensitive technology is properly controlled and the licensing procedures operated by my Department take into account a number of factors. These include Irish foreign policy considerations, the EU Common Position on Arms Exports, the Arms Trade Treaty, international sanctions policies, EU dual-use export control regulations and obligations stemming from Ireland’s membership of the international export control regimes.

As part of the licensing process my Department requires extensive information from companies including detailed information in respect of the end-use and the end-user of the product to ensure the ultimate use of a licensed export conforms with national and international law and cannot be used in the violation of human rights.

Under Irish law, military export licences have to be sought in respect of the goods and technology, and any components thereof, listed in the Annex to the Control of Exports (Goods and Technology) Order, SI.216 of 2012 which reflects the EU Common Military List.

The EU Common Military List includes military goods and technology, and components for such items that should be licensed for export. It is important to note that items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components rather than military equipment. Components licensed for export by my Department are generally exported to manufacturers and systems integrators before being sent to the final end-users.

The Department consults with the Department of Foreign Affairs and Trade in respect of all military export licence applications. All military licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 1998 EU Code of Conduct on Arms Exports. This Code, which was subsequently adopted in 2008 as an EU Common Position, seeks to safeguard, among other concerns, regional stability and human rights.

My Department is also responsible for licensing those dual-use items controlled pursuant to Council Regulation (EC) No. 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.

While the term “dual-use” refers to those items that are normally used for civilian or commercial purposes but may also have a military application, the vast majority of dual-use licences issued by my Department are for commercial purposes.

Prior to issuing any export licence for dual-use goods intended for a country where there is civil or military unrest, my Department consults with the Department of Foreign Affairs and Trade.

In response to the Deputy’s question on the Arms Trade Treaty (ATT), the treaty is the first legally binding instrument to regulate the international trade in conventional weapons. Ireland was one of the first countries to sign the ATT and completed its ratification on 2nd April 2014.

The Treaty entered into force on 24 December 2014 and Ireland’s focus now is on ensuring robust implementation of the Treaty and compliance with all of its provisions, including those relating to human rights. I and my officials are working closely with colleagues in the Department of Foreign Affairs and Trade in this respect and Ireland is participating actively in the EU Working Party on Conventional Arms Exports and the Preparatory Committee process ahead of the First Conference of State Parties to the ATT due to be held later this year.