Mick Wallace (Wexford, Independent)
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29. To ask the Minister for Jobs, Enterprise and Innovation if he is satisfied that the oversight measures of his Department for controls on the export of military and dual use items from Ireland are adequate to ensure that such items are only used in accordance with international human rights law, in particular in regions experiencing conflict; if he will provide details of any discussions he has had with the Department of Foreign Affairs and Trade in this regard; and if he will make a statement on the matter. [37209/15]

Richard Bruton (Dublin North Central, Fine Gael)
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My Department is responsible for controls on the export of military items from Ireland. Under Irish law, military export licences must be sought in respect of the export from Ireland of military goods and technology, and any components thereof, listed in the EU Common Military List.

Items which are classified as “military goods” from an export control perspective and which are exported from Ireland involve components rather than finished military equipment. Military licences issued by my Department include licences issued to individuals holding sports firearms and to companies engaged in mining activity.

My Department is also responsible for licensing the export of dual-use items outside the EU 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.

The export licensing process centres on ensuring, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use, and will not be used for an illicit purpose. The safeguards built into the licensing system facilitate robust checks and cross checks in this regard.

All licence applications are subject to rigorous scrutiny, and are considered in the light of the spirit and objectives of the 2008 EU Common Position on Arms Exports. This position, the text of which is provided below, seeks to safeguard, among other concerns, regional stability and human rights.

The linkage between export control and international political, disarmament, human rights and security concerns, requires ongoing contacts, both formal and informal, with the Department of Foreign Affairs and Trade.

My officials are therefore in regular contact with the Department of Foreign Affairs and Trade on export licensing issues. They consult with that Department in respect of all military export licence applications and the majority of dual-use export licence applications.

All licence applications are examined on a case-by-case basis by officials of the Department of Foreign Affairs and Trade in the light of foreign policy concerns that may arise; such factors are subject to review in the light of developments in a given region. Any observations which may arise from this examination are considered in the final assessment of any licence application.

In addition to these day-to-day contacts with the Disarmament and Non- Proliferation Section of the Department of Foreign Affairs and Trade, more formal liaison meetings take place on a regular basis to share information and to review strategic issues affecting export control.

2008 EU Common Position on Arms Exports

The Code of Conduct on Arms Exports was adopted in 1998. The Code specified common criteria against which applications for exports of military goods should be assessed and was subsequently as a Common Position Council in December 2008 (Common Position 2008/944/CFSP of 8 December 2008). My Department also assesses dual-use licence applications against these criteria. The criteria are as follows:

Criterion One: Respect for the international obligations and commitments of Member States, in particular the sanctions adopted by the UN Security Council or the European Union, agreements on non-proliferation and other subjects, as well as other international obligations.

Criterion Two: Respect for human rights in the country of final destination as well as respect by that country of international humanitarian law.

Criterion Three: Internal situation in the country of final destination, as a function of the existence of tensions or armed conflicts.

Criterion Four: Preservation of regional peace, security and stability.

Criterion Five: National security of the Member States and of territories whose external relations are the responsibility of a Member State, as well as that of friendly and allied countries.

Criterion Six: Behaviour of the buyer country with regard to the international community, as regards in particular its attitude to terrorism, the nature of its alliances and respect for international law.

Criterion Seven: Existence of a risk that the military technology or equipment will be diverted within the buyer country or re-exported under undesirable conditions.

Criterion Eight: Compatibility of the exports of the military technology or equipment with the technical and economic capacity of the recipient country, taking into account the desirability that states should meet their legitimate security and defence needs with the least diversion of human and economic resources for armaments.