Maureen O'Sullivan (Dublin Central, Independent)
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77. To ask the Minister for Jobs, Enterprise and Innovation the rationale for Ireland opposing the EU export controls on surveillance software; and if she will make a statement on the matter. [48082/18]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Ireland is not opposing EU export controls on surveillance software. On the contrary, Ireland fully supports and implements all EU controls on the export of surveillance software to countries outside of the EU.

The EU operates an export control regime designed to counter the proliferation of weapons of mass destruction, to support regional stability and to protect human rights. My Department is the national competent authority with responsibility for implementing Council Regulation 4028/2009 setting up a Union regime for the control of exports, transfer, brokering and transit of dual-use items.

Dual-use items are goods and technology that have both civil and military applications. A range of cyber-surveillance technologies fall within the scope of this regulation, including Internet Protocol (IP) network communications surveillance systems or equipment; Telecommunications interception and monitoring equipment; and Intrusion Software. In particular, an export licence is required before these items can be exported to countries outside of the EU.

When assessing a licence application, my Department takes into consideration a number of criteria as set out in the Dual-use regulation, including human rights in the destination country. My Department consults with the Department of Foreign Affairs and Trade in this regard.

The EU implements over thirty sanctions regimes targeting specific countries and entities as part of the Common Foreign and Security Policy. A key objective of EU sanctions regimes is to support democracy and human rights around the world. My Department is responsible for implementing trade-related sanctions and a number of these include prohibitions on the export of cyber-surveillance technologies to the targeted countries.

Ireland is strongly committed to the protection of human rights; it is a cornerstone of our Foreign Policy. Ireland has long been at the forefront of global efforts to promote Human Rights. Ireland is strongly committed to the universality, indivisibility and inter-relatedness of all Human Rights, as set out in the corpus of UN and EU treaties, covenants and protocols. Ireland is actively working with the UN, NGOs and through its overseas development programme, Irish Aid, to promote and protect Human Rights.

In September 2016 the European Commission published its proposal for a revision of the 2009 Dual-use regulation. The proposal incorporates additional EU controls on the export of cyber-surveillance technologies. This is a complex document with potentially far-reaching implications. In January 2018 the European Parliament put forward 98 amendments to the Commission's proposal. The Commission's proposal and the Parliament's amendments are currently under consideration in the European Council's Working Party on Dual-use Goods. Ireland is cooperating with other Member States to ensure that the revised regulation will be effective and proportionate.