John Brady (Wicklow, Sinn Fein)
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330. To ask the Minister for Foreign Affairs and Trade the steps that will be taken to ensure that the EU develops a legal analysis of the UN treaty and acquires a negotiation mandate given that the EU attended the sixth annual session to negotiate a UN treaty to regulate transnational corporations and other business enterprises without a negotiation mandate; and if he will make a statement on the matter. [40378/20]

Simon Coveney (Cork South Central, Fine Gael)
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As I have previously stated, Ireland supports a constructive and engaged approach by the European Union in regard to the proposed legally binding instrument that it being developed by the open-ended Intergovernmental Working Group (OEIGWG) on Transnational Corporations and other business enterprises with respect to human rights.

The sixth session of the open-ended Intergovernmental Working Group on Transnational Corporations and other business enterprises took place from 26 to 30 October last. The European Union delivered a statement on behalf of Member States and separately raised specific concerns relating to the draft text on behalf of Member States. The EU statement welcomed some of the changes to the latest draft of the legally binding instrument, highlighted further necessary changes and outlined the many measures under way in the EU and across Member States to give greater protection to human rights in the context of business activities.

As the Deputy will be aware, the Working Group recently indicated that a third draft of the Treaty will be published, taking account of the inputs at the sixth session of the OEIGWG. My understanding is that this further draft of the Legally Binding Instrument is expected in the third quarter of 2021. Once this draft is issued, I would expect the European Commission to provide the relevant legal analysis.

John Brady (Wicklow, Sinn Fein)
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331. To ask the Minister for Foreign Affairs and Trade if a national consultation on the UN treaty as recommended by the chair of the UN intergovernmental working group in the draft report of the sixth session will be held; and if he will make a statement on the matter. [40379/20]

Simon Coveney (Cork South Central, Fine Gael)
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The draft Report to which the Deputy refers arises from the recent sixth session of the open-ended Intergovernmental Working Group on Transnational Corporations and other business enterprises, which took place from 26 to 30 October 2020. As it is currently in draft form, the report is now open for consultation, with a final version due to be completed in 2021.

The draft recommendation on national consultations is directed at a wide range of stakeholders, rather than specifically at national Governments; it recommends “that the Chair-Rapporteur encourage regional and political groups, intergovernmental organizations, national human rights institutions, civil society and all other relevant stakeholders, as appropriate, to organize consultations at all levels, including in particular at the regional and national level, with a view to exchanging comments and inputs on the second revised draft legally binding instrument”.

My Department’s approach to policy formulation always involves dialogue with a range of stakeholders. In the context of the proposed Legally Binding Instrument, my officials in Dublin and Geneva have met with the Irish Coalition on Business and Human Rights in respect of the second draft of the Instrument, and we have received the Coalition’s written submissions. This dialogue will continue.