John Brady (Wicklow, Sinn Fein)
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34. To ask the Minister for Foreign Affairs and Trade if he will clarify Ireland’s position in relation to securing an effective and binding United Nations treaty on business and human rights. [47095/21]

Simon Coveney (Cork South Central, Fine Gael)
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As the Deputy will be aware, proposals for such a treaty are being advanced by an Open Ended Intergovernmental Working Group established by resolution 26/9 of the Human Rights Council in 2014. I favour constructive engagement with proposals for a legally binding treaty in the area of Business and Human Rights. 

Ireland has engaged with this treaty process through the European Union. During the sixth session of the Open Ended Intergovernmental Working Group last Autumn, the EU acknowledged “the potential of a legally binding instrument to effectively contribute to enhance the level of protection against human rights abuses and violations, and to ensure that countries around the world do not gain undue competitive advantage by lowering human rights.” 

In the same statement, the EU set out continuing concerns with the then draft of the proposed treaty.  These included the need for any such instrument to cover all businesses in a non-discriminatory manner; consistent with the UN Guiding Principles on Business and Human Rights; to be realistically implementable and enforceable; and to be capable of garnering support from a critical mass of UN members.

In recent weeks, a further draft of the treaty has been published by Ecuador (as Chair of the Open Ended Intergovernmental Working Group) and is under consideration by the EU and its member states.  Ireland will continue to promote a constructive and engaged approach to the negotiations.

Finally, I would add that Ireland is strongly supportive of the United Nations Guiding Principles on Business and Human Rights, which were unanimously endorsed by the Human Rights Council in 2011.  Professor John Ruggie, who developed the UNGPs, and did so much to advance the Business and Human Rights Agenda, passed away last month.  I would like take this opportunity to record our appreciation on the  record of the House for Professor Ruggie's invaluable leadership on this area.