Michael Ring (Mayo, Fine Gael)
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384. To ask the Minister for Health the updated position in relation to a matter (details supplied); if this comes to pass, if will have to come before Cabinet; if it will come before the Houses of the Oireachtas or if it will be decided on a European level; and if he will make a statement on the matter. [25606/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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On 1 December 2021, the members of the World Health Organisation reached consensus to begin the process to negotiate a convention, agreement or other international instrument to strengthen pandemic prevention, preparedness and response. Put simply, the aim of such an instrument is to protect public health and to help save lives in the event of future pandemics.

An Intergovernmental Negotiating Body has been established and met for the first time on 24 February 2022. The Intergovernmental Negotiating Body is due to meet again by 1 August 2022 to discuss progress on a working draft of an agreement. A progress report is expected to be delivered to the 76th World Health Assembly in 2023, with the aim of adopting the instrument by 2024.

As provided for in the Constitution, the conclusion of an international agreement is an exercise of the executive power of the State in connection with its external relations and is therefore concluded by or on the authority of the Government. In practice this means that Government approval must be sought for the signature, ratification or approval of every international agreement.

As the proposed instrument on pandemic prevention, preparedness and response is currently in the very early stages of negotiation, it is not possible at this time to determine the precise legal ramifications of the instrument, nor has it been determined what form the instrument shall take.

The requirements of the Irish Constitution will, of course, be respected in Ireland’s position towards the negotiations and my Department will engage with the Office of the Attorney General in relation to any concerns that may arise in this regard.

It should also be noted that while certain health matters are within the competency of EU Member States other health matters are within the competency of the EU itself. A March 2022 EU Council Decision authorises the European Commission, for matters falling within Union competence, to negotiate an international agreement on pandemic prevention, preparedness and response based on the Council's negotiating directives.