Written answers

Tuesday, 14 June 2022

Department of Foreign Affairs and Trade

Ukraine War

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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711. To ask the Minister for Foreign Affairs and Trade if his Department is in full compliance with the Commission Recommendation (EU) 2022/554 of 5 April 2022 on the recognition of qualifications for people fleeing Russia’s invasion of Ukraine; if he will set out a list of the professional qualifications or professions recognised under the aegis of his Department; if Ukrainian qualifications are now recognised in each case; if electronic applications can be made for such recognition; the web address or email address to which such applications should be sent, or if physical application is necessary; and the exact procedures and address for such applications. [29980/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Department of Foreign Affairs is not a Competent Authority for any regulated profession in Ireland and has no role in the recognition of qualifications for people fleeing Russia’s invasion of Ukraine.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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712. To ask the Minister for Foreign Affairs and Trade if he will provide a list of the international organisations of which Ireland is a member of where Russia and or Belarus is also a member; if Ireland is taking steps to have Russia and or Belarus suspended and or expelled in each case; and if so, the nature of the steps and the current position. [29982/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Since the beginning of the war of aggression in Ukraine, Ireland has been to the forefront of international efforts to confront and isolate Russia, to assist the Ukrainian people and to bring an end to the conflict.

As a member of the UN Security Council, we have joined with likeminded countries to call for urgent meetings of the Council to address the crisis, and we have been consistent and vocal in condemning Russian actions, calling for the immediate withdrawal of Russian forces from Ukraine, and for full humanitarian access for those in need. To date, the Security Council has met 21 times to consider the matter, including on 19 April when I personally briefed them on my visit to Ukraine earlier that month.

Ireland co-sponsored the UN General Assembly (UNGA) Resolution condemning Russia for its illegal, unjustified and unprovoked attack against Ukraine, which was adopted on 2 March (141 votes to 5, with 35 abstentions); the UNGA Ukraine humanitarian resolution, which was adopted on 24 March (140 votes to 5, with 38 abstentions); and the UNGA Resolution to suspend Russia from the Human Rights Council, which was adopted on 7 April (93 votes to 24, with 58 abstentions).

We are also active across the full multilateral system in ensuring that Russia remains isolated, including at the Council of Europe, where we worked with the EU and likeminded countries to expel Russia on 16 March.

Ireland joined over 40 States in referring the situation in Ukraine to the International Criminal Court. Ireland will provide a further €3 million in funding to the ICC, which will assist with regard to all situations before the court, including Ukraine.

We also welcomed the establishment by the UN Human Rights Council of the Commission of Inquiry on Ukraine. It is important that different accountability mechanisms in Ukraine can cooperate, within their respective mandates.

The most effective way to isolate Russia and Belarus, is by acting in coordination with our EU and international partners. To this end, on 21 March EU Foreign Ministers agreed common guiding principles for engagement with Russia and Belarus in multilateral fora.

These commit to:

- Following up on measures already taken or under consideration on suspension of Russia and Belarus’ rights of participation in international organisations and bodies and regional cooperation frameworks;

- Examining further possible similar measures across the multilateral system;

- Actively opposing the election of Russia and Belarus or Russian and Belarusian candidates;

- Acting to suspend upcoming chairmanships of working parties in international fora; Advocating against appointments of candidates to leadership positions;

- Acting to prevent Russia and Belarus from hosting international conferences, meetings, and events under UN or other multilateral instances.

Ireland engaged fully in the development of these guiding principles and has been working with our fellow EU member states to apply them on a case by case basis.

The EU approach acknowledges that taking forward specific actions requires a proper assessment of the legal possibilities in the context of the relevant procedural rules for each organisation concerned. EU coordination takes place at local level to determine the best course of action for each international body or meeting.

The Department of Foreign Affairs has a lead role when it comes to the international relations of the State but this is without prejudice to the specific responsibilities which other Departments, public bodies and organisations have with respect to the international bodies in which they participate. The Department of Foreign Affairs does not have centralised authority in this context and does not maintain an exhaustive list of all international organisations where Ireland may be represented.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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713. To ask the Minister for Foreign Affairs and Trade the steps that he has taken or intends to take in response to resolution 2436(2022) of the parliamentary assembly of the Council of Europe that was adopted on 28 April 2022; and if he will make a statement on the matter. [29983/22]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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714. To ask the Minister for Foreign Affairs and Trade if during the limited time window that remains available until September 2022 Ireland will consider bringing inter-state actions in the European Court of Human Rights against Russia bearing in mind Resolution 2436 (2022) of the Parliamentary Assembly of the Council of Europe either by joining Ukraine's existing actions or by bringing fresh actions in respect of Russia's breach of human rights in Ukraine and also in respect of Russia's repression in its own territory.; and if he will make a statement on the matter. [29984/22]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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715. To ask the Minister for Foreign Affairs and Trade if Ireland supports the creation of an International Criminal Tribunal in relation to the crime of aggression against Ukraine; and if so, the steps Ireland is taking in that regard.; and if he will make a statement on the matter. [29985/22]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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718. To ask the Minister for Foreign Affairs and Trade if Ireland will avail of the opportunity under Article 33 of the European Convention on Human Rights to refer to the European Court of Human Rights breaches of the convention and its protocols by the Russian Federation; and if he will make a statement on the matter. [29991/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 713, 714, 715 and 718 together.

Since 24 February, Ireland has worked across all international fora to provide the greatest possible support to Ukraine and to ensure Russian authorities are held to account for their actions.

In March, I supported the Committee of Ministers of the Council of Europe, of which I am now chair, in voting to expel the Russian Federation from the organisation. That decision, unprecedented in the Council’s 73-year history, reflected the strongest possible condemnation of the Russian Federation’s unjustified and unprovoked invasion of Ukraine, another Council of Europe member, and the Kremlin’s disavowal of the values, principles, and legal obligations which membership of the Council entails.

On 28 April, the Parliamentary Assembly of the Council of Europe (PACE) presented a number of additional recommendations on accountability, detailed in Resolution 2436 (2022) and referenced in the Deputy’s questions.

The Committee of Ministers is reviewing these in consultation with the European Committee on Crime Problems, the Steering Committee on Human Rights, and the Committee of Legal Advisers on Public International Law. As President, we will await the opinions of these expert bodies and deliberation within the Committee of Ministers before determining a formal response. However, drawing on my engagement with the PACE Standing Committee in Dublin on 31 May, I will note some relevant considerations regarding the proposals cited by the Deputy.

Ireland remains a steadfast supporter of the International Criminal Court (ICC). We were amongst the first states to refer the situation in Ukraine to the ICC in March and, following my visit to Ukraine in April, I announced €3 million in funding to support the ICC in the exercise of its jurisdiction there.

As the Deputy is aware, this jurisdiction extends to investigation over war crimes, crimes against humanity, and genocide, but not to the crime of aggression. Recognising this, I am sympathetic to proposals for the creation of an ad hoc tribunal for that purpose. However, I am also conscious that there are a number of significant legal and practical questions concerning the establishment and operation of such a tribunal that need to be resolved before it represents a credible option.

While exploring these with relevant authorities, my priority, as President of the Committee of Ministers, is to ensure that the Council of Europe does all it can here and now, through its existing instruments, to support Ukraine and ensure accountability for the crimes committed there.

To this end, I am firmly committed to advancing the Council’s revised Action Plan for Ukraine, as endorsed last month by the Government in Kyiv. As President, Ireland will strive to ensure its full implementation, including by way of an additional voluntary contribution of €200,000.

The European Convention on Human Rights and the European Court of Human Rights are, of course, the cornerstones of the Council of Europe’s accountability framework. Under the terms of its expulsion, Russia will remain accountable for violations of the European Convention on Human Rights committed up to 16 September 2022.

A contracting party to the European Convention on Human Rights may refer any alleged violation of the Convention or its Protocols by another party to the European Court of Human Rights. The vast majority of inter-state cases before the Court arise from regional conflicts between contracting parties.

Ukraine has already initiated an inter-state case against Russia relating to violations of the Convention arising from the invasion. Ukraine is, of course, is best placed to put evidence before the Court as to the impact of the invasion on the rights and freedoms guaranteed by the Convention. Ireland is supportive of Ukraine in these ongoing proceedings. We have also encouraged the Council Secretariat in its provision of expert advice to the Prosecutor General of Ukraine in documenting violations of the Convention. Already, in March, the European Court of Human Rights indicated a number of interim measures requiring Russia to refrain from military attacks against civilians. Further findings are expected.

I am determined to use Ireland’s Presidency of the Committee of Ministers of the Council of Europe to protect human rights in Ukraine and across the European continent. Beyond that, in Strasbourg, as in Geneva, New York, Brussels and the Hague, Ireland will continue to advocate tirelessly for effective measures to discourage violence and strengthen the prospects for peace, while ensuring accountability for its violation.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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716. To ask the Minister for Foreign Affairs and Trade if consideration will be given to introducing further sanctions legislation going beyond the sanctions currently mandated by the EU against Russia and or Belarus and or relevant actors in relation to Russia's invasion of Ukraine, for example permitting confiscation as opposed to seizure of sanctioned assets. [29986/22]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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717. To ask the Minister for Foreign Affairs and Trade if in imposing economic sanctions on Russia due to its illegal invasion of Ukraine Ireland is legally permitted to go beyond those sanctions imposed by the European Union; and if he will make a statement on the matter. [29987/22]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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719. To ask the Minister for Foreign Affairs and Trade if he intends to take steps to ensure that the assets of Russian citizens subject to targeted sanctions can be confiscated definitively in order to compensate Ukraine and its citizens for damage caused by the Russian Federation’s war of aggression; and if he will make a statement on the matter. [29993/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 716, 717 and 719 together.

Ireland implements UN sanctions, as adopted by the UN Security Council, and EU sanctions, adopted as part of the EU’s Common Foreign and Security Policy. Ireland does not have any unilateral sanctions regimes, and the Government has no plans in this regard. In common with all EU Member States, we play an active role in the development and adoption of EU sanctions. As a current member of the UN Security Council, we also participate in the Security Council's 14 sanctions committees.

Sanctions are most effective when applied in a unified and coordinated manner across multiple jurisdictions. Since the invasion of Ukraine, the EU has adopted a wide range of sanctions targeting Russia and Belarus, as part of a coordinated international response involving the US, the UK, Canada and others. These are the most extensive sanctions ever adopted by the EU, and their impact is magnified by the fact that they are being developed and introduced in cooperation with like-minded partners.

There have been calls to confiscate assets frozen under Ukraine-related sanctions, and to potentially use these assets to fund the reconstruction of Ukraine. In March, the European Commission established a 'Freeze and Seize' Task Force to ensure coordinated and effective implementation of asset freezes imposed on Russian and Belarusian individuals and entities in the context of the Ukraine war. Three sub-groups of the Task Force have been created to focus on specific issues: the first on identifying and freezing sanctioned assets and reporting on these freezes; the second on investigations into links between criminal offences and sanctions, investigations into beneficial ownership, and confiscation of assets; and the third on the creation of a common European fund to reconstruct Ukraine using confiscated assets.

Ireland is participating actively in the work of the Task Force and its sub-groups, which have collectively met a total of 18 times to date. Discussions so far suggest that assets may only be confiscated in circumstances where a crime has been committed. Further work is required to ensure a robust and clear legal basis for confiscations linked to sanctions breaches. The Department of Justice is taking a lead role on these issues.

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