Stephen Donnelly (Wicklow, Fianna Fail)
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I thank the Deputy for his query in relation to the ongoing negotiations with regarding the proposed Pandemic Agreement (WHO CA+) at the World Health Organisation.

The COVID-19 pandemic demonstrated that the global status quo in terms of pandemic preparedness and response is not adequate and requires revision. As such, Ireland strongly supports a multilateral approach to global health issues with the World Health Organisation (WHO) in a central leadership role.

On 1 December 2021, the members of the World Health Organisation (WHO) reached consensus to begin the process to negotiate a convention, agreement, or other international instrument to strengthen pandemic prevention, preparedness, and response, commonly known as the Pandemic Agreement. Ireland supports this WHO-led process to negotiate a binding legal instrument on pandemic preparedness and response. The aim of such a Pandemic Agreement is to protect public health and to help save lives in the event of future pandemics.

An Intergovernmental Negotiating Body (INB) was established and met for the first time on 24th February 2022. The INB has met seven times to date and is currently meeting this week, to progress work on drafting this agreement. A progress report was delivered to the 76th World Health Assembly in May 2023, and it is anticipated that the instrument will be adopted in May 2024.

In relation to the Deputy’s question as to whether the Government intends to be a signatory to the WHO Pandemic Agreement, as the proposed instrument is currently being negotiated, it is not possible to determine the precise legal ramifications of this instrument, or what form the final instrument shall take. These negotiations are due to conclude in May 2024. Once concluded, the draft of the WHO Pandemic Agreement will be presented to Cabinet for Government agreement before adoption.

As provided for in the Irish 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.

In relation to the Deputy’s question on holding a referendum, the requirements of the Irish Constitution will, of course, be respected in Ireland’s position towards the agreement and my Department will engage with the Office of the Attorney General in relation to any concerns that may arise in this regard.