Stephen Donnelly (Wicklow, Fianna Fail)
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I thank the Deputy for his query in relation to the World Health Organization Pandemic Agreement (WHO CA+).

The COVID-19 pandemic demonstrated that the global status quo in terms of pandemic preparedness and response is not adequate and requires revision. It also demonstrated the cross border nature of a pandemic and that States need to work collaboratively in managing their response to such a threat. As such, Ireland strongly supports a multilateral approach to global health issues with the World Health Organization (WHO) in a central leadership role.

On 1 December 2021, the members of the World Health Organization (WHO) reached consensus to begin the process of negotiating 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 which 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 to progress work on the drafting of this agreement, with the most recent meeting taking place in December 2023. Following a progress report, which was delivered to the 76th World Health Assembly in May 2023, it is anticipated that the Pandemic Agreement will be adopted in May 2024.

In relation to the Deputy’s query regarding the latest draft of the WHO Pandemic Treaty, on 16^thOctober 2023, the INB Bureau circulated a proposal for the ‘Draft Negotiating Text’ of the Agreement. This working draft of the Pandemic Agreement, the ‘Draft Negotiating Text’, is freely accessible through the website of the World Health Organization (A/INB/7/3). A copy of the text can be found at this link: who.int/gb/inb/pdf_files/inb7/A_INB7_3-en.pdf . While this text has formed the basis for negotiation, it is anticipated that the INB Bureau will propose an updated text to the Drafting Group in the coming weeks.

Officials in my Department continue to lead on the coordination of Ireland’s position with respect to the negotiation of the WHO Pandemic Agreement, working closely with Ireland’s Permanent Representation to the UN in Geneva, and engaging with the relevant policy units in the Department of Health and other Government Departments and Agencies, as well as EU partners on this matter.

In relation to the Deputy’s query regarding the impact of the Pandemic Agreement on Irish sovereignty, officials in my department have noted increasing levels of mis- and disinformation circulating with respect to this topic. It is important to note that sovereignty stands as one of the key guiding principles of the proposed ‘Draft Negotiating Text’ of the Pandemic Agreement. Additionally, the powers of the WHO are confined to undertaking international health work and the organisation does not hold jurisdiction over national health work, which remains within the sovereign domain of each State, as does the right of a sovereign state to ratify, or not to ratify, the WHO Pandemic Agreement.

In relation to the Deputy’s question as to whether the Government intends to be a signatory to the WHO Pandemic Agreement, as the negotiation of the proposed instrument is still underway, it is not currently 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 final 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. 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.