Pauline Tully (Cavan-Monaghan, Sinn Fein)
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89. To ask the Minister for Enterprise, Trade and Employment if he has introduced additional controls on non-listed dual-use items because of human rights considerations; and if he will make a statement on the matter. [43586/24]

Peter Burke (Longford-Westmeath, Fine Gael)
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My Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of dual-Use goods. Controls on the export of dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The EU dual-use regulation has direct effect across the EU. The recently commenced Control of Exports Act 2023 streamlines and strengthens the existing Irish export control framework, replacing the Control of Exports Act 2008, and provides for effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions.

Each application for an export licence received by the Department is carefully reviewed against the eight assessment criteria set out in Council Common Position 2008/944/CFSP. Criterion 2 of this Common Position, outlines that an export licence application should be denied where there is a clear risk that the equipment to be exported might be used for internal repression and in addition outlines that special caution and vigilance should be exercised in issuing licences, on a case-by-case basis and taking account of the nature of the equipment, to countries where serious violations of human rights have been established by the competent bodies of the United Nations, by the European Union or by the Council of Europe.

Article 5 of the EU’s Dual-Use Regulation provides for the introduction of export controls for non-listed dual-use items intended for use in cyber-surveillance that could facilitate serious human rights violations. This includes technologies such as interception tools, spyware, or equipment that can monitor or track individuals. Exporters must seek authorisation if they are aware, or have been informed, that the items could be used in such contexts.

The Control of Exports Act 2023 provides the authority to control not only listed items but also non-listed items through "catch-all" controls. This mechanism allows Ireland to regulate exports of items not explicitly listed in the EU's Dual-Use Regulation if there are concerns about their potential end-use or end-user.

Catch-all controls are used by the Department to ensure that the export of specified items, while not on the control list, are controlled under the Dual Use Regulation. These catch-all controls apply to named companies exporting specified items and provide assurance that these items will not be used for a potential military end-use.