Carol Nolan (Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

183. To ask the Minister for Foreign Affairs and Trade the reason the agreement between the State and Hong Kong in relation to the surrender of fugitive offenders, which entered into force on 14 January 2009, was suspended by his Department on 15 October 2020; and if he will make a statement on the matter. [8973/25]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In June 2020, Hong Kong introduced a new National Security Law which raised concerns about erosion of rights and freedoms; about the lack of safeguards and clarity in the law; and about its extraterritorial provisions. This law was followed by changes to Hong Kong's electoral system in March 2021; and a subsequent domestic national security law introduced in 2023 under the Basic Law (Hong Kong’s mini-constitution). Taken together, all these legislative changes have had the effect of changing the electoral system in Hong Kong, broadening the definition of crimes such as treason, sedition and collusion with foreign forces, and allowing for trials to be held behind closed doors. Such legislation is a clear movement by authorities to put pressure on the fundamental freedoms, democratic principles and the political pluralism that are central to Hong Kong’s identity and prosperity.

On 28 July 2020, in response to the introduction of the new National Security Law in Hong Kong, the Council of the European Union adopted Council Conclusions restating the EU’s support for Hong Kong’s high degree of autonomy under the “One Country, Two Systems” principle and expressing its solidarity with the people of Hong Kong. The Conclusions set out a coordinated package of measures in various fields, including asylum, migration, visa, and residence policy; controls on exports of specific sensitive equipment and technologies for end use in Hong Kong; and the operation of Member States’ extradition arrangements and other relevant agreements with Hong Kong.

In line with these Conclusions and in parallel with similar actions by EU partners, in October 2020 the Government decided to suspend Ireland’s Extradition Agreement with Hong Kong. This clearly signals Ireland’s concerns in relation to the rule of law in Hong Kong and the erosion of judicial independence promised under the One Country Two Systems principle. Similar actions on extradition agreements were taken by Finland, France, Germany and the Netherlands.

Ireland remains deeply concerned about human rights in China, including the situation in Hong Kong, and raises these both in bilateral meetings, and in multilateral fora. Most recently, I raised these concerns with Chinese Foreign Minister Wang Yi, when he visited Dublin on 17 February.

Along with our EU partners, Ireland will continue to monitor the situation in Hong Kong, including ongoing trials there, and will raise our concerns with Chinese authorities at both the bilateral and multilateral level.

Carol Nolan (Offaly, Independent)
Link to this: Individually | In context | Oireachtas source

184. To ask the Minister for Foreign Affairs and Trade the reason extradition treaties are required to be laid before Dáil Eireann; and if he will make a statement on the matter. [8974/25]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Article 29.5.1° of the Constitution provides that all international agreements are to be laid before Dáil Éireann upon their entry into force with respect to the State. The Department of Foreign Affairs arranges for the laying of international agreements following their entry into force with respect to Ireland. While an exception is provided in Article 29.5 for international agreements that are of a technical and administrative character, it is the practice of the Department to lay such agreements also.

In addition, Article 29.5.2° of the Constitution separately provides that the State shall not be bound by any international agreement that imposes a charge upon public funds unless the terms of the agreement have first been approved by Dáil Éireann. As an exception, Dáil approval is not required where the agreement is of a technical and administrative character. Accordingly, where an international agreement, including an extradition treaty, is considered to impose a charge upon public funds and not to be of a technical and administrative character, it is necessary to obtain a Dáil motion approving its terms before the State consents to be bound by it.