Dáil Éireann debate -
Thursday, 22 Mar 2001

Vol. 533 No. 2

Ceisteanna–Questions. Priority Questions. - Statute Ratification.

Jim O'Keeffe

Question:

1 Mr. J. O'Keeffe asked the Minister for Foreign Affairs the reason the Rome Statute of the International Criminal Court, signed by the Government two and a half years ago, has not yet been ratified; his views on whether this delay is appropriate for a country which, with other member states of the European Union, has called on all states to sign and ratify the statute as a matter of priority; and if he will confirm that the Government will either adopt the Fine Gael Bill or circulate a Government Bill on the issue immediately. [8095/01]

Minister for Foreign Affairs (Mr. Cowen)

The Government has been advised by the Attorney General that an amendment to the Constitution is required before the State may ratify the Rome Statute of the International Criminal Court. At a meeting held on 22 January last, the Government agreed that preparations should be put in train in respect of the referendum to be held in relation to the court. I arranged for the drafting of a Bill to amend the Constitution last year. This has recently been completed by the Office of the Parliamentary Counsel and it is intended to seek approval for the text of the Bill at the Government's meeting on 27 March. Subject to Government approval, it will be presented to the Dáil shortly thereafter.

The speedy ratification of the statute has been given a high priority by my Department. I am sure that the Deputy will agree that an amendment to the Constitution is an issue to which significant consideration should be given. In connection with the ratification process, apart from the need to amend the Constitution and, therefore, the need for a referendum approving such an amendment, implementing legislation will be required in order for Ireland to be in a position to meet its obligations under this very complex statute. This legislation falls within the area of responsibility of the Minister for Justice, Equality and Law Reform. Only when such legislative measures are in place may the State ratify the statute.

Mr. J. O'Keeffe

My purpose in tabling the question was not to oppose the ratification of the Rome Statute of the International Criminal Court. I favour ratification to the extent that I drafted and circulated a Bill on behalf of the Fine Gael Party. Why has it taken so long to begin the ratification process? The statute was agreed in Rome in July 1998 and signed a few months later. Does the Minister accept that, as one of the countries pressing for the statute to be adopted, there is an onus on us to complete the ratification process with the minimum of delay?

Mr. Cowen

The general situation regarding the ratification process is that the statute shall enter into force approximately 60 days after the sixtieth ratification. A total of 139 states signed the statute by 31 December 2000, the closing date for signature, while 29 states have ratified and acceded to the statute to date. This means that a further 31 states must ratify the statute before it can come into force. Early ratification of the statute is a priority for all member states of the European Union. To date, Austria, Belgium, Finland, France, Germany, Italy, Luxembourg and Spain have ratified the statute. By reason of the requirement for a constitutional amendment, the matter needs detailed consideration. It is the intention of the Government to place it before the people with other issues, including the Treaty of Nice. The Bill will be placed before the Government next week after which it will be debated. It has been accorded a high priority and we have done the necessary work for a debate to take place in the House shortly.

Mr. J. O'Keeffe

With other member states of the European Union, Ireland sought the statute and agreed to ratify it an early stage. We also called on other states to ratify it in order that we could set an example in getting the court up and running. This cannot be done until 60 states have ratified the statute. Approximately half have done so. Would this not have been an incentive to Ireland to show example, especially when the country campaigned to become a member of the UN Security Council? Does the Minister accept that a wait of two and a half year indicates that the issue was not receiving priority?

Mr. Cowen

Of the 139 countries to sign the statute, only 29 have ratified or acceded to it. We have a written Constitution and the statute requires a referendum. Other states, simply, had to enact legislation. Some still have that option, but have not completed that requirement. From our point of view, a more basic issue is involved, a referendum. If it was to be taken in isolation from other issues, the referendum could have been held, but it is the Government's view that we can meet our obligations in reasonable time by reason of having the statute put to a refer endum at the same time as other issues. It is a matter of judgment and tactics. The international community is aware that this is our intention. We have flagged it as such and if it is agreed to hold referenda in the summer, I hope the referendum on this issue will be passed. It will then fall to the Oireachtas to introduce the implementing legislation.