I thank the Deputy for his query in relation to the World Health Organisation Pandemic Treaty (WHO CA+) and the ongoing process of amending the International Health Regulations (2005) (IHR).
The COVID-19 pandemic demonstrated that the global status quo in terms of pandemic preparedness and response is not adequate and requires revision. As pandemic type diseases are not contained by country borders, 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 Treaty.
Ireland supports this WHO-led process to negotiate a binding legal instrument on pandemic preparedness and response. The aim of such a Pandemic Treaty 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, with its eight-meeting scheduled to take place from 19th February to 1st March, to progress work on drafting this agreement. A progress report was delivered to the 76th World Health Assembly in May 2023, and negotiations are continuing towards presenting a final agreed text for adoption at the 77th World Health Assembly in May 2024.
The purpose and scope of the International Health Regulations (2005) (IHR) is to prevent, protect against, control, and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade. These Regulations provide inter alia, the basis within international law, for the setting up of reporting structures for the monitoring and reporting of issues relating to infectious diseases, particularly where they may pose an international threat.
In relation to the Deputy’s query on holding a constitutional referendum to ascertain the views of the people on the WHO Pandemic Treaty and the amendments to the IHR (2005); I wish to inform the Deputy that the proposed instruments are currently still in negotiation, and it is not possible at this time, to determine the precise legal ramifications of the instruments, nor has it been determined what form the instruments shall take. These negotiations are due to conclude in May 2024. Once concluded, the final text of the amendments to the IHRs and the WHO Pandemic Treaty will be presented to Cabinet for approval 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. Article 6(2) of the Irish Constitution that the Deputy has referenced, confirms that the ‘… powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.’ In practice, this means that Government approval must be sought for the signature, ratification, or approval of any international agreement.
The requirements of the Irish Constitution will, of course, be fully 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 that regard.
