Minister Martin publishes Cluster Munitions and Anti-Personnel Mines Bill

The Minister for Foreign Affairs, Mr Micheál Martin, T.D., has published the Cluster Munitions and Anti-Personnel Mines Bill. The Bill is intended to give effect in Irish law to the Convention on Cluster Munitions, adopted by 107 states on 30 May at a Diplomatic Conference hosted by the Government in Croke Park.

Announcing the publication, Minister Martin said:

“Following our very successful International Cluster Munitions Conference in May at Croke Park, I decided that, in order to give effect to our words, we should set the immediate goal of doing what is necessary nationally to allow ourselves to ratify and give effect to the Convention at the earliest possible opportunity.  I am delighted therefore to now publish the Cluster Munitions and Anti-Personnel Mines Bill, with the aim of enacting the Bill before the Convention signature ceremony in Oslo on 3 December.

In implementing the Convention, the Bill will create offences in relation to the use, development, production, acquisition, stockpiling, retention or transfer of cluster munitions and explosive bomblets. The opportunity is also being taken to make similar provision in relation to anti-personnel mines in order to improve provision for the implementation of the Anti-Personnel Mine Ban Convention. In order to make clear our intent, the Government will also introduce an additional provision dealing with investment by state bodies in any producer of cluster munitions or anti-personnel mines.

In being among the very first states to implement the Convention on Cluster Munitions, Ireland will be continuing to play a significant role in developing a new and effective norm of international humanitarian law aimed at ending the suffering caused by the use of cluster munitions.”

Note for Editors:

The Convention on Cluster Munitions was adopted at the end of a two week Diplomatic Conference hosted by the Government in Dublin from 19 to 30 May of this year. The Convention: (i) prohibits the use, production, acquisition, retention, stockpiling and transfer of cluster munitions; (ii) requires States Parties to the Convention to destroy all stockpiles of cluster munitions and clear all cluster munition contaminated areas within specified deadlines and (iii) makes far reaching provision for assistance to victims of cluster munitions. The International Committee of the Red Cross has warmly welcomed the Convention as an historic agreement that will establish a new norm of international humanitarian law that is likely to have an effect on the practice of all States, even those which are not yet ready to adhere to it formally.

Cluster Munitions

Subject to section 7, Section 6 of the Bill criminalises the use, development, production, acquisition, possession, retention or transfer of a cluster munition or an explosive bomblet, in accordance with the obligations imposed on states parties to the Convention on Cluster Munitions.  It will also be an offence to assist, encourage or induce the commission of such an offence.  Any such act committed outside the State on board an Irish ship or aircraft, or by a member of the Defence Forces, will also be an offence. 

In accordance with the Convention, Section 7 permits certain acts that might otherwise be offences under Section 6, namely the retention or acquisition of a limited number of cluster munitions or explosive bomblets for development of and training in the detection, clearance and destruction of these munitions, or for the development of counter-measures. It also makes provision for their possession in the context of criminal investigations or proceedings and their transfer to the Defence Forces or to another State Party for the purposes of their destruction. Provision is also made to enable the Defence Forces to participate in United Nations peacekeeping forces with a state that may not be party to the Convention on Cluster Munitions, in accordance with Article 21 of that Convention.

Anti-Personnel Mines

Subject to Section 10, Section 9 of the Bill criminalises the use, development, production, acquisition, possession, retention or transfer of an anti-personnel mine, in accordance with the obligations imposed on states parties to the Anti-Personnel Mine Ban Convention.  It will also be an offence to assist, encourage or induce the commission of such an offence.  Any such act committed outside the State on board an Irish ship or aircraft, or by a member of the Defence Forces, will also be an offence.

In accordance with the Anti-Personnel Mine Ban Convention, Section 10 permits certain acts that might otherwise be offences under Section 9, namely the retention or acquisition of a limited number of anti-personnel mines for development of and training in mine detection, mine clearance or mine destruction techniques. It also makes provision for their possession in the context of criminal investigations or proceedings and their transfer to the Defence Forces or to another State Party for the purposes of their destruction.

The Programme for Government commitment states:

“This Government will campaign for a complete ban on the use of cluster munitions. In the absence of a full ban we will seek agreement on an immediate freeze on the use of cluster munitions pending the establishment of effective international instruments to address humanitarian concerns regarding their use.” 

The Bill and its accompanying Explanatory Memorandum will be available on the web sites of the Oireachtas and the Department of Foreign Affairs – www.oireachtas.ie and www.dfa.ie.

Ends+++
Press Office
24 October 2008