New restrictions on sale of cattle prods to foreign countries

The Government is to impose restrictions on the sale of electric cattle prods, which are alleged by human rights groups to be…

The Government is to impose restrictions on the sale of electric cattle prods, which are alleged by human rights groups to be used as instruments of torture in China, Africa and elsewhere.

The Attorney General, Mr Rory Brady, is currently examining a draft statutory order prepared under the 1983 Export Control Act by the Department of Enterprise, Trade and Employment.

Amnesty International and Human Rights Watch have repeatedly alleged that repressive regimes are consistently using the electric prods against their own people. Currently, there are no restrictions imposed on the export of the cattle prods.

Meanwhile, the Department is to create new controls later this year to govern the export of military and so-called "dual use" goods, which can be used by both military and civilian customers.

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Last year, companies such as Iona Technologies, Xilint and Analog Devices received licences from the Department to export €26m worth of equipment to international military forces.

Up to now, companies have had to get licences to sell cryptographic software, sophisticated integrated circuits, microwave technologies and even the sale of digital computers to some markets.

Under the existing rules, licences are only awarded if the Government is certain of who will be the final user of the equipment: the so-called "end user".

In addition, exports of equipment that can be used in weapons of mass destruction are banned, as are sales to countries covered by arms embargoes, such as China, Zimbabwe and the Sudan.

Meanwhile, restrictions can be imposed on sales to countries such as India and Pakistan, which are listed unofficially as "countries of concern".

Last year, the Department of Enterprise, Trade and Employment rejected eight licence applications by unnamed companies, while 25 were rejected in the previous 12 months.

Penalties for breaches will be increased substantially from the existing €10,000, while departmental officers will have powers to inspect and audit companies exporting military goods.

Though the new rules will be tighter in some areas, they would not have blocked any of the contracts approved in recent years, a departmental official said last night.

The legislation, said Minister of State, Mr Michael Ahern, followed an inquiry carried out last year for Forfás to recommend measures to "modernise and strengthen" existing powers.

"The introduction of this new legislation ensures that Ireland meets its EU and international obligations in full, and equally ensures that its procedures are not overly-restrictive as to make Ireland an unattractive location by international standards for mobile activity in legitimate industries, including the production and export of controlled dual-use goods for civilian purposes," Minister Ahern said.

The new legislation may also have to redefine the legal definition of "export", to ensure that software delivered via e-mail, or facsimile is covered, the Department of Enterprise said last night.

It will ensure that the State can regulate the activities of Irish-based arms dealers, though there is no information to suggest that any company, or individual is trading at the moment. An allegation that a Cork-based firm was involved in arms sales to the Ukraine and South Africa was investigated by the Department and found to be untrue.

In 2001, the State awarded licences to companies to sell militarily-useful equipment to Singapore, Taiwan, the UAE, Nigeria, Israel, India, Croatia, Saudi Arabia, Turkey, Dominican Republic, Indonesia, Kazakhstan, Malaysia, South Korea, Russia, Central African Republic, Cuba, El Salvador and others.

Speaking on IT companies last night, Ms Kathryn Raleigh, of ICT Ireland, said the State already keeps a very close eye on the situation, though the industry had no problem with sensible changes to existing legislation.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times