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A Study for Strengthening the Legal and Policy Framework For A Study for Strengthening the Legal and Policy Framework for International Disaster Response in Ireland Prepared on behalf of the Irish Red Cross by the Centre for Humanitarian Action, University College Dublin. The views expressed in this report are those of the authors and do not necessarily refl ect the views of the Irish Red Cross. This report is part of a wider study on the legal and policy frameworks of countries in the EU, carried out in conjunction with four other European National Societies, under the overall co-ordination of the International Red Cross Red Crescent Societies. This project was supported by the Civil Protection Financial Instrument of the European Union, who bear no responsibility for the content or use of the information within this report. A Study for Strengthening the Legal and Policy Framework for International Disaster Response in Ireland Glossary .....................................................................................................................................5 Abbreviations .....................................................................................................................................6 Executive Summary ................................................................................................................................7 Introduction .....................................................................................................................................8 Methodology .....................................................................................................................................9 Context ...................................................................................................................................10 1. Country profile overview ....................................................................................................10 1.1 Administration and Territorial Structure ............................................................. 11 1.2 Possible Disaster Scenarios ............................................................................. 11 2. Brief analysis of pertinent legal framework .....................................................................16 2.1 International and Regional Legal Bases for Action ............................................ 16 2.1.1 United Nations ......................................................................................... 16 2.1.3 European Union Civil Protection Mechanism ............................................ 16 2.1.4 NATO/Partnership for Peace .................................................................... 17 3. Bilateral Treaties and Agreements ....................................................................................18 Northern Ireland ....................................................................................................... 18 4. National legal system ........................................................................................................21 4.1 Internal Normative Acts on Disaster Relief ........................................................ 21 4.2. Organs and their competences: focal points, coordination of relief and information - Exchange ...................................................................................................... ........22 5. Operational Regulation in Major Emergency Settings ......................................................23 5.1 Requests for, Offers, Initiation, and Termination of Assistance .......................................23 5.2 Coordination .......................................................................................................................29 5.2.1 National focal point .................................................................................. 29 5.2.2 Coordination of relief and information exchange ....................................... 30 5.3 Personnel ................................................................................................ 33 5.3.1 Entry: Visas and work permits .................................................................. 33 5.3.2 Employment Rights and Professional Qualifications.................................. 35 5.3.3 Engagement of and collaboration with local personnel ............................. 38 5.4 Goods and equipment ........................................................................................................39 5.4.1 Customs procedures and conditions of import/export .............................. 39 5.4.2 Special issues: food, medicines, animals.................................................. 42 5.4.3 Dispositions for unused humanitarian goods ............................................ 44 5.5 Taxation ..............................................................................................................................45 5.6 Transport, Movement and Access .....................................................................................47 5.6.1 Transport ................................................................................................. 47 5.6.2 Movement/Access within Ireland .............................................................. 51 5.7 Telecommunications ..........................................................................................................53 5.8 Currency Exchange and Bank Accounts ...........................................................................54 5.8.1 Currency Exchange and Cross-border Payments ..................................... 54 5.8.2 Bank Accounts ........................................................................................ 55 3 A Study for Strengthening the Legal and Policy Framework for International Disaster Response in Ireland 5.9 Extended Hours ..................................................................................................................56 5.10 Quality and Accountability of the Affected State and of the Assisting Actors: Adequacy, .. Timeliness and Appropriateness .......................................................................................57 5.10.1 Quality and Accountability of the Host Nation ........................................... 57 5.10.2 Quality & Accountability of Assisting Actors .............................................. 59 5.11 Security & Vehicle Insurance .............................................................................................60 5.11.1 Security ................................................................................................... 60 5.11.2 Vehicle Insurance ..................................................................................... 61 6 Role of the Irish Red Cross in Disaster Management .......................................................62 7 Status of foreign military assistance, private sector assistance and individual assistance from abroad ........................................................................................................................65 7.1 Foreign military assistance ...............................................................................................65 7.2 Private sector assistance ...................................................................................................65 7.3 Individual assistance .........................................................................................................66 8 Status of foreign non-governmental humanitarian organisations ..................................67 9 Reimbursement ..................................................................................................................69 Conclusion ...................................................................................................................................70 Main Recommendations .......................................................................................................................71 Annexes ...................................................................................................................................78 Annex 1: European Union Host Nation Support Guidelines ............................................................78 Annex 2: Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance ......................................................................................................85 Annex 3: Table of Extracted Legislation ..........................................................................................98 Annex 4: Table of Relevant International Instruments .................................................................100 References .................................................................................................................................101 4 A Study for Strengthening the Legal and Policy Framework for International Disaster Response in Ireland GLOSSARY An Bord Altranais Nursing Board An Garda Síochána Police Service An Taoiseach Prime Minister Assisting Actor A State or non-governmental organisation or a person from outside the Host Nation that provides support during a disaster relief effort Córas Iompair Éireann Public Transport Company of Ireland Dáil Éireann Lower House of the Oireachtas Host Nation The Participating State in Host Nation Support which, by agreement, receives international intervention modules/teams deployed by other Participating States or other nations to cope with the consequences of a disaster or receives in-kind assistance and/or other equipment/material
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