I move:—
That the Dáil approves of the Convention on the Intergovernmental Maritime Consultative Organisation signed at Geneva on the 6th March, 1948, a copy of which was laid on the Table of the Dáil on the 3rd March, 1949.
The Convention on the Intergovernmental Maritime Consultative Organisation was drawn up by a conference held in Geneva from the 19th February to the 6th March, 1948. The conference was called by the Economic and Social Council of the United Nations for the purpose of creating a permanent intergovernmental organisation to deal with technical questions in fields of shipping. All members of the United Nations and a number of other countries, including Ireland, Portugal and Switzerland, received invitations to the conference. Thirty-six countries accepted the invitation and were represented by delegates or observers. Ireland was among the countries represented by a delegation. The convention was adopted on the 6th March, 1948, and signed by the representatives of 20 countries, including Ireland. Signature was given in each case subject to acceptance.
The convention has not yet entered into force. Article 60 provides that it shall do so when 21 States, including seven States each with a total shipping tonnage of 1,000,000 gross tons or more, have become parties to it. A State may become party to the convention by signature without reservation as to acceptance, or by acceptance where such State has either not signed the convention or signed it subject to acceptance. Acceptance of the convention by a State not invited to the conference is, however, conditional on its application for membership of the organisation set up by the convention being approved by two-thirds of the members. A member may withdraw from the organisation on 12 months' prior notice at any time after the convention has been in force for one year.
Article 52 provides that amendments to the convention may be made by a two-thirds majority vote of the assembly of the organisation, such majority to include a majority of the members represented on the council. A member which does not accept an amendment is not bound by it but may in that case, in the event of the assembly so desiring, cease to be a party to the convention within 12 months after the amendment has entered into force.
The purposes of the organisation established by the convention are set out in Article 1. They are:—
(1) To provide machinery for cooperation among Governments in technical matters affecting international shipping.
(2) To encourage the adoption of the highest practical standard in the matter of maritime safety and efficiency of navigation.
(3) To encourage the removal of discriminatory action and unnecessary restrictions by Governments in international shipping.
(4) To provide for consideration of matters concerning unfair restrictive practices by shipping concerns.
(5) To provide for the consideration of matters concerning shipping referred to the organisation by any United Nations organ or specialised agency.
(6) To provide for the exchange of information on shipping matters amongst Governments.
It is to be noted that Article 1 (b) lays down that "assistance and encouragement given by a Government for the development of its national shipping and for purposes of security does not in itself constitute discrimination, provided such assistance and encouragement is not based on measures designed to restrict the freedom of shipping of all flags to take part in international trade". It is to be noted, on the other hand, that Article 4 provides that before the organisation shall consider a question involving unfair restrictive practices by shipping concerns an effort shall be made to settle the point through the normal processes of international shipping business, and direct negotiations on the subject shall take place between the members concerned.
The organisation established by the convention is composed of four main bodies, viz., the assembly, the council, the secretariat and a maritime safety committee. The assembly consists of all members and is to hold regular sessions once every two years. The council is to consist of 16 members appointed for a period of two years, of which six are to be Governments of the countries with the largest interest in providing international shipping services, another six the Governments of countries with the largest interest in international seaborne trade; two are to be elected by the assembly from among the countries having a substantial interest in providing international shipping services, and the remaining two are to be elected by the assembly from among the countries having a substantial interest in seaborne trade. The countries comprised in these different categories are to be defined by the council.
The first council, however, is to consist of 12 members designated by the conference for the purpose and of four members to be elected by the assembly from panels nominated by those 12. The secretariat shall consist of a secretary general appointed by the council with the approval of the assembly and of staff appointed by the secretary general in accordance with the conditions laid down by the council. The maritime safety committee shall consist of 14 members elected by the assembly for a period of four years. Not less than eight of its members shall be the largest ship-owning nations and the remainder shall be elected so as to ensure active representation of countries with an important interest in maritime safety.
The assembly is the sovereign body of the organisation. The council will conduct the business of the organisation between sessions of the assembly. The maritime safety committee will be concerned with all matters relating to the safety of life at sea, including aids to navigation, construction and equipment of vessels, rules for the prevention of collisions, salvage and rescue, etc. Each member of the organisation shall have one vote. Provision is made for associate membership on the part of territories not responsible for the conduct of their international relations.
The organisation, like all specialised bodies of a similar category, such as the International Labour Organisation, the International Civil Aviation Organisation, the World Health Organisation, is to be brought into relationship with the United Nations by means of a special agreement. It is to enjoy the legal capacity, privileges and immunities normally accorded to such specialised organisations.
The conference at which the convention was drawn up decided to establish a preparatory committee pending the entry into force of the convention. The preparatory committee was to perform a number of functions, including the convocation of the first session of the assembly within three months of the entry into force of the convention, the preparation of a scale of contributions by members to the expenses of the organisation and the conduct of negotiations with the United Nations for the preparation of an agreement to bring the Maritime Organisation into relationship with the United Nations. This committee consists of the 12 States which have been appointed to the council for the first period, as set out in an appendix to the convention printed in the White Paper.
The convention has not yet been accepted by any country and is not, therefore, in force. The preparatory committee has also not completed the work entrusted to it. It is not, therefore, possible to indicate at this stage the amount of our contribution to the organisation. It is probable, however, that it will be relatively small. The point was stressed at the conference that the expenses of the organisation should be kept as low as possible. It is likely, on the other hand, that the proposed scale of contributions will be based on the tonnage owned by each of the members. As our total tonnage is small our share of the expenses of the organisation would be accordingly small.
The main reason why it was decided to establish the Intergovernmental Maritime Consultative Organisation was that there was a general feeling among shipping countries that it would be advisable to provide for the international regulation of such an important economic activity as shipping. As Deputies are aware, the need for international regulation in various fields has been increasingly felt in recent years. Although it has developed rapidly during the last 20 years or so, this tendencey is, of course, not new. The International Postal Union, established in the last century, is a good instance of the application of the principle.
In recent years we have seen the establishment of an international organisation to deal with civil aviation and the preparation of a charter for the establishment of an international trade organisation. Although there have, of course, been international instruments dealing with various aspects of shipping and navigation (in particular for the safety of life at sea) there has not hitherto been any instrument providing for the international regulation of shipping generally. The present convention is an attempt to fill this gap. While the functions of the organisation are advisory and consultative, it will, nevertheless, provide a forum in which to discuss questions relating to shipping practices and standards. It should, therefore, play a useful role not only from the point of view of the maintenance of fair and non-discriminatory practices in the business of shipping but also from the point of view of ensuring reasonable standards for the men engaged in operating ships. The functions of the organisation in the matter of eliminating discriminatory action and restrictions by Governments in international shipping are of considerable importance. The rôle of the organisation in relation to the elimination of discriminatory practices on the part of shipping companies is limited in a certain degree. It is to be hoped, however, that its powers may suffice to redress the more glaring injustices in this field such as the efforts of the so-called "shipping conferences" to exclude young fleets from certain areas of sea traffic.
Ireland has a double interest in an organisation dealing with international shipping. As an island we are directly dependent on shipping for our exports and imports. We have, therefore, a definite interest in seeing that facilities for transport by sea are available in reasonable conditions. We have also for some time past been developing an independent merchant fleet. If this development is to thrive we must have safeguards against discriminatory shipping practices on the part of both Governments and shipping companies. Membership of the organisation should help us to attain both these ends. I, therefore, hope that the Dáil will approve acceptance on behalf of Ireland of the convention establishing the Intergovernmental Maritime Consultative Organisation.