I am genuinely grateful to the committee for allowing me time prior to the recess to discuss this matter. I know it was arranged at short notice, for which I apologise, but I will explain the circumstances under which the matter is before us. Committee members will be aware of the provisions of Article 29.4.6° of the Constitution which reads:
The State may exercise the options or discretions provided by or under Articles 1.11, 2.5 and 2.15 referred to in section 5° of this section and the second and fourth protocols set out in the said Treaty but any such exercise shall be subject to the prior approval of both Houses of the Oireachtas.
The treaty referred to is the Treaty of Amsterdam and the Articles specified include Article 1.11, which introduced new provisions on police and judicial co-operation on criminal matters under which the framework decision was negotiated. The intention of the constitutional provision was that certain matters in respect of which the State could exercise an option or discretion would require the approval of both Houses of the Oireachtas before the Minister could indicate agreement. These could include framework decisions.
The framework decision arose out of the Prestige disaster off the coast of Spain in 2002. A number of initiatives were proposed and-or undertaken at EU and international level in regard to maritime safety and the protection of the marine environment. Among these was a proposal published in March 2003 by the European Commission for a directive of the European Parliament and Council on ship-source pollution and the introduction of sanctions and criminal sanctions for pollution offences.
The proposal was referred for examination at official level by the Council's maritime transport working group. Member states at the maritime transport working group including Ireland, supported the objective of the proposal, but opposed the inclusion of provisions on criminal sanctions in a community instrument. Accordingly, in May 2003, the Commission proposed a parallel framework decision to strengthen criminal law framework for consideration by justice and home affairs ministers. Maritime and transport ministers, under Ireland's presidency reached political agreement on a text for the proposed directive in June 2004. This text included, inter alia, removal of prescriptive criminal sanctions.
The council formally adopted a common position in October 2004. Justice and home affairs ministers reached political agreement on the framework decision in December 2004. The European Parliament's first reading in January 2004 proposed a number of amendments to the proposed directive. In January 2005 the Parliament recommended amendments to the common position for adoption at second reading, including pre-insertion of provisions for the relevant criminal aspects. In February 2005, with a view to reaching compromise and in light of informal discussions between Parliament, the Commission and the Presidency, Council proposed a revised text that has been accepted by Parliament. The revised text includes, inter alia, references to the framework decision relating to the criminal aspect. Council undertook to adopt the framework decision at the same time as the directive. Political agreement was reached on a framework decision, subject to parliamentary reservation by five member states, including Ireland.
Approval for the measure is required from both Houses of the Oireachtas prior to its adoption. The European Parliament procedures require the directive by mid-July of this year. Oireachtas approval is accordingly required before the summer recess. At the meeting of 21 June 2005, the Government approved the submission of motions to both Houses. All other member states are in a position to lift the remaining reservations. The framework decision requires member states, inter alia, to provide that certain ship-source pollution infringements be regarded as criminal offences; to provide for effective, proportionate and dissuasive criminal penalties; to ensure the liability of certain parties and to provide a certain level of maximum penalties.
The directive and the framework decision will be required to be transposed into Irish law. The Sea Pollution Act 1991 provides for offences and sanctions, including imprisonment, for pollution from ships as set out in both instruments. The Act may require amendment following adoption of the instruments at EU level. My Department will examine this aspect in consultation with the Department of Justice, Equality and Law Reform and the Attorney General's office. I regret the short notice given to the committee but I trust it will appreciate the importance of adopting these instruments at EU level. I have no hesitation in recommending the approval of both Houses of the Oireachtas on this matter.
