The purpose of this part of the meeting is to consider the Sea Pollution (Miscellaneous Provisions) Bill 2003. The Bill was referred to Select Committee by Dáil Éireann on 3 May 2006. I formally welcome the Minister of State at the Department of Transport, Deputy Gallagher, and his officials. I propose that the committee sit until consideration of the Bill is concluded. Is that agreed? Agreed.
SECTION 1
Amendments Nos. 1, 4, 8 and 9 are related and amendment No. 2 is alternative to amendment No. 1. Amendments Nos. 1, 2, 4, 8 and 9 will be discussed together. Is that agreed? Agreed.
I move amendment No. 1:
In page 5, lines 35 to 39, to delete subsection (2) and substitute the following:
"(2) This Act comes into operation immediately on its passing into law.".
This amendment aims to ensure that there will be no delay in the commencement of the legislation once it has been passed by the Dáil and signed by the President. There is no point in postponing it because, as matters stand, it is quite late. As has been stated, it was postponed for a number of years and the sooner we enact it, the better.
Subsection (2) is a standard provision that enables the Minister, by order, to commence the provisions of the Act. Accepting Deputy Olivia Mitchell's amendment would not alter this in any way. It does not add anything to the Bill. Without provision for commencement, an Act automatically comes into operation immediately.
Will it come into operation immediately?
Yes.
I move amendment No. 2:
In page 5, subsection (2), line 36, to delete "Minister for Communications, Marine and Natural Resources" and substitute "Minister for Transport".
This arises on foot of the transfer of functions from the Minister for Communications, Marine and Natural Resources to the Minister for Transport.
Amendments Nos. 3 and 42 are related and will be discussed together.
I move amendment No. 3:
In page 6, subsection (3), lines 5 to 8, to delete paragraph (b).
Amendment No. 3 follows the deletion of sections 37 and 38, which dealt with amending the Merchant Shipping Act 1992. That Act was already amended in the Maritime Safety Act 2005. Amendment No. 42 also follows the deletion of sections 37 and 38.
I move amendment No. 4:
In page 6, lines 9 and 10, to delete "Minister for Communications, Marine and Natural Resources" and substitute "Minister for Transport".
This amendment also refers to the transfer of functions from the Minister for Communications, Marine and Natural Resources to the Minister for Transport.
Amendments Nos. 5 and 6 are related and will be discussed together.
I move amendment No. 5:
In page 6, subsection (1), line 22, after "2001" to insert the following:
", the text of which in the English language (including the Annex to it) is set out in the Schedule”.
This amendment is technical in nature and is designed to facilitate easier reading of the Bill. The text indicating where the text of the convention may be found should appear in the definition rather than in section 7. If this is accepted by the Minister of State, section 7(2) must be deleted.
As a layperson, I see no great difficulty with this. However, the legal advice of the Parliamentary Counsel is that the provision included in the Bill is how it should be done.
I move amendment No. 6:
In page 6, subsection (1), line 34, to delete "Council Regulation (EC) No. 44/2201" and substitute "Council Regulation (EC) No. 44/2001".
This amendment corrects a typographical error.
Amendments Nos. 7 and 10 are related and will be discussed together.
I move amendment No. 7:
In page 6, subsection (1), lines 37 to 39, to delete all words from and including " "functions" " in line 37 down to and including "duties;" in line 39.
This provides for the deletion of the definition of functions, hitherto a standard provision in Bills of this nature. The Department's advice is that this is no longer necessary in view of the Interpretation Act 2005. Amendment No. 10 is tabled for the same reason.
I move amendment No. 8:
In page 7, subsection (1), line 9, after "Minister" to insert "for Communications, Marine and Natural Resources".
This amendment deals with a transfer of functions from the Department of Communications, Marine and Natural Resources to the Department of Transport.
I move amendment No. 9:
In page 7, subsection (1), lines 35 and 36, to delete "Minister for Communications, Marine and Natural Resources" and substitute "Minister for Transport".
This amendment also deals with a transfer of functions from the Department of Communications, Marine and Natural Resources to the Department of Transport.
I move amendment No. 10:
In page 8, lines 18 to 29, to delete subsection (4).
We noticed an error in the text shortly before this meeting began. In the definition of "State Party", the reference to section 3 should read section 4. Following discussion with the Bills Office, it is proposed to introduce a correcting amendment on Report Stage. I am anxious to advise the committee of this.
I move amendment No. 11:
In page 8, subsection (1)(a), line 32, after “and” to insert “, for the purposes of any legal proceedings,”.
In the absence of adding the clause "for the purpose of any legal proceedings", the Minister could, in theory, have the power to declare that countries that were not party to the convention were party to it. That is how it reads. The purpose of the amendment is to avoid ambiguity. The section states that the Minister may, by order, declare that any state specified in the order is a state party to the convention and that such an order shall be evidence that state is a state party to the convention.
If we accepted this amendment, it would only apply to conventions for legal reasons. Application of the convention covers all aspects of implementation, not merely legal proceedings that may arise. As it stands, the Bill is all-embracing. If we accept the amendment, it would focus only on legal proceedings.
It is ambiguous. The section implies that the Minister can nominate states to be party to the convention.
The Minister has no discretion in this. It is based on what is provided for by the International Maritime Organisation.
Is that part of the directive being transposed?
Yes.
Amendment No. 13 is an alternative to amendment No. 12 and amendment No. 14 is related. We will, therefore, discuss amendments Nos. 12 to 14, inclusive, together.
I move amendment No 12:
In page 8, lines 42 and 43, and in page 9, lines 1 to 7, to delete subsection (2).
This follows the deletion of a similar provision in the Sea Pollution (Hazardous Substances) (Compensation) Act of 2005 and is in line with proposals made by Senators on Committee Stage and recommended by the Office of the Parliamentary Counsel. Amendment No. 13, tabled by Deputy Shortall, provides for the deletion of section 5(2). The full section 5(2) has been deleted on the recommendation of the Parliamentary Counsel. This is also in line with proposals made by Senators on Committee Stage. Deputy Shortall's amendment is not, therefore, applicable.
I move amendment No. 14:
In page 9, before section 6, to insert the following new section:
"6.—Regulations under section 5 shall establish an area of special environmental protection in the waters within the jurisdiction of the State including waters lying within 200 nautical miles of the baselines established pursuant to the Maritime Jurisdiction Act 1959 or lying above the continental shelf of the State.”.
This amendment provides for the insertion of a new section 6, with regulations to be made under section 5, to establish an area of special environmental protection within the jurisdiction of the State, including waters lying within 200 nautical miles of the baselines established pursuant to the Maritime Jurisdiction Act of 1959 or lying above the continental shelf of the State. This Part of the Bill deals with the bunkers convention and, as such, is not the appropriate place to include such a provision. This provision is not necessary because the area has already been declared a special area under S.I. 642 of 2002, amending S.I. 44 of 1994 which gave effect to annexe 1 of the MARPOL Convention. Under S.I. 642, north-west European waters are added to the list of special areas. The principle of Deputy Shortall's amendment is, therefore, already covered.
Amendments Nos. 22 to 28, inclusive, 30, 31, 33 to 38, inclusive, and 41 are related and will be discussed together.
I move amendment No. 22:
In page 26, paragraph (a), line 30, to delete "organisms;"," and substitute "organisms;".
I move amendment No. 23:
In page 26, paragraph (a), between lines 30 and 31, to insert the following:
"‘ballast water' means water with its suspended matter taken on board a ship to control trim, list, draught, stability or stresses of the ship;
‘ballast water management' means mechanical, physical, chemical, and biological processes, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of harmful aquatic organisms and pathogens within ballast water and sediments;
‘BWM Convention' means the International Convention for the Control and Management of Ships' Ballast Water and Sediments 2004 done at London on 13 February 2004;",".
I move amendment No. 24:
In page 26, paragraph (b), line 33, to delete “Convention or” and substitute “Convention,”.
I move amendment No. 25:
In page 26, paragraph (b), line 33, after “systems” to insert “or ships’ ballast water and sediments”.
I move amendment No. 26:
In page 26, paragraph (b), line 34, to delete “and”.
I move amendment No. 27:
In page 26, between lines 36 and 37, to insert the following:
""'harmful aquatic organisms and pathogens' means aquatic organisms or pathogens which, if introduced into the sea, including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas;".
I move amendment No. 28:
In page 26, paragraph (c), line 37, to delete ““‘hazardous” and substitute “‘hazardous”.
I move amendment No. 30:
In page 27, paragraph (c), line 13, to delete “1999;”” and substitute “1999;”,”.
I move amendment No. 31:
In page 27, between lines 13 and 14, to insert the following:
"and
(d) by inserting, after the definition of “related interests”, the following definition:
"‘sediments' means matter settled out of ballast water within a ship;'.".
I move amendment No. 32:
In page 28, before section 36, to insert the following new section:
"36.—The Act of 1991 is amended by inserting the following new Part after Part III:
"PART IIIA
ACTS OF EUROPEAN COMMUNITIES
28A.—(1) The Minister may make regulations to give effect to any act adopted by an institution of the European Communities in respect of any matter referred to in Part II or III.
(2) A person who contravenes a regulation under this section shall be guilty of an offence.".".
I move amendment No. 33:
In page 28, paragraph (a), line 19, to delete “Convention or” and substitute “Convention,”.
I move amendment No. 34:
In page 28, paragraph (a), line 19, after “systems” to insert “or ships’ ballast water and sediments”.
I move amendment No. 35:
In page 28, paragraph (b), line 23, to delete “Convention and” and substitute “Convention,”.
I move amendment No. 36:
In page 28, paragraph (b), line 23, after “systems” to insert “and ships’ ballast water and sediments”.
I move amendment No. 37:
In page 28, paragraph (c), lines 28 to 30, to delete all words from and including “taking” in line 28 down to and including “Organisation” in line 30.
I move amendment No. 38:
In page 28, paragraph (d), line 31, after “Convention” to insert “, the BWM Convention”.
Amendment No. 40 is cognate on amendment No. 39 and the two will be discussed together.
I move amendment No. 39:
In page 28, paragraph (a), line 42, to delete “other” and substitute “another vessel or”.
I welcome the fact that this section is to be deleted. This will deal with the problems I identified in the legislation.
I move amendment No. 41:
In page 5, line 26, after "1997," to insert the following:
"TO GIVE EFFECT TO THE INTERNATIONAL CONVENTION FOR THE CONTROL AND MANAGEMENT OF SHIPS' BALLAST WATER AND SEDIMENTS 2004 DONE AT LONDON ON 13 FEBRUARY 2004,".
I move amendment No. 42:
In page 5, lines 27 and 28, to delete ", TO AMEND THE MERCHANT SHIPPING ACT 1992".
I thank members and the Minister of State and his officials for the expeditious manner in which they dealt with the Bill.
I thank the Deputies for giving their consideration to this Bill. They obviously realise the importance of enacting the legislation. I intend to propose on Report Stage an amendment to the Harbours Act 1996 to provide for port companies to be given immunity from legal suit in respect of their licensing responsibilities under the Dangerous Substances Act 1972.
Will the Minister of State forward a brief to members on that as soon as possible?
A brief will be sent to Deputies.
