The Bill before the House addresses the need for a legal framework to deal with cases of alleged harassment of Irish fishing vessels at sea, incidents which amount to piracy as defined under international law.
This legislation has been prepared in response to concerns about the harassment and intimidation of fishermen going about their business. The law regarding intervention, investigation and prosecution where incidents of harassment and intimidation are alleged to occur is uncertain. This Bill seeks to remove this uncertainty. The Bill will also act as a deterrent and facilitate legal action in certain cases.
The principal provisions of the Bill are to provide for the repression of acts of piracy committed by the crew or passengers on board ships within the territorial seas and internal waters of the State and, in accordance with the United Nations Convention on the Law of the Sea, on the high seas; to define acts of piracy; to make it an offence to commit an act of piracy, as defined; to give authorised officers comprehensive powers to enable them take appropriate action; and to provide for the investigation and punishment of such acts of piracy and of infringements of the collision regulations under the Merchant Shipping Act, 1894.
We require this legislation to protect the lives and livelihoods of all fishermen and any other persons pursuing legitimate interests in our offshore area. It is unacceptable that fishermen are unlawfully impeded or have their safety put at risk by harassment and intimidation. Between 1994 and 1999 more than 50 such incidents were reported to my Department. A detailed review of these incidents showed that while there were some genuine cases of accidental collisions, the majority of incidents were not accidental. It has also been established that the majority of cases occurred outside our territorial waters where the jurisdiction of our laws has, to date, been uncertain.
To provide a legislative basis for intervention, investigation and prosecution in respect of incidents outside our territorial waters, my Department undertook an intensive legal and technical analysis of the likely basis for any such legislation over the past two years. This analysis included the commissioning of an independent report from a major authority in this field, detailed consideration by the Attorney General's office, the preparation of a technical report by my Department working with BIM and the Naval Service and consultation with the Department of Foreign Affairs.
The issues involved were found to be extremely complex. Following detailed analysis, the legal advice to me clearly indicated that to provide an effective legislative regime outside our territorial waters, the way to proceed was to give effect to the piracy provisions of the 1982 United Nations Convention on the Law of the Sea. At present, the State only has jurisdiction inside the 12 mile limit. Outside this area the provisions of UNCLOS apply, including the rights of free passage, with the exception of alleged fisheries offences as defined by EU law and concerned with the conservation of fish stocks.
Under this Bill I intend to extend the very limited legal powers available to the Minister and to make it a domestic offence to commit an act of piracy on the high seas as well as on the territorial seas and internal waters of the State. In light of this fact, I have provided that the Bill, once enacted, should apply generally at sea, except within the territorial seas of another state, and in so far as acts of piracy involving incidents between sea-fishing boats are concerned, it should not apply within the exclusive fishery limits of another state.
In effect, the proposed legislation seeks to carry into domestic law the provisions of UNCLOS which apply to incidents of piracy between ships occurring on the high seas, with the exception of incidents between sea-fishing boats within the exclusive fishery waters or limits of another state. It would not be appropriate for this State to seek to enforce such legislation within the exclusive fishery waters or limits of another state, EU or otherwise. Where incidents involving Irish vessels occur within such areas they will fall to be addressed under the law of that state, where such laws exist.
The House will understand that the approach taken in drafting this legislation is the result of a detailed and searching analysis by the legal advisers to the State in the Department of Foreign Affairs and the Attorney General's office. The House will also appreciate that there has been a long-standing need to put in place an appropriate framework to safeguard all fishermen on the high seas. In light of this need and the close scrutiny and thought which has been put into it, I am satisfied that the legislation, as drafted is the best and most appropriate way to proceed on this issue.
The provisions of the Bill will apply to all types of ships, commercial, fishing, merchant marine and pleasure. Acts of piracy are defined in the Bill in accordance with Article 101 of UNCLOS and certain examples of piracy are specified in the Bill, including the intentional ramming of another ship and the deliberate towing away of fishing gear belonging, and attached to, another ship.
Penalties under the Bill for piracy offences are, on summary conviction, a maximum fine of €3,000 – £2,362.69 – and/or up to six months imprisonment and, on conviction on indictment, an unlimited maximum fine and/or imprisonment for a term not exceeding 20 years. Penalties for obstruction, failure to comply with a reasonable requirement of, or giving false information to, an authorised officer are, on summary conviction, a maximum fine of €3,000 – £2,362.69 – and/or up to three months imprisonment and, on conviction on indictment, a maximum fine of €6,000 – £4,725.38 – and/or up to two years imprisonment.
Section 5 of the Bill gives extensive powers of enforcement to authorised officers appointed by the Minister, including powers to board ships suspected of engaging in piracy or ships which are in contravention of the collision regulations, and powers of seizure and detention of the ship or anything on it. It also provides for the reasonable use of force by authorised officers.
The Bill also addresses the lack of powers to enforce the collision regulations within territorial waters under the Merchant Shipping Act, 1894. Section 419 of this Act provides that all owners and masters of ships shall obey the collision regulations made under section 418 of the Act and creates an offence of infringement of these regulations. However, until now the Naval Service or other authorised officers did not have the power to arrest or detain any vessel suspected of an offence under section 419 of the 1894 Act. The Bill before the Seanad will provide, within the territorial waters of the State, for the boarding by authorised officers of ships on which offences against the collision regulations have been committed and the seizure and detention of such ships and anything on them as evidence. This will normally be undertaken by Naval Service personnel.
The Bill will give the authorities the necessary powers to deal with acts of piracy generally in accordance with the UN Law of the Sea Convention. There has been an increase in the number of acts of piracy being committed worldwide. The Government shares the concerns expressed at the meeting of the Maritime Safety Committee of the International Maritime Organisation held last June regarding this increase in piracy. A total of 471 acts of piracy had been reported to the IMO during 2000, representing an increase of 162 acts over the 1999 figure. Even worse was the finding that during the period under review, 72 crew members of the ships involved had been killed, 129 had been injured and five missing.
I advise the House that I propose to table three amendments to the Bill on Committee Stage. These amendments are mainly intended to tighten up on the wording of the text to ensure that it accords with the provisions of UNCLOS. Specifically, they propose to insert in page 7, subsection (6), line 38, a provision that it is the flag state to which the Minister would be liable for any loss or damage caused by seizure and detention of a ship on the high seas without adequate grounds for doing so – this is in accordance with Article 106 of UNCLOS; insert in page 7, between lines 39 and 40, a provision that it is only a State ship as defined in the Defence Act, 1954, which may carry out seizure and detention of a pirate ship on the high seas – this is in accordance with Article 107 of UNCLOS; and, for the avoidance of doubt, insert in page 7, subsection (7), line 43, a provision that it is only members of the Defence Forces or the Garda Síochána who are empowered to carry firearms or other weapons while exercising the powers of authorised officers.
The Bill is a very important legislative tool to enable us to deal effectively with acts of harassment and intimidation in our territorial waters and on the high seas. I am sure Senators from all parties share the view that such a framework is in the interest of all concerned and I look forward to hearing their comments. I therefore commend the Bill to the House.