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Select Committee on Transport and Communications díospóireacht -
Wednesday, 22 Mar 2023

Convention on the International Organization for Marine Aids to Navigation: Minister of State at the Department of Transport

The purpose of the meeting is to discuss the Convention on the International Organization for Marine Aids to Navigation, which has been referred to the select committee by Dáil Éireann for further consideration. I welcome our colleague from the Oireachtas the Minister of State, Deputy Chambers, and his officials.

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Members are reminded of the long-standing parliamentary practice to the effect they should not comment on, criticise nor make charges against a person outside the Houses of the Oireachtas or an official either by name or in such a way as to make him or her identifiable.

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I invite the Minister of State to make his opening statement.

I thank the Cathaoirleach Gníomhach and members for the opportunity to discuss the ratification of the Convention on the International Organization for Marine Aids to Navigation. The purpose of the convention, for which I will seek the Dáil's approval, is to convert a body that is merely an international association into an intergovernmental one under the auspices of the United Nations. In a nutshell, it is believed doing so will raise the body's profile such that it will be more effective in achieving its aims.

In its current form, the International Association of Marine Aids to Navigation and Lighthouse Authorities, IALA, is a non-profit, international technical association dating from 1957. The association brings together marine aids to navigation authorities such as the Commissioners of Irish Lights, manufacturers, consultants and scientific and training institutions globally and offers them the opportunity to exchange information and compare experiences. A key aim of the association is to facilitate the harmonisation of marine aids to navigation worldwide and ensure the movement of vessels is safe, expeditious and economical for the benefit of the maritime community and the protection of the environment. This is, in part, achieved through the agreement and promulgation of standards and guidelines, which are not mandatory. IALA also has an important educational role, which it delivers through its worldwide academy that develops model courses and the like.

As with any such international body, it comprises a permanent secretariat and a number of components.

The chief of these is the General Assembly, comprising all 327 members of which 91 are national members with voting rights, which is the decision-making body approving IALA standards and overall policy. Under this is the council comprising 24 members elected by the assembly. The council is the executive organ of the association and, importantly, is responsible for approving recommendations and guidelines. Furthermore, there are a number of technical committees which prepare and review standards for the council to approve, and which also monitor developments and share information. IALA is a global association comprising a significant proportion of nations which have a coastline, though not all.

My Department is responsible for national policy in relation to maritime transport safety and safety of navigation. This function is carried out mainly by the marine survey office and the maritime safety policy division, divisions within the Department. Ireland has commitments under various international conventions to provide safe navigation and these are fulfilled in the main by the Commissioners of Irish Lights, and I would like to briefly set out what they do.

The Commissioners of Irish Lights, CIL, is one of three general lighthouse authorities, GLAs, set up under the 1894 Merchant Shipping Act, although its history goes back to the 1700s. It has responsibility for Ireland, Northern Ireland, and the adjacent seas and islands. The other two GLAs are Trinity House, which is responsible for England, Wales, the Channel Islands and Gibraltar, and the Northern Lighthouse Board, which is responsible for Scotland and the Isle of Man. It has three statutory functions, namely the provision and maintenance of general aids to marine navigation numbering more than 300, of which 66 are lighthouses; the superintendence and management of local aids to navigation, numbering nearly 5,000; and the marking or removal of dangerous wreck outside of harbour areas.

In addition to this, CIL also has a commercial offering such as chartering its vessel Granuaile and consultancy services. It also engages in tourism, heritage and community activities particularly through their network of lighthouses. They provide a valuable source of expertise and guidance on navigation matters to Government Departments and agencies, for example in the area of marine spatial planning. Finally, they provide weather and sea state observations and assist the Irish Coast Guard in search and rescue operations on request.

The connection then between Ireland and IALA is two-fold. Directly, Ireland, through the Commissioners of Irish Lights, has traditionally played an important role in the association and has sat on the association’s council as well as being active on its committees; and indirectly, IALA sets the standards the Commissioners of Irish Lights uphold both in terms of navigation safety but also in terms of the service standards against which the Commissioners of Irish Lights measures its performance and on which it reports annually. Indeed, the Commissioners of Irish Lights is seeking election to the IALA Council this year and Irish ratification of the IALA Convention will bolster this campaign.

As I said earlier, the purpose of the Convention on the International Organization for Marine Aids to Navigation is to convert IALA from an international association into an intergovernmental organisation, registered with the UN. This move is overwhelmingly endorsed by the current association’s national members as evidenced by the support received during the final phase of its development at a conference in Malaysia in early 2020. During the period the convention was open for signature, from January 2021 to January 2022, it was signed by 50 countries. Signing a convention is a mainly diplomatic gesture but is an important statement of intent as to a country’s intention to ratify. Since then, 16 states have gone on to ratify, including several European countries, the UK, France, Denmark, the Netherlands and others. This is more than half the ratifications necessary for the convention to come into force.

CIL also supports the ratification of the convention. The reasons behind wanting to change the status of the association are largely practical. The new status will raise the profile of IALA’s work and should thereby lead to increased membership. In turn, this will lead to greater harmonisation of their standards. It will strengthen the legal framework for the body and, underpinned by transparent governance, will enhance the status of IALA as an adviser to governments. IALA will also in due course sign a headquarters, HQ, agreement with France where it is currently based. HQ agreements are used to establish the legal capacity of an international organisation in the country in which it is based, the inviolability of its premises and other related matters. A HQ agreement will help resolve issues for those governments and benevolent funds that can only work with international organisations. It will facilitate global recruitment to properly reflect its global remit. Under the current set up, the national member for IALA is CIL, and they pay membership fees of approximately €18,000 annually, which are not expected to increase once the new organisation comes into being.

The convention was laid before the Oireachtas on 14 November 2022 and I would like to briefly set out its contents. The make-up, membership, operations and functions of the proposed intergovernmental organisation are set out over 22 articles in a standard manner. These differ in only minor ways from the articles set out in the current constitution of IALA which the convention is designed to replace. There is also an annex to the convention, setting out transitional arrangements once the convention enters into force. This includes, for example, arrangements to allow lighthouse authorities to continue as associate members of IALA while awaiting their respective state to ratify the convention. The detailed functioning of the new organisation will be set out, as they are currently for IALA, in a set of general and financial regulations to be agreed this autumn. Again, these are not expected to differ significantly from the current roles. It is important to understand that standards and guidelines adopted by IALA are not mandatory, unlike for example those of the International Maritime Organization and this is not set to change in the new organisation set up by the convention. In fact, perhaps the most significant change will be who is the member of the organisation. Currently, CIL is the national member of IALA whereas Ireland, or in practice, my Department, will be the member of the new intergovernmental organisation. On a practical level, however, my Department will delegate most of the work to CIL, as indeed the convention envisages in its Article 8.4.

In conclusion, Ireland has played a significant role in the setting of global navigation standards to date and hopes to continue to do so in the new organisation. This organisation will come into being regardless of whether we ratify this convention but if we do, we will be a full, voting member and indeed a founding member of the organisation, and this properly reflects our history with IALA and our commitment to the safety of global navigation.

With the agreement of the committee, I will be proposing to the Dáil that it agree the contents of the convention. Should it do so, the deposition of our instrument of ratification should take place shortly thereafter.

I thank the Minister. I will now call on members, the first of whom will be Deputy O'Rourke.

I thank the Minister for being here and for taking us through that. In terms of the process, is it the case that we will agree to it here in the committee and then it will go to the Dáil? Is that the process?

Is this part of a wider suite of measures that the Government will bring forward? I know when we were discussing some maritime-related legislation we spoke about the Cape Town Agreement. Is the Minister of State familiar with that and whether it will be coming forward for ratification at any stage?

There are a number of conventions, as the Deputy has referenced. This is separate to that. There are some that relate to the International Maritime Organization, which would be underpinned by primary legislation. In the legislative programme within the Department, we have a number of priority actions on enacting some of the international conventions that relate to maritime. There is a work programme ongoing there. However, this is separate to that.

That is okay. Related to that, there was a call for the codification of maritime law. Is that bundled together?

We will send the committee a note. I receive a six-monthly briefing on multi-annual legislative programmes as they relate to maritime safety and maritime conventions more generally. There is a work programme that will go on for a number of years. We have sought to prioritise that. As the Deputy knows, there is draft legislation before the committee and the Minister for Transport, Deputy Eamon Ryan, was before the committee in relation to maritime matters. We can send the committee a note on the sequencing of that. However, some of the next steps will be around the enactment of matters relating to maritime conventions. There is a significant number-----

I appreciate that. Could we have those two areas of the Cape Town Agreement and the codification of maritime law?

I will send a wider note-----

I appreciate that.

-----because there is a comprehensive note on a number of technical areas that will require enactment for the next number of years. I will send that to the committee.

On this subject, if we do this today, is it the case that the Minister of State would hope to go before the Dáil next week or shortly after Easter? Will it be next week?

Yes, if we can get it scheduled, the plan will be to get it ratified as quickly as possible.

I am up next and I do not have a huge number of questions for the Minister of State. We read the brief. It makes a lot of sense to convert this organisation into an intergovernmental one. I think there will be full support in that regard. I have a very brief question if the Minister of State is comfortable answering it. He recently visited County Clare and the Irish Aviation Authority, which monitors everything that is happening in the air. Of course, we are discussing sea navigation here today, but we saw a huge amount of commercial air traffic and there is a huge number of ships in our seas at the moment. There was a purpose in monitoring our coastal waters and our airways from a navigational point of view, but now there is an added significance to that given the conflict in Ukraine.

Videos were shown last night by Sky News of a Russian aeroplane being intercepted by American aeroplanes and vice versa the previous week. While we are talking about marine navigation today, there are plans for a primary radar system and I wonder if there is going to be a beefing up of monitoring what happens in our coastal waters along the lines of what the Russians were attempting to do in regard to missile testing off the coast of Cork. I know this is more about the lighthouse end of things, but is the Department doing anything in that regard to keep a closer eye on what is happening in our waters and our airspace?

As you know, Acting Chair, the Defence Forces, including the Naval Service and the Air Corps, have a primary role when it comes to strategic defence matters, so that is a matter for the Tánaiste and Minister for Defence to respond to. The Naval Service plays an important role in the protection of our territorial waters.

Deputy Dillon is also a member of our committee, and he would like to put some questions to the Minister of State today.

I thank the Acting Chair. I am delighted to join this committee. This is my first outing. I also welcome the Minister of State. I welcome Ireland's intergovernmental ratification of the Convention on the International Organization for Marine aids to Navigation. As the Minister of State outlined, it is important to note there are long-term benefits to the ratification of the convention, such as maritime safety and efficacy in international collaboration. As an island nation, the likelihood of the costs associated with it are outweighed by its importance.

What additional resources are needed for participation in IALA? What would it comprise of? Have we audited our existing maritime infrastructure and identified the extent of potential updates or improvements that are needed to align ourselves with the requirements for this ratification?

As I set out in my speech, the requirements for the ratification of membership are approximately €18,000, which is covered by the Department. More generally, a portion of the income of the Commissioners of Irish Lights every year is from its own source of income from light dues and commercial activity, including the chartering of its vessel and expenses incurred in its operations. The operational gap is covered by the Department of Transport. It is a minor amount in terms of the membership and ratification of this convention.

Will the Irish Coast Guard and other maritime authorities play a role in implementing the objectives of the convention?

The Commissioners of Irish Lights is the authority involved in terms of the delegated function when the convention is ratified.

What role will Ireland play in the exchange of information internationally or in terms of best practice for maritime aid to navigation through its participation in the convention?

I think we will bring a lot of know-how and experience in our role as an island nation. As a founding member of the new intergovernmental organisation, the ambition of the Commissioners of Irish Lights is to play an important role in the new structure. More generally, it is seeking a position on the council of IALA and they must also meet targets on the delivery of aids to navigation as part of the international process. It will bring significant benefits to Ireland.

When we look at many structures across the State, having a strong international and intergovernmental involvement brings better know-how, learnings, and consolidation of existing practices. I think it will only bring benefits and harmonise the entire process of marine aids as well. It will bring positives for our country, but it will also give us a greater status as an intergovernmental structure under the United Nations.

In terms of the next steps, what steps have been taken so far by the Government and is there an anticipated timeline for the completion of the process?

We want to get the convention ratified in the coming weeks. I hope we will get the committee to agree it today, then it will go back before the Dáil, and I hope it will be a case of formally ratifying it after that. The Department of Foreign Affairs will formally deposit our ratification instrument.

In terms of what is involved, is it the preparation of documents, legal reviews and the co-ordination of relevant Government bodies?

It is the instrument for membership and formalising our ratification, which will be underpinned by Dáil and Oireachtas consent.

Has the overall cost been determined?

I have outlined what it is. The membership costs €18,000.

So it is just the membership.

The function is delegated to the Commissioners of Irish Lights, so the day-to-day involvement is mainly with it and not necessarily the Department. The ratification is formally done by nations but the day-to-day function will be carried out by the Commissioners of Irish Lights.

I thank the Minister of State very much.

As we do not have any other members wishing to ask questions, we will see the Minister of State again at 2.45 p.m. for the meeting of the joint committee. I thank the Minister of State and his officials for their time.

Will the committee's agreement be reported to the Dáil?

Yes, we will formally refer the matter back to the Dáil. I am only standing in here today.

Yes, that is not a problem.

The select committee adjourned at 1.57 p.m. sine die.
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