Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

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 Granuaileand 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.