Oireachtas Joint and Select Committees

Tuesday, 17 December 2013

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government

United Nations Convention on the Law of Non-Navigational Uses of International Watercourses: Motion

2:10 pm

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)
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As we have a quorum of three Deputies we will commence the meeting. Is that agreed? Agreed. Apologies have been received from the Chairman, Deputy Michael McCarthy. I remind members to turn off their mobile phones. I also remind them that this meeting will be conducted in public session. It has been convened for the purpose of the consideration of the following order from Dáil Éireann:


That the proposal that Dáil Éireann approves the terms of the United Nations Convention on the Law of the Non-Nagivational Uses of International Watercourses, done at New York on 21st May 1997, a copy of which was laid before Dáil Éireann on 5 December, 2013, be referred to the Select sub-Committee on the Environment, Community and Local Government, in accordance with Standing Order 82A(3)(b) and (6)(a), which, not later than 19th December, 2013, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.
I welcome the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, and Mr. James O'Connell, assistant principal officer in the water quality section of the Department of the Environment, Community and Local Government. I thank them for their attendance.

The Government agreed to Ireland's accession to the United Nations Convention on the Law of Non-Navigational Uses of International Watercourses on 3 December 2013. As the convention creates a liability for a possible charge on public funds in respect of the cost of any dispute resolution or arbitration procedures involving Ireland under the convention, the approval by Dáil Éireann of the terms of the convention is required under Article 29.5.2o of Bunreacht na hÉireann.

The purpose of the convention is to provide a legal basis where none exists for co-operation among states which share international watercourses on the uses of such watercourses. It provides, inter alia, that watercourse states shall: use international watercourses in an equitable and reasonable manner; co-operate in the use and protection of same, regularly exchange data and provide additional information when proposed actions could affect the interests of other states; prevent, reduce and control pollution in international watercourses; and resolve any disagreements through procedures prescribed in the convention, including arbitration where necessary.

Apart from perhaps minor reporting requirements, the convention will impose no new obligations on Ireland, as the EU water framework directive and bilateral legislation with the United Kingdom in relation to the waters shared with Northern Ireland already enshrine co-operation mechanisms equal to or greater than those provided for in the convention.

The convention is not yet in force as 35 states, the minimum number of contracting parties required, have not yet ratified it. However, up to recently, 31 states have ratified it and 16 EU member states are either already parties to or preparing to ratify the convention. Among these, the United Kingdom is waiting for completion of Ireland's procedures to allow for ratification by both countries at or about the same time.

Before calling on the Minister to address the committee, I wish to remind members of the long-standing parliamentary practice to the effect that members should not comment on criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

I invite the Minister, Deputy Hogan, to make his opening statement.