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 Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank the Vice Chairman and the committee for convening this meeting at short notice to consider this motion. The Vice Chairman has well summarised the context in which this meeting has been called in terms of ratifying what was agreed by Government on 3 December in regard to the accession by Ireland to the UN Convention on the non-navigational uses of transboundary watercourses and this requires approval by Dáil Éireann.

The Vice Chairman rightly pointed out that 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 it, this is the reason, under the Constitution, that Dáil Éireann must approve these terms of the convention. The purpose of the convention is to provide a legal basis for co-operation among states which share international watercourses on the uses of such watercourses. It is intended to strengthen national measures for the protection and ecologically sound management of transboundary surface waters and ground waters.

The Vice Chairman outlined in detail the provisions of the convention in respect of the watercourse states and what they shall provide but parties that are bordering the same transboundary waters are to co-operate by entering into specific agreements and establishing joint bodies.

The convention includes provisions on monitoring research and development, consultations, warning systems, mutual assistance, access to information by the public as well as dispute resolution. The costs of the latter, that is to say arbitration of similar procedures, are to be borne by the parties to the dispute in question and, therefore, the Dáil requires to approve that.

The convention is not yet in force but, as the Vice Chairman stated, a minimum of 35 contracting parties is required to bring it into force. The United Kingdom is ready to ratify it but is waiting for Ireland to do its business this week. Subject to the approval of the committee, hopefully, we will be in a position to do that.

Apart from 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 from the convention.