Dáil debates

Wednesday, 11 October 2006

Sea Pollution (Miscellaneous Provisions) Bill 2003 [Seanad]: Report Stage

 

5:00 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

I said on Committee Stage that I would reflect on this point, however section 2 is a standard provision that enables the Minister, by order, to commence the provisions of the Act. I have difficulty with the proposed amendment and it does not add anything to the Bill. Without the provision for commencement an Act automatically comes into operation immediately, which is what Deputies Mitchell and Ryan are proposing. It is important that the Minister has discretion in this Bill because the commencement of different provisions may be varied to dovetail with international measures as they come into force. If we consider international conventions, whether the International Convention for the Control and Management of Ships' Ballast Water or one of many others, it may not be possible to have all of the provisions become effective simultaneously. There are different international instruments that do not enter into force on the same date and it is important, therefore, that the Minister sign an order. If we did not have this incorporated into the Bill we would be complying with all of the instruments at once when, in fact, they could be varied. I have no difficulty with this amendment in principle but the matter is greatly complicated by the many international conventions that do not come into force at the same time. If they came into force at the same time I would not have difficulty with the amendment. I ask the House to consider the predicament this amendment presents.

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