Dáil debates

Tuesday, 12 July 2022

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space: Motion

 

7:50 pm

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann, pursuant to Article 29.5.2° of Bunreacht na hÉireann, approves the terms of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, signed by the Government of Ireland on 27th January, 1967, and laid before Dáil Eireann on 30th June, 2022.

Apart from the reason we are here, it is great to have the chance to focus on the great work many are doing from an education point of view, a research point of view and an enterprise point of view. We will touch on that during the debate.

I wish to discuss a second motion which reads:

That Dáil Éireann, pursuant to Article 29.5.2° of Bunreacht na hÉireann, approves the terms of the Convention on International Liability for Damage Caused by Space Objects, signed by the Government of Ireland on 29 March 1972, and laid before Dáil Éireann on 29 June 2022.

All this happened before most of us here were Members of the House, but it is important that we get a chance to come in here and formally ratify these measures.

This is an unusual case as the two agreements that are the subject of the motions were signed and ratified by Ireland over 50 years ago. In the course of the legal and policy review undertaken by my Department, it was discovered that they were never formally approved by the Dáil. In fact, these legal matters came to light as a result of the legal and policy analysis undertaken by officials in our Department to ensure there would be a supportive legislative and policy framework in place for the future launch, maybe this year or early next year, of Ireland's first satellite, EIRSAT-1, by UCD as part of the European Space Agency's Fly Your Satellite! programme. I am delighted the team from UCD is with us tonight in the Visitors Gallery. They stick out not because the Visitors Gallery is half empty but because they are in blue. It will be a proud moment for Ireland when we can see the fruits of their work in the months ahead. They have been very busy in UCD in recent months and I am glad they are here. They are part of the satellite programme for EIRSAT-1. We are joined by Ms Lorraine Hanlon, Mr. David McKeown, Mr. Gabriel Finneran, Mr. Joseph Thompson, Mr. Joseph Mangan and Mr. Ronan Wall. I think I have covered everybody and hope I am missing nobody. They are doing great work from an education point of view as well.

Article 29.5.2° of the Constitution requires that all international agreements that put a charge on funds be approved by the Dáil. The contingent liability that arises under these agreements is just such a charge. As approval was not sought at the time of ratification, it must be done now.

Ireland signed the Outer Space Treaty in 1967. The treaty is the basis on which international space law is built. It prohibits signatory states from placing nuclear weapons in space and limits the use of the moon and other celestial bodies to peaceful uses. It also introduces principles of state responsibility for objects launched into outer space, including those launched by non-governmental bodies. The State signed and ratified the UN Liability Convention in 1972. The purpose of this convention was to elaborate on the liability requirements set out in the Outer Space Treaty.

As it stands, Ireland is bound by the Outer Space Treaty and the UN Liability Convention under international law, while not complying with the requirements of the Constitution required for the domestic legal system to recognise those obligations. That is why we are in the House tonight. Passing this Dáil motion will remedy this legal lacuna and allow Ireland to further its scientific, educational and commercial interests in space, including through the forthcoming launch of the EIRSAT-1 satellite.

Ireland's obligations concerning liability arise only when Ireland becomes what is known as a "launching state". In effect, this happens when the State launches a space object or when a space object is launched from our territory. Ireland is not yet a launching state but that might change, hopefully sometime later this year or early next year, if a Government decision is made in this regard. The probability of liability occurring under these treaties is so remote that the European Space Agency has informed my Department that there does not exist any precedent globally to refer to.

When originally drafted, these two agreements were designed to promote and facilitate the peaceful use of outer space. Ireland signed and ratified them because we share these ideals, and we have always worked with our international partners, in the EU and the European Space Agency, to utilise space for educational and commercial purposes and to fund much research. The commercial, educational and research-related opportunity is a large part of why I am proposing this motion.

Space used to be the preserve of a handful of nations and only the largest and wealthiest countries could venture into it. However, over the past decade there has been an unprecedented escalation in the volume of space activities by small nations such as ours and more recently by the private sector. To put this into perspective, the number of satellites launched annually has accelerated from a stable historical average of around 100 per year to a phenomenal 1,819 in 2021, having quadrupled in the past four years alone. This trajectory is set to continue and it is right that Ireland should develop a framework such that we can benefit from a share of this growth and also be part of the educational and commercial opportunities.

Ireland's involvement in space is not well known. When we think about space, we tend to imagine rockets or moon landings, but the truth is that space touches our daily lives much more than we realise. It is important that we recognise that during these important debates. A good example of space touching our daily lives is that when you need to navigate to somewhere new, satellite data enable the maps on your phone. When you want to know what the weather is going to be like, satellite data enable more accurate weather predictions. When you need to stay connected, satellite data enable your broadband and television services, even in the most remote areas of the world. In addition, through the increased space activity in the past decade, more data are available on the health of our planet than ever before. Space programmes that Ireland contributes to through our membership of the European Space Agency play a key role in developing our environmental understanding and informing climate change mitigation actions. Satellites can measure air quality in cities and the rate of melting of icecaps, for example, and they can monitor deforestation and inform policy decisions targeting sustainable agriculture all over the world. Critically, in emergencies such as floods or fires, satellite data can be used in real time to assess damage, supporting a safe and informed emergency response.

The Government and most of those present understand the value of space and its importance in our lives in Ireland. In May of this year, the Department of Further and Higher Education, Research, Innovation and Science published Ireland's new research and innovation strategy, Impact 2030, which recognises "the strong potential for Irish researchers and companies to use space applications to address climate change and other environmental goals". The strategy commits to developing our network of research-and-development centres and facilities to ensure Ireland is at the forefront of technological advances in domains, including space, in order to embrace and respond to the twin challenges of climate and digital transition.

This commitment builds on Ireland's national space strategy for enterprise, which sets out a framework for investment and growth between now and 2025, focusing on technology transfer, commercialisation, entrepreneurship and the development of key skills to meet future needs in space and complementary sectors. The national strategy is being implemented by Enterprise Ireland and my Department and is yielding very positive results. The number of Irish companies in contract with the European Space Agency grew from 60 in 2017 to 94 in 2021, representing an increase of over 50% in just four years. Many in the research community and education, such as the team in UCD, are involved in work and contracts through the European Space Agency. That is really beneficial to ourselves as we bring forward a lot of new talent in the sector.

I can give many examples of the very diverse areas in which Irish companies from all regions are engaged. There is a company in Cork developing a technology that will allow the verification of carbon credits, enabling revenue streams in developing countries for maintaining carbon-capturing forests. I believe that the company might have some Kerry connections so I had better be careful to cover all relevant counties. A company in Tipperary has developed a system that uses space data to monitor the impact of illegal dumping in watercourses. Another company is involved in producing the paint for one of the satellites flying close to the moon. Many Irish companies are involved in these initiatives. Another example is that of another company in Cork that has developed a remote patient-monitoring device for use in Covid-19 patients. This technology has been trialled in both Ireland and Italy and was found to improve patient outcomes.

Therefore, much of the investment in the technologies used in outer space is beneficial to all our lives in many aspects and through many departments. None of the activities I have mentioned is one that we normally think of as being related to space. The companies are working at the very cutting edge of technology development. They have been supported to develop their technologies through Ireland's membership of the European Space Agency and through the work with Enterprise Ireland.

I am telling the House about this Irish activity in space so the opportunity for Ireland and the rationale for addressing this legacy issue will be clear. It is incumbent on us now, as a responsible nation with growing involvement in space, to rectify the legal lacuna identified with respect to the Outer Space Treaty and the UN Liability Convention and to participate fully in the development of future standards in space that protect the peaceful use of outer space for all of us.

I thank the Leas-Cheann Comhairle and the House for their time. I am happy to take any questions on the agreements and the motion moved.

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