Michael Healy-Rae (Kerry, Independent) | Oireachtas source

The Cabinet has approved this motion and it is now before the Dáil for consideration. Following the Cabinet's approval, the Tánaiste cited space as an area of growing importance for Ireland, with the number of companies based here and engaged with the European Space Agency having grown by almost 60% in the past five years. The outer space treaty sets out the key principles of international space law, from prohibiting the placement of weapons of mass destruction in outer space to ensuring that nations cannot make a claim of national sovereignty to any part of space. It also requires states to be responsible for actions by their non-government entities, which is an obligation that has arisen in disputes between China and the United States over the activities of the Elon Musk-backed SpaceX.

The number of companies based in Ireland which are taking part in space activities has risen significantly, from 55 in 2015 to 87 in 2020. A spokesperson indicated that the Department of Enterprise, Trade and Employment has been undertaking a legal and policy analysis to ensure that Ireland has a supportive framework with regard to potential future launches of space objects for commercial or educational purposes.

Ireland previously signed and ratified two agreements, the outer space agreement in 1967 and the liability convention in 1972, of which the latter arose from the need for effective international rules to deal with the liability for damage caused by space objects and to ensure the prompt payment of compensation. At the time of their signing, the agreements were laid before the Dáil in compliance with the Constitution. The Attorney General has now advised that formal Dáil approval is required for both agreements again. Under national law, Ireland is party to both these agreements.

The key provisions of the outer space treaty include prohibiting of nuclear weapons in space, limiting the use of the moon and all other celestial bodies to peaceful purposes and establishing that space shall be freely explored and used by all nations. The treaty precludes any country from claiming any type of sovereignty over outer space or any other celestial body. Although it forbids the establishing of military bases, testing of weapons and conducting of military manoeuvres on celestial bodies, the treaty does not expressly ban all military activities in space, the establishment of military space forces or the placement of conventional weapons in space.

From 1968 to 1984, the outer space treaty birthed four additional agreements on the rules for activities on the moon, liability for damages caused by space craft, the safe return of fallen astronauts, and the registration of all space vehicles, respectively. The treaty provided many practical uses and was the most important link in the chain of international legal agreements for space, from the late 1950s to the mid-1980s. The treaty was at the heart of a network of inter-state treaties and strategic power negotiations to achieve the best available conditions for nuclear weapons world security. It also declares that space is an area for free use and exploration by all and "shall be the province of all mankind".

Drawing heavily on the Antarctic Treaty of 1961, the outer space treaty likewise focuses on regulating certain activities and preventing unrestricted competition that could lead to conflict. Consequently, it is largely silent or ambiguous on newly developed space activities, such as lunar and asteroid mining. Nevertheless, the treaty is the first and most fundamental legal instrument of space law and its broader principles of promoting the civil and peaceful use of space continue to underpin multilateral initiatives in space, such as the International Space Station and the Artemis programme. It is very important that Ireland do everything we can to promote and encourage the educational use of space for future generations.

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