Eamon Gilmore (Dún Laoghaire, Labour)
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I move amendment No. 1:

In page 4, line 38, to delete "fine not exceeding €5,000" and substitute "class A fine".

I refer Deputies to the Fines Act 2010. The purpose of the Act was to update the value of all existing fines that can be imposed on summary conviction to their value at the time of enactment or, where appropriate, when last updated in legislation. Five classes of maxima have been created and placed in tables to avoid having to update individually each fine separately, which would not be practicable. This amendment provides that the final conviction of an offence of up to €5,000 that had initially been included in this Bill, which was drafted before the Fines Bill 2010 was enacted, could now become a class A fine. This will allow the amount to be updated as appropriate without an undue administrative burden in years to come.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I have no objection to this amendment. It makes perfect sense to homogenise the language in the two Bills and we are supportive of it.

Eamon Gilmore (Dún Laoghaire, Labour)
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I thank the House for its consideration of this Bill. It is important to reflect on the significance and relevance of this legislation. This Bill will strengthen implementation in domestic law of the State's international obligations, principally under the 1972 Biological and Toxin Weapons Convention, but also under the 1925 Geneva Protocol, as well as relevant elements of the United Nations Security Council Resolution 1540 of 2004.

I am pleased to note that the Bill has received cross-party support on each of its Dáil Stages. It is designed to prohibit the use, production, development, stockpiling and transfer of biological weapons and to prevent such weapons of mass destruction falling into the hands of terrorist organisations and other non-state actors. It creates specific offences relating to the use, production and possession of biological weapons. When the Biological and Toxin Weapons Convention was adopted in 1972, the principal concern it was intended to address was the possibility of the use of biological weapons by states. The Bill's fundamental intention is to close a potential gap in the State's law that has come to light in recent times and in the context of a changed international situation. It is the potential threat posed by non-state actors, in particular terrorist groups, which must be addressed now. It is only right, therefore, that all states review their laws from time to time to ensure that they are adequate to the threat posed. It is timely that this country has taken this opportunity to do so now. The Bill shows this country's continuing commitment to ensuring that the objectives of the 1972 convention are met.

To set the general context, the Bill will not affect in any way those engaged in work involving biological agents for legitimate purposes such as the production of vaccines. The Bill is directed solely at those engaged in activities whose purpose is hostile. There is no suggestion that this country is currently used as a location by terrorist groups for the production or development of biological agents or has been in the past. The difficulties of weaponising biological agents and then of successfully deploying a biological weapon against a target are considerable. That is true for states and more so for non-state actors. Moreover, there are significant dangers of infection or poisoning for those who might try to develop a biological weapon. It is partly for that reason that we have, thankfully, seen very few instances of biological weapons being used to date. That is not to understate the danger presented to society by any attempt to make or use a biological weapon. The fact that this country is not currently a location for groups seeking to develop or use those weapons does not mean that we should be unconcerned. On the contrary, it is absolutely essential that we should be in a position to successfully prosecute anyone who attempts to develop a biological weapon in this country. This requires the creation of clear and specific offences. The continuing absence from the Statute Book of such specific offences could paradoxically attract those types of dangerous people to this country precisely because they may believe that there is no clear law on the matter. Enactment of the Bill will ensure that this is not the case.

I thank Deputies for their contributions throughout the legislative process. I very much appreciate the cross-party co-operation on the passage of the legislation through the House on this issue, as in all other areas under the broad heading of disarmament and non-proliferation. Deputies will share the priority which successive Governments have attached to developing and maintaining this country's leadership role in the field.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Bill will be sent to the Seanad.