Results 1,701-1,720 of 2,792 for speaker:Colm Brophy

Saincheisteanna Tráthúla - Topical Issue Debate: International Relations (27 May 2021)

Colm Brophy: I fully agree with what the Deputy said about the seriousness of this act. There is no question but that the international hijacking, effectively, of an aircraft and forcing it to land is totally unacceptable. I reiterate we are working with our international partners in response to this. We are determined to ensure accountability and will continue to support measures that seek to make...

Seanad: Maritime Jurisdiction Bill 2021: Second Stage (31 May 2021)

Colm Brophy: I thank Senators for their early consideration of this technical Bill that will establish in domestic law the framework of different maritime zones of national jurisdiction recognised under international law. Within those zones, a coastal state is entitled to regulate human activity only to the extent permitted by international law. States have different sets of rights in each zone, which I...

Seanad: Maritime Jurisdiction Bill 2021: Second Stage (31 May 2021)

Colm Brophy: Yes, I ask the Acting Chairperson to please bear with me. I will move quickly.

Seanad: Maritime Jurisdiction Bill 2021: Second Stage (31 May 2021)

Colm Brophy: Section 15 clarifies the civil jurisdiction of the State. Sections 16 to 19 replace sections 2 and 3 of the Continental Shelf Act. Section 17 provides a power enabling the Government, by order, to designate seabed. Section 18 sets out the sovereign rights and jurisdiction enjoyed by the State. Section 19 clarifies the criminal and civil jurisdiction of the State. Section 20 provides a...

Seanad: Maritime Jurisdiction Bill 2021: Second Stage (31 May 2021)

Colm Brophy: I am conscious of the time. I know many people have made contributions and I will endeavour to address some. I thank Senators for their consideration of the Bill and the contributions which they made. As I indicated in my opening statement, the Bill will update and clarify the law relating to maritime jurisdiction of the State in a single, accessible, stand-alone enactment, describing the...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: I thank Senator Higgins for her amendments and for engaging with officials yesterday. That was very helpful in terms of our understanding. I also had an opportunity to talk to Senator Higgins about the concerns that have motivated her amendments and can assure her that those concerns are met by the Bill. I am afraid the Government is not in a position to accept amendment No. 1. The...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: My advice is that the proposed amendment would change the meaning of the definition of an installation by including a vessel used in connection with that installation, regardless of how far from the installation that vessel is located. International law only permits the exercise of jurisdiction over such a vessel if it is in the vicinity of the installation and then only where the...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: Amendment No. 3 would add the word "sitting" to the phrase "within the next 21 days" in which the House sits after the order is laid before the House. However, the section already makes it clear that the 21 days concerned are those on which the House sits. The amendment is therefore unnecessary and I am not in a position to accept it.

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: I take on board what Senator Ward has said and will try to determine if it is possible to do so.

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: I echo Senator Chambers's comments in that I very much appreciate the way in which Senator Higgins has engaged on this and the interaction we had yesterday on this amendment. Section 11 provides that any prosecution of a foreign national for an offence committed from a foreign vessel within Ireland's territorial sea requires a certificate from the Minister for Foreign Affairs certifying that...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: Section 14 sets out the sovereign rights and jurisdiction of the State in the exclusive economic zone. It faithfully reflects the text of Article 56 of the convention of 1982 to which it is intended to give effect, and I acknowledge that Senator Higgins mentioned this in her contribution. Specifically the section provides that the State has sovereign rights for the purpose of exploring,...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: We will check this matter but I believe that section 14 enables legislation to be done for this. Obviously, the convention contains the terms of management, conservation etc. that the Senator mentioned.

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: There is scope within the legislation to do what the Senator has talked about. I am conscious that the purpose of what we are trying to do here, which is what I mentioned in my initial reply, is very much around the consolidation of existing legislation. In that fact, I am trying to keep it to that as tight as possible. I fully understand and sympathise with the points that the Senator...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: Section 15 deals with the criminal and civil jurisdiction of the State with regard to the economic exploration and exploitation of non-living natural resources in the exclusive economic zone. Section 19 deals with the same matters on the continental shelf. Senator Higgins has proposed four amendments that seek to substitute the word "or" for "and".I am advised, however, that the term...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: I thank the Senator. I have no problem in considering the points she has raised today but, unfortunately, I am still not in a position to accept the amendments. I nonetheless take on board the points she is making quite clearly. I will look at them again before the legislation goes to the Dáil.

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: I thank the Senator. I listened to her comments but I refer again to the primary purpose of the legislation, which is consolidation. The amendments would add the word "living", as the Senator mentioned, to references in sections 15 and 19 to "non-living natural resources". My advice is this would not be possible as the purpose of the relevant provisions of these sections is to make it an...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: Section 18 deals with the rights and jurisdiction of the State in designated areas of the continental shelf. Both of these amendments would add to the sovereign rights of the State in its jurisdiction, going beyond what is recognised in the convention. As we have commented so many times on the various amendments, the key issue around them is transposing the convention. The Senator is also...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: The purpose of this legislation is the transposition of the convention. There will be other legislation and we addressed that on Second Stage. That will take care of other areas in the convention. I can look at what the Senator has raised and revert to her.

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: The amendment would also alter the terms of the convention, which would be reproduced here in section 18. The laying of a pipeline across Ireland's continental shelf would require a formal request, typically through diplomatic channels, by the state of nationality or registration of the pipeline operator. That is why only the term "state" is used here. Therefore, I am not in a position to...

Seanad: Maritime Jurisdiction Bill 2021: Committee and Remaining Stages (1 Jun 2021)

Colm Brophy: The amendment will provide that the State would have the same sovereign rights and jurisdiction on the continental shelf as it has in the exclusive economic zone. I want to point out that because international law and maritime zones are developed in a piecemeal fashion, it is not surprising that there are differences between the exclusive economic zone and the continental shelf. The...