Seanad debates
Wednesday, 31 March 2004
Maritime Security Bill 2004: Second Stage.
11:00 am
Michael Finucane (Fine Gael)
The Maritime Security Bill is timely but it is amazing that it was not enacted long before now in view of the declaration made by the United Nations in the aftermath of the terrorist attack on the World Trade Centre on 11 September 2001. The EU Presidency and recent tragic events in Madrid have helped us to focus on safety, maritime and other. Among the recent measures at EU level is the appointment of a top official to spearhead the communications and intelligence area to strengthen the fight against international terrorism. In the global context of safety and security the actions of al-Qaeda in New York, the events in Madrid and the spectre of international terrorism have helped us all to focus on this issue. The Minister for Communications, Marine and Natural Resources, who comes from County Louth, is probably aware of the extreme concern throughout the country about Sellafield and the potential hazard it poses. This is not confined to past activities. The Commission has investigated the matter and issued a directive to BNFL to clean up its act. This must be welcome as Sellafield is so close to Ireland and generates half a tonne of radioactive waste.
It has been recognised that this poses a safety hazard to this country. We hold the EU Presidency and most of us welcome the forthcoming visit of President Bush to Ireland. However, in view of what has happened internationally it behoves us to be extra vigilant. It appears that no country is safe from terrorists. Our security authorities must be forceful over the next few months in preparation for this visit.
It is a shocking indictment that our independent agency, the Radiological Protection Institute of Ireland, cannot gain access to Sellafield to carry out an independent verification of what is happening there. I urge the Minister to ensure this is permitted as soon as possible. We were recently informed that the distribution of iodine tablets to households throughout the country was a wasted exercise. They offer no help to people's health in the event of any radioactive fallout. They should be destroyed because they are of no use.
The purpose of the Bill is to give effect to the United Nations Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988 and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms on the Continental Shelf 1988. The convention and protocol are among a suite of international instruments against terrorism which member states of the United Nations are enjoined by Security Council Resolution 1373 of 28 September 2001 to implement as soon as possible. The terms of the convention and protocol require approval through the Dáil pursuant to Article 29.5.2° of the Constitution and the Bill must be enacted before Ireland can be a party to them.
The Bill creates specific offences against the safety of Irish ships and other ships in Irish territorial waters and against fixed platforms on the continental shelf, subject to imprisonment for life on conviction on indictment. It consequentially provides, on standard lines, for extraterritorial jurisdiction to cover offences committed outside the State in breach of the convention or protocol, for the apprehension and detention of alleged offenders and the handing over of them to the appropriate authorities, and for extradition, bail, avoidance of double jeopardy and other necessary matters, on the model of provisions contained in the Criminal Justice (Terrorist Offences) Bill 2002, which is before the Dáil. It also makes necessary provision with regard to four other international conventions against terrorism.
Fine Gael fully supports this Bill and believes these measures are long overdue. It is likely that its passage through the Oireachtas has been accelerated in the aftermath of the 11 March atrocities in Madrid and the renewed international focus on the need to crack down on terrorism. It is important that the passage of the Bill is expedited as Ireland currently holds the Presidency of the European Union. We cannot be seen to be lagging behind our neighbours when we are supposed to be leading them.
The Bill offers Fine Gael the opportunity to spell out its vision of new Irish defence arrangements. In our document, Beyond Neutrality, we stated that Fine Gael advocates an EU defence entity, where Ireland plays a full and active role in its development based upon the following five key principals: adherence to the fundamental principles of the United Nations; a commitment to the vigorous pursuit of the goal of universal nuclear and biological disarmament and to a solemn undertaking by the European Union defence entity not to use either type of weapon; a commitment to mutual defence and support, but with specific opt-in provisions for individual states; a commitment to the provision of peacekeeping and peace-making operations and to the Petersberg Tasks, humanitarian aid, search and rescue etc., and respect for the right of other member states to be involved in other military alliances.
If Ireland does not contribute to the debate on a common EU security and defence policy then it cannot complain when a policy is unveiled which addresses the concerns and aspirations of other states, but not our own. The Government talked out of both sides of its mouth on the war on terror, while Fine Gael unequivocally opposed the attack on Iraq due to its lack of international legitimacy. Our proposals are realistic, workable and, above all, honest. This is in stark contrast to the Government's vague policy.
Fine Gael welcomes the Bill and hopes it will be implemented before the end of the Irish EU Presidency. This and the other legislation going through the Dáil, together with the changes which have taken place at European Union level prove that, at last, action is being taken to ensure that Europe and the world remain a safe place and that we rid ourselves of the terrorist threat.
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