Peter Power (Limerick East, Fianna Fail)

I accept the points made by Senator Norris. The amendment is not contentious but a point of principle needs to be made that the effect of the proposed amendment is for the Bill to come into operation immediately upon enactment. However, it has long been the legislative convention for a Bill to be commenced by means of a ministerial order. This practice has arisen for important practical reasons, such as the need to make necessary administrative and other arrangements before an Act can be properly implemented. As a matter of policy, good practice and on the advice of the Parliamentary Counsel, not just in the case of this Bill but in regard to any item of legislation, Acts should be commenced by way of ministerial order in whole or, in many instances, in part.

Regarding this Bill, the Defence Forces training and operational manuals will have to be adapted to take account of the State's new obligations under the convention on cluster munitions. Even though the convention has been agreed in Ireland and is expected to be ratified shortly it does not have practical effect and force. Article 17 of the convention provides that it will enter into force only six months after the 30th instrument of ratification has been deposited. If we were to make the Bill effective immediately we, as a country, would be in breach of it immediately. It is important we do things in concert and ensure we are in full compliance with our obligations under the convention when the Act takes effect in Ireland. That is a practical example of the need to commence the Act by ministerial order rather than on the date the legislation is passed or signed into law by the President.

As Senator Norris knows, it is the Government's intention to introduce and make the Bill effective as soon as is practically possible. It is the Minister's intention to commence most parts of the Bill immediately, particularly Parts 1, 3, 4 and 5. It is also intended to commence Part 2 on cluster munitions as soon as possible. The Government intends to ratify the convention immediately after it has been signed on behalf of Ireland in Oslo on 3 December. We will be one of the first countries in the world to ratify it which is a clear demonstration of our commitment to early entry to bring the convention into force.

The convention itself, and our obligations under it, will crystallise only when the 30th instrument of ratification is deposited. That is why we need to have a coincidence between the commencement order under the Bill and the formal coming into force internationally of the convention.