Seanad debates

Tuesday, 1 June 2021

Maritime Jurisdiction Bill 2021: Committee and Remaining Stages

 

9:00 am

Photo of Colm BrophyColm Brophy (Dublin South West, Fine Gael) | Oireachtas source

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, exploiting, conserving and managing the natural resources of the zoned jurisdiction for the protection and preservation of the marine environment.

The amendment proposed by Senator Higgins seeks to ensure that the State also has the sovereign rights for the purpose of the restoration of natural resources and the jurisdiction for restoration of the marine environment. While I sympathise, like other colleagues here today, with the sentiments behind her amendment, I am advised that it is problematic. The term "restoration" used in the convention, insofar as the Bill is intended to give effect to the convention, should be consistent with the convention itself.

Second, as the Bill establishes a framework for sovereign rights and jurisdiction enabling the State to regulate activity at sea for different purposes, section 14, as presently drafted, is more than sufficient to enable the enactment of detailed legislation by the Oireachtas aimed at restoring the marine environment, if it is policy. In these circumstances, therefore, I am not in a position to accept these amendments.

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