Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I thank colleagues for their initiative in tabling this motion on the Antarctic Treaty System in the Seanad. I assure them we are taking it very seriously; that is why I am here.

The wide-ranging provisions of the Antarctic Treaty System are intended to facilitate access to Antarctica for peaceful purposes, to promote scientific co-operation and to govern the relationship among states involved in the Antarctic region. The Antarctic Treaty System comprises the Antarctic Treaty 1959, the Convention for the Conservation of Antarctic Marine Living Resources, the Convention for the Conservation of Antarctic Seals 1972 and the Madrid Protocol on Environmental Protection to the Antarctic Treaty 1991. The treaty and conventions deal with issues relating to, among other things, nuclear testing, scientific research, criminal jurisdiction, environmental protection and conservation, waste disposal, territorial claims and military activity. At the time of its conclusion, the treaty was regarded as making an extremely important contribution to international peace and security, as was mentioned by some speakers, because it preserved Antarctica for exclusively peaceful purposes. Territorial claims to Antarctica were, in essence, put in abeyance, new ones were effectively discouraged and nuclear testing there was prohibited. In addition, the treaty provides for freedom of scientific investigation throughout Antarctica and encourages co-operation to that end.

It is fitting that the motion recalls the modern contributions made by Irish scientists and explorers in Antarctica. We recall the diverse Irish connections with this region, not least through the impressive achievements, mentioned by many Senators, especially those from Kildare, of Ernest Shackleton. The Irish have a long history of Antarctic exploration, including men such as Edward Bransfield, Francis Crozier, Tom Crean, Patrick Keohane, Robert Forde, the McCarthy brothers, Mortimer and Timothy, and Ernest Shackleton from Kildare. All are Irishmen associated with Antarctic exploration. The courage and determination shown by Shackleton, particularly during the infamous Endurance expedition, has been an inspiration to many over the years.

Members of this House will be aware that the first article of the Antarctic Treaty relates to the peaceful use of Antarctica. Ireland recognises that multilateral co-operation must be at the heart of how we seek to deal with global challenges, not least with threats to international peace and security. For Ireland, multilateralism is at the core of how we approach international peace and security. This is expressed in our commitment to UN peacekeeping and to promoting disarmament, which is part of Ireland's foreign policy. It has been demonstrated most recently through our membership of the UN Security Council, which is ongoing until the end of next year. Indeed, we have prioritised climate and security since our election to the UN Security Council and have played a leadership role as co-chair of the informal expert group on climate and security. As we speak, we are currently working on trying to get agreement on the first-ever resolution in the Security Council on climate and security, which may well be voted on next week. We will have to wait and see.

During our presidency in September, Ireland hosted a high-level open debate at the Security Council on climate on security, which was chaired by An Taoiseach.We have since brought forward work on a draft thematic resolution on the matter, to which I have just referred. This builds on an issue that is now firmly embedded in the UN Security Council's work through the inclusion of climate language in several country and regional resolutions and presidential statements. It underlines the link between climate change and the maintenance of international peace and security.

The motion before us also recalls the commitment of the Antarctic Treaty System to protect the climate, wildlife and ecosystems of Antarctica. As I mentioned earlier, Ireland has been actively involved in important global issues such as climate change and acting as an advocate for biodiversity in international forums. Members of this House will be aware that Ireland has signed and ratified a number of international conventions, treaties, protocols and other agreements that seek to provide a global response and approach to protecting biodiversity in ecosystems services, including: the UN Convention on Biological Diversity; the UN Convention on International Trade and Endangered Species of Wild Fauna and Flora; the Bonn Convention; the Global Strategy on Plan Conservation; the OSPAR Convention; and the International Convention for the Regulation of Whaling. Ireland is also a member of the Intergovernmental Platform on Biodiversity and Ecosystem Services and a party to the UN Framework Convention on Climate Change and it also adopted the sustainable development goals. We did more than adopt them; we were central to getting agreement on them, working closely with Kenya.

In December 2020, Ireland applied for observer status to the Arctic Council. While this application has not yet been considered by the Arctic Council Ministerial, we remain interested in Arctic issues and will seek to engage on these issues in the period ahead. Although Ireland was not an original signatory to the Antarctic Treaty and has not since acceded, we support UN General Assembly Resolutions 57/51/2002 and 60/47/2005, which reaffirmed that the management and use of Antarctica should be conducted in accordance with the purposes and principles of the UN Charter in the interests of maintaining international peace and security, and of promoting international co-operation.

I take note of the call within this motion for the Government to complete its assessment of the necessary commitment for accession to the Antarctic Treaty and to commit to taking all necessary steps to accede as soon as possible. The Government does not oppose this motion; it is positive on it. The Antarctic Treaty was signed in Washington on 1 December 1959 by the 12 countries whose scientists had been active in and around Antarctic during the International Geophysical Year of 1957-58. It entered into force in 1961. Some 53 states have acceded to the Antarctic Treaty, as either consultative or non-consultative parties. The motion provides an outline of some of the countries involved. Senators will be aware that not all states support the Antarctic Treaty and that for many years after its conclusion, there was a campaign to have Antarctica treated as the heritage of all mankind, regulated by an agreement within the framework of the United Nations. Given the passage of time and the enduring and developing arrangements within the Antarctic Treaty System, this idea has waned and the Antarctic Treaty is likely to remain the only practical framework for the regulation of human activity in Antarctica.

Consultative parties conduct scientific research in the Arctic and have decision-making authority. Non-consultative parties do not participate in decision-making processes but are bound to carry out the provisions of the treaty and decisions taken within its framework. Accession, as either a consultative or non-consultative party, entails a range of commitments on states. The question of accession by Ireland to the Antarctic Treaty System was last examined over ten years ago and relevant Departments were consulted at that time. That exercise established that accession by Ireland to the Antarctic Treaty and other instruments would require enactment of complex legislation. For example, for Ireland to become a party to the Antarctic Treaty, we would have to enact legislation making it a criminal offence for any citizen of Ireland to commit in Antarctica any act or omission, which if committed in Ireland, would be a criminal offence in the State. It was also considered that accession to the Antarctic Treaty System would likely entail significant commitments by a number of Departments.

Given the passage of time since then, in June 2021 my Department undertook to carry out an assessment to establish the administrative and policy commitments, in addition to the previously identified legislative requirements that would be necessary for accession to the Antarctic Treaty. This initial assessment will form the basis for subsequent discussions with a number of other Departments, including to explore the relative responsibilities of accession. In recent months, my Department has, therefore, been consulting with a number of countries of comparable size to gain further information about their experience of accession and membership of the Antarctic Treaty System. Our embassies have been in contact with the foreign ministries in their countries of accreditation with a view to obtaining this information for relevant Ministers, which include those responsible for the environment, science, public health, education and food safety. This element of the assessment is ongoing.

The Department of Foreign Affairs also intends to examine the measures taken to implement the Antarctic Treaty System in common law countries, such as the UK, New Zealand and Australia. In addition, my Department has prepared terms of reference for an assessment to be carried out in Ireland of the range of legislative policy and administrative requirements of accession. It is expected that this assessment will be completed early next year. On conclusion of the assessment, further consultations regarding commitments will be required with relevant Departments. The precise legislative requirements for acceding to the Antarctic Treaty System are among the issues which are subject to more detailed assessment now. Any specific legislative proposals arising from the assessment will be submitted for the approval of Government in the ordinary way prior to accession.

I am pleased to have an opportunity to provide Members of the House with this update on the Antarctic Treaty System and the assessment and consultations that are in progress regarding the commitments and measures required for accession. We need to be credible. If we are going to do this, we need to do it properly. The Government takes note of the provisions of this motion and welcomes them, including the overview of interests of Ireland more generally in Antarctica. I expect this will be the subject of further engagement with relevant Departments, including in regard to legislative and policy requirements, prior to its return to Cabinet.

On a personal level, I am very committed to trying to get this done. I have set myself and my Department a target of trying to make some definitive progress on this by the end of the first quarter of next year. I would be more than happy to come back to the Seanad at that stage to outline where we are at before we, I hope, can bring recommendations to Government in terms of moving this process forward. There are serious commitments that we need to assess to ensure that we have the capacity to do this properly if we are going to do it. Those who have spoken about Shackleton and others would expect nothing less. This is a very good example of multilateralism working and not only protecting an environment but also managing relationships in terms of competing interests on a very important part of our planet. I would like Ireland to be involved in those efforts in the future. I welcome the opportunity to outline the Government's position on this issue and I look forward to returning to the House with an update.