STATUTORY INSTRUMENTS

S.I. No. 379 of 2001

Decommissioning Act, 1997 (Decommissioning)

(Supplementary) Regulations, 2001

Published by the Stationery Office, Dublin

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DECOMMISSIONING ACT, 1997 (DECOMMISSIONING) (SUPPLEMENTARY) REGULATIONS, 2001

WHEREAS the Government and the Government of the United Kingdom, by an agreement between them done on the 26th day of August, 1997, established the Independent International Commission on Decommissioning (“the Commission”);

AND WHEREAS it is enacted by section 2(1) of the Decommissioning Act, 1997 (No. 3 of 1997) that regulations may provide for the decommissioning of arms;

AND WHEREAS it is provided by section 4(2)(g) and (h) of the said Act that regulations may provide for the functions of the Commission and its role generally in relation to the decommissioning of arms or any particular method or manner of such decommissioning, and for any other matters that the Minister for Justice, Equality and Law Reform considers necessary for the purposes of the Act;

AND WHEREAS regulations (the Decommissioning Act, 1997 (Decommissioning) Regulations, 1998 to 2001) have been made under the said provisions of the said Act providing for methods and manners of decommissioning of arms, and the role of the Commission in relation to these;

AND WHEREAS the Government have consulted with the Commission on making supplementary provision for the decommissioning of arms to facilitate the process of decommissioning;

AND WHEREAS as a consequence the Minister for Justice, Equality and Law Reform proposes to make the following Regulations;

NOW I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 7(1) of the Decommissioning Act, 1997 (No. 3 of 1997) , and the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), make the following Regulations:

Preliminary

1.      These Regulations may be cited as the Decommissioning Act, 1997 (Decommissioning) (Supplementary) Regulations, 2001.

2.      These Regulations shall come into operation on the 3rd day of August, 2001, and shall expire on the 27th day of February, 2002.

Interpretation

3.      (1)      In these Regulations -

“the Act” means the Decommissioning Act, 1997 ;

“the Commission” means the Independent International Commission on Decommissioning established by an agreement between the Government and the Government of the United Kingdom done on the 26th day of August, 1997, and, in Regulations 10 and 11, includes any person duly authorised by the Commission to perform on its behalf the functions of the Commission under those Regulations;

“contact person” means a person who has given notice to the Commission in accordance with Regulation 6(1);

“intermediary”, in relation to a person, means a person authorised by the first-mentioned person to act on the person's behalf, being an authorisation notice of which has been given to the Commission;

“paramilitary organisation” means -

(a)      an unlawful organisation (within the meaning of the Offences against the State Act, 1939 (No. 13 of 1939) , in respect of which a suppression order under that Act is in force, or

(b)      a proscribed organisation for the purposes of the Act of the British Parliament entitled the Terrorism Act 2000.

(2)      In these Regulations -

(a)      a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended, and

(b)      a reference to a paragraph is a reference to a paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Methods and manners by and in which the decommissioning of arms may take place

4.      Decommissioning of arms may take place by making the arms permanently inaccessible or unusable.

Provision of information by the Commission

5.      The Commission may provide to a person who seeks information from it in relation to making arms permanently inaccessible or unusable or the application of these Regulations such information as it considers appropriate.

Notice of intention to make arms permanently inaccessible or unusable

6.      (1)      A person who proposes to make arms permanently inaccessible or unusable on behalf of a paramilitary organisation in accordance with Regulation 4, or an intermediary of that person, shall, before doing any other act leading to their being made permanently inaccessible or unusable, give notice to the Commission of the proposal in accordance with arrangements made with the Commission.

(2)      The process of making any particular arms permanently inaccessible or unusable shall be deemed to commence on the receipt by the Commission of notice under this Regulation as respects which the Commission is satisfied that it -

(a)  is given on behalf of a paramilitary organisation, and

(b)  contains sufficient information to indicate a clear intention to make specified arms permanently inaccessible or unusable.

Provision of information to Commission

7.      (1)      A contact person shall provide the Commission with such information as it may require in relation to the proposal to make arms permanently inaccessible or unusable.

(2)      A person who has provided information to the Commission in accordance with paragraph (1) -

(a)      shall not intentionally disclose any of the information to a person who is not acting with him or her in relation to the proposal aforesaid without the agreement of the Commission,

(b)      shall not do anything which affects the accuracy of the information provided, and

(c)      if he or she becomes aware of any matter that affects the accuracy of the information provided, inform the Commission of that matter as soon as practicable.

(3)      The Commission shall keep a record of information provided in accordance with paragraphs (1) and (2)(c).

Making of arrangements for the purpose of making arms permanently inaccessible or unusable and ensuring public safety

8.      (1)      The Commission may make such arrangements with a contact person, or an intermediary of that person, as it considers appropriate to facilitate the making of arms permanently inaccessible or unusable in accordance with the Act and these Regulations and may agree with a contact person, or an intermediary of that person, such conditions in relation to making arms permanently inaccessible or unusable as it considers necessary on grounds of public safety.

(2)      Persons taking part in the process of making arms permanently inaccessible or unusable shall act in accordance with any arrangements made under these Regulations and any conditions agreed under paragraph (1).

Location at which the making of arms permanently inaccessible or unusable may take place

9.      The locations at which the making of arms permanently inaccessible or unusable may take place shall be determined in accordance with arrangements made between the Commission and the contact person concerned, or an intermediary of that person.

Movement of arms prior to their being made permanently inaccessible or unusable

10.     (1)      The movement of any arms for the purpose of making them permanently inaccessible or unusable to a location determined pursuant to Regulation 9 by a person other than the Commission shall be in accordance with arrangements made by the Commission with that person and subject to any conditions agreed by the Commission with that person.

(2)      The Commission may, on grounds of public safety, prohibit the movement of specified arms or specified types of arms.

(3)  Without prejudice to the generality of paragraph (1), conditions agreed under that paragraph may relate to -

(a)  the location to which arms may be moved,

(b)  the quantity of arms which may be moved at any one time,

(c)  the method of transportation to be used, and

(d)  the condition in which arms may be moved,

and may include a condition that firearms are unloaded and explosives and explosive substances are unprimed when being moved and that arms are not moved by means of public transport.

(4)      Where the Commission has agreed arrangements under which the movement of arms may take place, it may give a person moving arms in accordance with the arrangements a document showing that the arms described in the document are, for the purpose of making them permanently inaccessible or unusable, being moved by the person under arrangements made by the Commission.

(5)      The Commission shall keep a record of any conditions agreed under paragraph (1) and a copy of any document issued in accordance with paragraph (4).

(6)      A person moving arms in accordance with this Regulation shall inform the Commission of the arrival of the arms at the location determined in accordance with Regulation 9 unless the Commission has taken part in the movement of the arms in question or is at the location when the arms arrive there.

Recording of information before making arms permanently inaccessible or unusable

11.     (1)  Before the making permanently inaccessible or unusable of any particular arms in accordance with these Regulations, the Commission shall make a record containing such information as it considers necessary in relation to those arms, or where appropriate shall arrange with the contact person concerned, or an intermediary of that person, for the making and delivery to it of such a record.

(2)  Where necessary and to the extent possible, the Commission shall verify the information in a record delivered to it under paragraph (1) by inspection.

Making arms permanently inaccessible or unusable

12.      The making of arms permanently inaccessible or unusable and the verification of such making shall be effected by such measures to make the arms no longer accessible or to put them completely beyond use as shall be determined by the Commission after consultation with the contact person concerned, or an intermediary of that person.

Confidentiality

13.     (1)      Subject to paragraph (2), the Commission shall ensure that all information received by it in relation to making arms permanently inaccessible or unusable is kept confidential and that any records maintained by the Commission are kept secure.

(2)      The Commission may disclose information received by it where such disclosure is necessary -

(a)      for reasons of public safety,

(b)      to confirm the legitimate participation in the decommissioning process by those eligible to participate in it, or

(c)      to discharge the duty of the Commission to report to the Government and the Government of the United Kingdom.