The Naval Service will have expanded powers to board vessels, including those from Russia’s so-called shadow fleet , in Ireland’s maritime zones under new laws being drafted by the Government.
Minister for Defence Helen McEntee received Cabinet approval on Monday to draft amendments to the 1954 Defence Act giving new legal powers to the service.
McEntee said in a statement on Wednesday that recent events in the Baltic Sea and the activities of Russia’s shadow fleet “have highlighted the importance of ensuring that we have the legal framework necessary to respond to evolving threats”.
Under the amendments being proposed, existing laws will be updated to give the Naval Service “clearly defined statutory powers at sea to counter threats in our maritime domain”, the Department of Defence said.
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These will include the ability to board vessels operating in Ireland’s maritime zones, inspect documents, equipment and activities on board a ship, to direct a vessel to leave a specified area or change its course, or require it to cease activities which may threaten critical infrastructure or the marine environment.
It is understood that the Defence Forces can currently board vessels if they are not displaying the appropriate flags or if there is an environmental concern, but that the amendments will define further the circumstances under which a boarding can take place, including where an environmental risk is not immediately apparent.
A Government source said that the approach has been developed in consultation with other EU member states, including France, and that powers will be exercised in accordance with international law.
Such boardings are currently undertaken in line with the United Nations Convention on the Law of the Sea.
However, the new legislation will still not give naval officers the power to seize vessels on their own authority.
It will allow naval boarding parties to board and inspect suspicious vessels on national security grounds but not legally take possession of them and bring them into port.
[ Why is a Russian ‘shadow fleet’ using Irish waters?Opens in new window ]
It is understood the Government is working on a much broader piece of legislation, involving multiple departments, which will eventually give the Naval Service such powers.
Currently the service can take temporary possession of a vessel, but only on authority from other agencies such as the Garda or Revenue. In such cases, they must hand the vessel over to the relevant agency as soon as possible.
These powers were used to allow the Defence Forces to take control of the drug smuggling ship MV Matthew off Cork in 2023. Army Ranger Wing operators were temporarily designated as customs officials to allow them take control of the ship after landing on it from a helicopter.
McEntee said the Defence Forces currently exercise their maritime powers on behalf of other State agencies under other pieces of legislation. “However, the Defence Acts themselves to do not explicitly assign maritime enforcement powers to the Defence Forces.”
The legislation will for the first time provide them with specific statutory powers under the Defence Acts to carry out these functions, she said, adding that the reforms would “address that gap”.
Sanctioned shadow fleet vessels cause environmental and national security concerns, and often exhibit unusual behaviour such as taking economically inefficient routes or sailing well outside recognised shipping lanes.
An Irish Times investigation last year showed a dramatic increase in the number of these Russian-controlled vessels sailing through Irish-controlled waters. Russia has increasingly relied on its shadow fleet to smuggle oil and natural gas following the imposition of sanctions after its full-scale invasion of Ukraine in 2022.
The ships, which are often registered in small, impoverished countries without the means and will to enforce maritime law, are often old and in poor condition, which raises significant environmental concerns.
The legislation will also formally recognise the Defence Force’s long-standing role in providing aid to civil powers such as the Revenue Commissioners and the Garda.
It will also strengthen the legal framework on the protection of military installations, the Department said.
McEntee said the legislation will be prioritised and aims to have it through the Oireachtas before Ireland’s presidency of the council of the EU begins in July.
