IE-2019-act-40 — Prohibition of Nuclear Weapons Act 2019

Definitions 1. In this Act— “act” includes omission and a reference to the committing of an act includes a reference to the making of an omission; “hostile purpose” means, in relation to a nuclear weapon or other nuclear explosive device, for the purpose of causing, or being likely to cause, death or serious injury to any person or substantial damage to property or the environment; “nuclear weapon or other nuclear explosive device” means any weapon or other explosive device capable of releasing nuclear energy that is designed for a hostile purpose or for use in armed conflict, and includes such a weapon or device in unassembled or partly assembled forms but does not include the means of transport or delivery of such a weapon or device if separable from, and not an indivisible part of, such a weapon or device; “transfer” means, in relation to a nuclear weapon or other nuclear explosive device— (a) the physical transfer or movement of a nuclear weapon or other nuclear explosive device, or (b) the transfer of title to, or control over, a nuclear weapon or other nuclear explosive device; “Treaty” means the Treaty on the Prohibition of Nuclear Weapons done at New York on 7 July 2017, the text of which is set out in the Schedule for convenience of reference. Offences 2. (1) It shall be an offence for a person to— (a) develop, produce, manufacture, acquire or possess, (b) transfer, directly or indirectly, to any person, (c) receive the transfer, directly or indirectly, of, (d) use or threaten to use, or (e) station, install or deploy, a nuclear weapon or other nuclear explosive device. (2) A person who assists, encourages or induces the commission of an offence under subsection (1) shall be guilty of an offence. (3) A person who seeks or receives assistance from any person to commit an offence under subsection (1) shall be guilty of an offence. (4) In proceedings for an offence under this Act, a weapon or other explosive device capable of releasing nuclear energy is presumed to be designed for a hostile purpose or for use in armed conflict unless the court or jury, as the case may be, is satisfied, having regard to the whole of the evidence, that there is a reasonable doubt that it is so designed. Offences outside State 3. (1) A person who, in a place outside the State, commits an act that would, if the act occurred in the State, constitute an offence under section 2 , shall be guilty of an offence if— (a) the act is committed on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 , (b) the act is committed on board an aircraft registered in the State, or (c) the person is a member of the Defence Forces. (2) A person to whom subsection (1) applies who attempts, in a place outside the State, to commit an offence to which that subsection refers shall be guilty of an offence. (3) Proceedings for an offence under this section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place. Penalties 4. A person guilty of an offence under section 2 or 3 shall be liable on conviction on indictment to— (a) a fine, or (b) imprisonment for life or such lesser term of imprisonment as the court may determine, or both. Double jeopardy 5. (1) Where a person has been acquitted of an offence in a place outside the State, he or she shall not be proceeded against for an offence under this Act consisting of the alleged act or acts constituting the first-mentioned offence. (2) Where a person has been convicted of an offence in a place outside the State, he or she shall not be proceeded against for an offence under this Act consisting of the act or acts constituting the first-mentioned offence. Offences by body corporate 6. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. Short title and commencement 7. (1) This Act may be cited as the Prohibition of Nuclear Weapons Act 2019. (2) This Act shall come into operation on such day or days as the Minister for Foreign Affairs and Trade may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.