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Dáil Éireann debate -
Wednesday, 26 Nov 1980

Vol. 324 No. 8

Ceisteanna—Questions. Oral Answers. - Whiddy Island Disaster.

5.

asked the Minister for Transport if, further to the receipt by the Government of the report of the tribunal of inquiry into the Whiddy Island disaster, he will outline the action the government propose to take in relation to the findings of the tribunal.

6.

asked the Minister for Transport the action his Department intend to take as a result of the findings of the public inquiry into the Whiddy Island disaster.

7.

asked the Minister for Transport the steps he has taken to implement the recommendations of the Costello Report on the Whiddy Island disaster and the time-table for the implementation of these recommendations.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 46, 47 and 48 together.

Simultaneously with the publication of the report of the tribunal of inquiry, the Government announced that it would give effect to the recommendations contained in the report, which the tribunal had made having regard to its findings, so far as the recommendations came within the sphere of the Government's functions. The report recognised that a number of the recommendations could be given effect to only by international action, and recommended that the Government should seek the co-operation of the appropriate international organisations in having the recommendations in question implemented. The Government indicated that it would take the necessary steps in this regard.

I subsequently wrote to the Inter-Governmental Maritime Consultative Organisation (IMCO), which is the specialised United Nations agency responsible for safety of life at sea, and to various other international organisations concerned, requesting their assistance in the implementation of recommendations which call for international action. The organisations in question have offered full co-operation in the matter and have undertaken to carry out detailed studies of the recommendations, while maintaining liaison with IMCO, so as to ensure co-ordination of effort. Officers of my Department have discussed the question with IMCO and with the other bodies, and arrangements have been made to have the recommendations and the report discussed at the forthcoming meeting in December of IMCO's Maritime Safety Committee, which officers of my Department will attend. IMCO have indicated how implementation of a number of the recommendations could be promoted by the various technical subcommittees.

I propose to introduce shortly legislation to enable effect to be given to the International Convention on Safety of Life at Sea, 1974, and the 1978 protocol thereto, as well as providing for heavier fines on unsafe vessels entering Irish ports, as recommended by the tribunal.

In regard to the recommendation concerning conditions at oil terminals, which make up the majority of the recommendations in the report, most of these are already given effect to in the Dangerous Substances (Oil Jetties) Regulations, 1979, or can readily be implemented under the powers conferred by the regulation on the Minister for Labour.

With regard to the recommendation that tankers should be required to complete a check-list before entry into port, the EEC have already prepared a directive to this effect and a draft order implementing the directive has been sent by my Department to Brussels for clearance before making.

The Minister for the Environment is examining the question of the introduction of legislation concerning the jurisdiction of fire authorities, as recommended in the report.

Discussions have taken place between the Departments of Tourism and Transport, Labour, Environment and the Public Service about the implementation of the recommendations generally, and about special arrangements for co-ordination of activities and the monitoring of continuing progress in the implementation of the recommendations.

The recommendations have also been brought to the attention of harbour authorities, oil companies, and other oil importers, for implementation by them as appropriate.

I would like the Minister to tell us what findings he hopes will emanate from the IMCO Conference in December? Will such a conference apportion the responsibility for the disaster or will it be left to an international court?

The second part of the question deals with litigation and I understand that matter is being discussed in various other places at this time and I would not like to comment on it. As far as the European meeting is concerned all matters concerning the recommendations that will be put before us will be discussed at that time and I am satisfied that the recommendations will be implemented.

What interim measures are being made to compensate the dependants of the victims of the disaster?

I would think that that is a matter for litigation so it would not be appropriate for me to discuss it.

Have the Government taken any lead in this matter?

As I said, this is a matter for litigation. It would not be appropriate for the Government to take steps in this regard.

This is a most unsatisfactory situation. The decision will have to await the findings of the International Court.

I would agree, yes.

I would suggest that the question appertains to what steps were being taken as far as the Department were concerned with a view to implementing the recommendations. As I pointed out, there are a number of measures being taken nationally, and also internationally, to bring about a situation where the recommendations will, have full effect in the future.

May I ask the Minister, in relation to that part of his extensive reply if, since circulating the report to the oil companies and harbour authorities, he has seen fit to inspect whether some or all of the recommendations contained in that report have actually been implemented by both the oil companies and the various harbour authorities and, if so, if he could give the approximate dates and times of when such imspections were made?

I am not in a position to give that information, except to point out that legislation dealing with Safety of Life at Sea, will be before the House in the very near future and will be comprehensive in dealing with the matters referred to. The Department of Labour would, in effect, be the more appropriate authority for dealing with the second part of the question.

If the Minister reads his brief fully, he will find that the legislation SOLAS will have nothing to do with the question of administration of jetties.

That is quite true.

Therefore his reply to my first question is quite inaccurate. The Minister in his first reply — and he might like to re-read it himself — stated that certain recommendations contained in the Costello report in relation to jetties had been brought to the attention of oil companies and various harbour authorities and that the Government had done this. I simply asked if he can state two things, firstly, when did he bring it to the attention of the various companies and secondly, have his Department followed it up by inspection?

Regular meetings have taken place between the various Departments with a view to implemention the recommendation referred to by the Deputy.

A final supplementary, please.

I would point out that what I stated, as far as the recommendations about Safety of Life at Sea, was that it was important legislation which should be on the Statute Book and also the question of the Department of Labour's involvement in the implementation of the Dangerous Substances Act.

A final supplementary from Deputy O'Keeffe.

With respect, the Minister has not answered the question.

Firstly, what has been the reaction or response of the Gulf Oil Company to the Government's approach when the recommendations were brought to their attention? Secondly, so far as it falls within the ambit of the Department of Transport, can the Minister give any indication to the House about the future of the terminal at Whiddy Island?

I am not in a position to give a detailed response to what the Gulf Oil Company might or might not have thought as far as the recommendations are concerned. They made no public statements in that regard.

I understood that the Government approached them.

On the question of reconstruction taking place at Whiddy, should that reconstruction take place, it will be carried out in accordance with the regulations as outlined in the various——

I hope that they did not promise the Minister a free trip around the world, like his predecessor.

Question No. 8.

Has the Minister any information on the reconstruction of Whiddy Island terminal?

The reconstruction of Whiddy has not yet taken place.

Would the Minister please answer the next question?

Has the Minister any information on when it will take place if at all?

The Minister is not prepared to answer.

The rest is silence.

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