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Dáil Éireann debate -
Wednesday, 10 Dec 1986

Vol. 370 No. 10

Ceisteanna—Questions. Oral Answers. - Powers to Detain Ships.

20.

asked the Minister for Communications if he is satisfied with the powers he has to detain ships because their cargoes at any given time may damage the fisheries, the tourist industry or other economic or amenity facilities.

Under the Oil Pollution of the Sea Acts, 1956 to 1977, the Minister for Communications has powers to detain a vessel, which is within the territorial seas of the State, if he has reasonable cause to believe that the vessel concerned is in breach of these Acts.

Under these Acts also the Minister has powers to give directions to the owner or master of a vessel to prevent, mitigate or eliminate the effects of oil pollution arising from a maritime casualty. These powers include: the removal of a ship beyond the limits of a harbour, or the restraint or control of its movements; the unloading or discharge of oil or other cargo; the taking, or restriction on taking, of specified salvage measures, or the sinking, destruction or taking over of control of the ship concerned.

Under the Merchant Shipping Acts, 1894 to 1983 the Minister has power also to detain a ship if it is an unsafe ship, that is to say, if it is, by reason of the defective condition of its hull, equipment or machinery, or by reason of undermining or by reason of overloading or improper loading unfit to proceed to sea without serious danger to human life.

The Minister has no statutory power to detain a ship which has sought refuge in bad weather. In order to minimise loss of life at sea this exception was specially provided for in section 6 of the Merchant Shipping Act, 1906 to ensure that foreign ships in distress would not be discouraged from seeking refuge in a port for fear of detention.

The Minister has already indicated in reply to Private Notice Questions in the House on 25 November that he will consider whether the existing law is adequate or whether a change in the law is called for.

The Minister has power all right under a memorandum but I want to allow Deputy Leyden in.

Question Time is over; it is not my fault.

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