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Dáil Éireann debate -
Tuesday, 20 Oct 1987

Vol. 374 No. 3

Ceisteanna—Questions. Oral Answers. - Maritime Legislation Review.

6.

asked the Minister for the Marine the review of legislation, if any, which has been undertaken in the light of the circumstances surrounding the Kowloon Bridge problem; and the proposals, if any, he has for new legislation in this regard.

I have completed my review of relevant maritime legislation in the aftermath of the Kowloon Bridge casualty and I will be introducing legislation shortly to deal with shortcomings and deficiencies which have been identified in the existing law. The Oil Pollution of the Sea (Civil Liability and Compensation) Bill has already been circulated to Deputies and I hope to bring forward other measures within the current session.

The Minister for Foreign Affairs has also announced his intention of extending the territorial waters of the State to 12 miles. This should assist in the more effective management of the coastal area.

Has the Minister any plans by way of amending legislation to alter the 1906 Act and especially that provision which allows for force majeure, in other words for ships which come in distress to a port to be forcibly detained in that port? This was the section which prohibited that action being taken when the Kowloon Bridge disaster took place.

As I said, I have already circulated the Oil Pollution of the Sea (Civil Liability and Compensation) Bill and at present we are drafting the Sea Pollution Bill which covers matters other than oil pollution. There would appear to be a necessity for some emergency legislation to deal with some of the issues that arose following the Kowloon Bridge affair. My intention is to review all of the Merchant Shipping Acts with a view to bringing our maritime legislation into the 20th century and into line with international protocol and regulations.

Would the Minister not accept that the force majeure provision in the 1906 Act is in line with international regulations? As this was the weak section in relation to detaining the Kowloon Bridge and if that was decided on as wise, has the Minister any plans to amend the relevant section and to provide for powers to detain ships even where they enter ports in distress?

A number of measures have come to light resulting from the Kowloon Bridge disaster and all of these are at present under examination. If there is a necessity, and there will be a necessity, for amending legislation it will be brought forward as speedily as possible.

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