asked the Minister for the Marine if he will make a statement on the serious problems caused by abandoned or engine-failed ships off the coast of Ireland; whether he has any plans to make it mandatory for information to be supplied on (a) the identity of deep sea tugs and their proximity to various areas around the coastline, (b) their travelling times and (c) power relative to size of distressed vessels; and whether he has any plans to legislate that any vessel in distress should be obliged to take a towline aboard from an adequate tug to avoid foundering, having regard to the fact that the costs of all such exercises should be borne by the owners of the ships involved.
Ceisteanna—Questions. Oral Answers. - Abandoned Ships.
18.
Recent events have shown the extent to which Ireland as a maritime nation in the path of the prevailing south-westerly winds at the edge of the Atlantic, which lies to the west, south and south-west of the country, is exposed to the dangers of maritime threat, whether from such instances as the holing of the bulk carrier Yarrawonga, the foundering of the fishing vessel Big Cat off the coast of Valentia, or the sinking of the cargo vessel Secil Angola off the north-west coast.
I understand that there are only two commercial ocean going tug companies based in Northern Europe and the location of their tugs at any time depends on their work commitments. Their travelling time depends in the first instance on many factors, including the distance they are required to travel as well as the conditions of the seas and the strength of the wind. Details regarding the registered power of any tug are readily available to the Marine survey office of my Department.
The Deputy's suggestion raises certain difficulties both practical and legal. In the first instance, a towline may not always be available. Secondly, the taking of a towline on board a vessel is usually a matter for the master and owner of the vessel. However, the International Convention relating to Intervention on the High Seas in cases of Oil Pollution Casualties which Ireland has ratified allows coastal states to take such measures as should be necessary to prevent oil pollution from a vessel. These measures include the taking or the restriction on taking of specified salvage measures.
I should point out in a case where there is no imminent grave danger of oil pollution, domestic legislation cannot be enforced beyond the 12 mile limit and a court in a foreign jurisdiction is unlikely to enforce an Irish judgment if the liability under Irish law is not internationally accepted. Therefore, the Deputy's suggested measures are only likely to be enforceable against Irish registered ships and foreign vessels in Irish territorial waters.
It is hoped to bring before the House shortly a Bill which will enact into Irish law MARPOL 73/78 and the Intervention Protocol. MARPOL deals with pollutants other than oil i.e. noxious liquid substances, harmful substances, sewage and garbage. The Intervention Protocol empowers states to take action in relation to ships on the high seas which may be a threat of pollution by substances other than oil.
Will the Minister agree that any ship in difficulty on the high seas poses a pollution threat because of the extensive bunkering on board?
I agree.
Would not the threat of oil pollution exist in every case? Will the special provisions which the Minister mentioned apply in all cases and not just in limited cases?
As I said, where there is no imminent grave danger of oil pollution, domestic legislation cannot be enforced. A corollary is that when there is grave danger of oil pollution, domestic legislation can be enforced. When the Deputy reads my reply he will fully appreciate the position.
I am suggesting that there is always a threat of oil pollution at sea because of bunkering.
The matter should not lead to argument.
The Deputy will appreciate that many conventions were not ratified. However, I am pleased to say that since March 1987 we have been a member of several conventions. I referred to the Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1987, which ratified the International Convention on Civil Liability for Oil Pollution Damage under the 1969 and 1976 Protocol. We also have MARPOL which deals with pollutants and the Oslo and London Conventions. The Intervention Protocol will also be enacted as soon as possible. We will then be in line with all the other countries. I appreciate that any boat at sea is a threat but that applies to all cars on the road.