Vol. 416 No. 3
8 Mr. Ryan asked the Minister for the Marine if he will reconsider his attitude to the request for compensation from the skipper/owner of the Marie McClements which was dragged along the water by a submarine on 27 November 1989, causing considerable damage to the trawler, particularly as it is impossible for the individual in question to take legal action against the British Government on this issue.
The Government are very seriously concerned about the dangers that submarines pose to shipping. At a recent meeting of the International Maritime Organisation General Assembly, a resolution was proposed by Ireland on the avoidance by submerged submarines of fishing vessels and their gear and was passed unanimously.
The purpose of the resolution was twofold: first, to ensure that submarines navigating through areas where vessels are known to fish use all available means for determining the presence of such vessels and their fishing gear; and second, to ensure that a submerged submarine, if information on the presence of a fishing vessel and its fishing gear is available, will avoid that fishing vessel and any fishing gear connected to it. The International Maritime Organisation — the specialised agency of the United Nations which deals with the safety of shipping and the prevention of pollution from ships — is asking its members to bring these recommendations to the attention of submarine commanders and to develop local agreements to promote safety in areas used by submarines and fishing vessels.
In relation to the particular incident to which the Deputy refers, it would be inappropriate for the Government to intervene in this case as claims for compensation in respect of damage to fishing vessels are essentially a civil matter. I understand that no contact was made by the skipper of the vessel at the time of the incident with the marine rescue co-ordination centre. My Department were notified of the incident on the following day by the Irish Fishermen's Organisation.
The Marie McClements was not registered in Ireland in November 1989 and under inernational maritime law and practice, it is the flag State of a vessel which takes any necessary action relating to a vessel registered under its flag.
I am grateful for the information. However, the former Minister for Foreign Affairs, Deputy Collins, said on 21 May 1991 in the Official Report, columns 1,599 and 1,600 that in cases involving unidentified vessels the Government take whatever action is open to them to assist identification to facilitate any action for damages that may be taken. Arising from that, will the Minister say what action the Government have taken to assist the skipper in this instance to identify the operator of the submarine so that he may seek civil recompense? Does the Minister propose to assist the skipper practically and, if so, what measures do the Government have to stop the irresponsible activity of submarines in Irish waters?
Statements were made at the time and subsequently. No contact was made by the skipper at the time of the incident and the Department were not made aware of it until Mr. Doyle contacted the Irish Fishermen's Organisation. Subsequently my Department and the Department of Foreign Affairs received correspondence from the person's solicitor inquiring about compensation. The reply indicated that claims for compensation in respect of damage to fishing vessels are essentially a civil matter and that the most obvious course would be to pursue the claim through private insurance. I do not think there was enough information to establish identity and it is very different to get information after the event.
This is a matter of record as my question referred to column 1,600 of the Official Report of 21 May 1991. On that occasion the then Minister for Foreign Affairs——
I am sorry to interrupt the Deputy but quotations at Question Time are not in order.
I intend to put it in the form of a question.
Very well.
Did the statement by the then Minister that the Government would assist in seeking to establish the identity of the submarine involved mean anything? If so, what action ensued? What is the status of the Minister's reply this afternoon when he said he is urging self-discipline, if you like, arising from the resolution of the International Maritime Organisation? If the Government cannot identify what submarines are operating, can they not do anything about unidentified submarines and not help in specific cases? Did the Minister's offer of assistance in identifying the submarine involved mean nothing as far as the skipper is concerned?
It has not been possible to identify a submarine in this case. I know it can be very difficult to do so unless there is a direct connection or unless the submarine is caught red-handed in an incident. I know the Deputy is standing in for Deputy Ryan, but the question referred to compensation, which I answered. If the Deputy would like to table another question in relation to the steps which have been taken by the Department of Foreign Affairs or the Department of the Marine to identify the vessel, I will have the matter investigated.
I have done that in the past.
I will permit Deputy O'Sullivan to ask a brief question. Deputy, I have to say that progress on questions today is extremely sluggish. Let us try to expedite matters.
I will be very brief. In view of what the Minister has said, will he give an undertaking to the House that he will endeavour through his Department, and with the assistance of the Department of Foreign Affairs, to identify with the British authorities if one of their submarines caused the damage so that this matter can be resolved once and for all? We cannot identify the submarine.
In view of the supplementary questions raised by Deputies I will inquire into the matter.
