James McDaid
Question:20 Dr. McDaid asked the Minister for the Marine if he will give details of the outcome of the recent Maritime Transport Council meeting which was held in Luxembourg; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Maritime Transport Council Meeting.
The main item of interest at the June Maritime Transport Council was the proposal for a Council regulation applying the principle of freedom to provide services to maritime transport within member states. This allows vessels registered under the flags of member states to participate in the coastal trades of other member states, that is, to pick up cargoes at one port within a member state and deliver that cargo to another port within the same country.
Ireland has an open ports policy. Traditionally, some member states, principally the Mediterranean countries, have had closed coastal trades with only national flag vessels having access to cargoes with both a domestic origin and destination. This was adjudged to be in conflict with the competition rules of the Treaty of Rome and with provisions regarding the rights of establishment. In particular the terms of the Single European Act require the removal of barriers to free and fair competition within the Community by the end of this year.
Following discussions lasting more than five years a compromise formula has been agreed which will open access to coastal trades within member states on a phased basis. Work on this problem was a major item during the Irish Presidency and I am glad to say that many of the principles established under our stewardship such as the gradual phasing in of liberalisation and the distinction between mainland and island cabotage, have been retained in the final agreement.
The Council also called for work on two other important areas of Community interest to be expedited. These are the proposals to create a Community shipping register and the agreement on a directive on vessels carrying dangerous or polluting goods in packaged form or in bulk. Ireland has been keenly supportive of this latter measure which will be of major help in ensuring that cargoes whether in bulk or in containers are accurately described and that this information is communicated to the shipowner, the master of the vessel and each port of call.
Can the Minister of State tell the House how the proposed Council directive which will lay down the minimum requirements in relation to vessels entering or leaving Community ports and carrying dangerous or polluting goods will be of help in resolving the problems which have arisen following the mv Kilkenny disaster?
This directive which was discussed at the meeting of the Council of Ministers which I attended recently has two main objectives. First, it will ensure that the shipowner or the master of the ship are made fully aware by the shipper or his agent if any dangerous or polluting goods in packaged form or in bulk will be carried. Second, and this will be of interest to Deputy Stafford, the operator of a vessel carrying dangerous or polluting goods will be required to notify the competent authorities in the Community port of destination and to provide a position report as soon as the vessel enters the coastal zone of a member state. The finer details of the directive, including the length of advance notice to be given to member states, tonnage and the threshold for reporting requirements are still under consideration by the working party. If this directive had been in place already the situation might have been different in relation to the mv Kilkenny.
Can the Minister of State say if the owner of the vessel, rather than the packager or the sender, will be held responsible in relation to all the cargo? This question gave rise to difficulties in the case of the mv Kilkenny when it seemed that one or the other did not take responsibility.
As I said, the finer details will be worked out possibly at the next meeting of the Council of Ministers in Edinburgh towards the end of this year under the British Presidency. I cannot confirm if the owner will be held responsible but I can only assume — perhaps it is wrong to do so — that he will have to accept some responsibility. We will raise this point with the Council of Ministers, the Commission and the Presidency.
That disposes of questions for today.
On a point of order, I seek your advice and guidance on a matter which is the source of great concern for several hundred small farmers in my constituency, in the Ardara, Glencolmcile and Glengesh areas where following torrential rain last Tuesday there was a massive landslide with the result that the livelihoods of these small farmers have been placed in jeopardy. I endeavoured to raise this matter by way of Private Notice Question this afternoon, but I regret to say that I was unsuccessful. I seek your advice, therefore, on what I should do in an effort to draw the Minister's attention to this serious problem in the House.
The matter raised by the Deputy is not in order. However, my office has communicated with him as to how he may proceed in dealing with the matter to which he has referred. The Deputy may assume that my co-operation will be forthcoming in that regard.
I am most anxious to have it dealt with this week, if at all possible.
Today is Thursday and I have decided on which matters may be raised on the Adjournment today. While there is no opportunity for us to deal with it tomorrow, the Deputy will be facilitated next week.
Might I assure the Deputy — since it is a very serious matter — that I have already been in contact with the Minister for the Environment, the Minister for Agriculture and Food and Donegal County Council. In addition, Deputy McGinley and I will exercise the necessary pressure to assist the people of Glengesh, Leamagowra, Largynaseeragh, Meenaneary, Maghera and the other regions there.