Dáil Éireann debate -
Thursday, 2 Jul 1992

Vol. 422 No. 1

Written Answers. - Marine Legislation.

Jim Higgins

Question:

54 Mr. J. Higgins asked the Minister for the Marine if he will give details, in respect of his Department, of (a) the legislation promised in the Oireachtas since 1989 and (b) the legislation introduced to the Oireachtas; and if he will make a statement on the matter.

Jim Higgins

Question:

55 Mr. J. Higgins asked the Minister for the Marine if he will give details of the legislation for which he is responsible enacted by the Oireachtas which has not yet gone into effect; and if he will make a statement on the matter.

Ivor Callely

Question:

57 Mr. Callely asked the Minister for the Marine when appointments will be made to establish the Marine Institute; and if he will make a statement on the matter.

Minister for the Marine (Dr. Woods)

I propose to take Questions Nos. 54, 55 and 57 together.

(a) The following is a list of legislation in respect of my Department, promised in the Oireachtas since 1989: The Dún Laoghaire Harbour Act, 1990; The Fishery Harbour Centres (Amendment) Act, 1992; The Harbours (Shannon Estuary Development Corporation) Bill, 1988; The Fisheries (Amendment) Act, 1991; The Merchant Shipping (Liability of Shipowners and Others) Bill, and The Merchant Shipping (Wreck and Salvage) Bill.

(b) The following legislation was introduced by the Oireachtas: The Dún Laoghaire Harbour Act, 1990; The Fishery Harbour Centres (Amendment) Act, 1992; The Fisheries (Amendment) Act, 1991;

Details of legislation for which I am responsible, enacted by the Oireachtas which has not come into effect are as follows: (1) The Oil Pollution (Civil Liability and Compensation) Act, 1988; A Commencement Order has been prepared and will be signed shortly. However, the full implications of the Act will not become effective until the State ratifies the Conventions/Protocols to which the Act gives effect in domestic lawviz. the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage and its Protocol of 1976. On ratification (currently being arranged by the Minister for Foreign Affairs) oil tankers coming into or leaving the State's harbours, terminal installations or offshore terminals will be required to hold adequate insurance to cover damage and the major oil importers will be required to contribute to a Compensation Fund from which compensation may be made in the event of compensation under insurance being inadequate or unavailable i.e. it serves as a top up.

(2) The Sea Pollution Act, 1991; A Commencement Order to bring into operation all provisions of the Act other than those relating to oil discharges has been prepared and will be signed shortly. The Act gives effect to the International Convention for the prevention of Pollution from Ships, 1973 and its 1978 Protocol — commonly referred to as MARPOL 73/78 — and to the Protocol relating to Intervention on the High Seas in cases of pollution by substances other than oil. Regulations to give effect to the obligatory Annexes of MARPOL 73/78 relating to discharges of oil and noxious liquid substances carried in bulk are being drafted. Until they have been laid before the Houses of the Oireachtas the Oil Pollution of the Sea Acts, 1956-1977 will remain in force and the "oil" provisions of the new Act cannot become operative.

(3) The Merchant Shipping Act, 1992. A Commencement Order to give effect to all Parts of the Act except Part II is ready for signature by me. Date of signature will be dictated by reference to my Department's ability to cope with the regulatory measures for "passenger boats" under the Act. These measures include inspection of vessel, grant of licence subject to requirements with regard to numbers to be carried and waters that may be plied and such restrictions and conditions as is considered necessary. Part II of the Act which deals with the regulation of "passenger ships" by way of survey, grant of passenger certificates etc. will be brought into operation later this year. These ships are adequately regulated at present except in so far as penalties for non-compliance with requirements are too low and insurance cover is not compulsory. The heavy penalties under the new Act will apply straightaway.

(4) Marine Institute Act, 1991. As I explained to the House on an earlier occasion, work is progressing in my Department on the administrative, budgetary, and other issues involved in setting up the Institute, many of which are complex and require a process of consultation and, indeed negotiation. I am confident, however, that good incremental progress can be made in the meantime, in line with the objective of establishment at an early date.