Dáil Éireann debate -
Wednesday, 26 Oct 1994

Vol. 446 No. 4

Adjournment Debate. - Marine Incident.

Mr. H. Byrne

Thank you, a Cheann Comhairle, for giving me an opportunity to raise this issue. I wish to say, without reflection on my colleague from County Wexford, that I am disappointed that neither the Minister for Foreign Affairs nor the Minister for the Marine is here to answer what I regard as a very serious issue.

On 22 September 1992 an incident took place off the Wexford coast in an area just north of the Smalls. Two vessels, the Orchidee, an Irish registered boat, and the Agena, a French registered boat, were involved. The incident has been politely called a collision, but I have my doubts about that. Two lives were lost in this incident. The families of Bobby Doran aged 20 from Bridgetown, County Wexford, and Jimmy Power from Dunmore East, County Waterford, are still awaiting an answer to their questions 25 months later. The families have two simple questions: what happened and who was responsible? What efforts, if any were made to save these two people? It is interesting that the Agena was left intact and the crew saved while the Orchidee was sunk.

The investigation into the event which took place in international waters is in the hands of the French authorities. A judicial inquiry called a Rogatory Commission has been instituted. To date there have been no results from the work of this commission and the families are still waiting for information. The longer they wait the greater the trauma and suspicion and the stronger the rumour.

Matters have been complicated by international and maritime law. No provision is made under Irish law for the establishment of a similar commission. The marine inspector appointed in Ireland is not recognised by the French authorities and to date his questions have not been answered by them. The discussions involving the Department of the Marine, the Department of Foreign Affairs and the Attorney General's office on how to resolve the legal difficulties have not yielded results. I am aware that officials in the Department of the Marine have expressed frustration. It is the responsibility of the legal section in the Department of Foreign Affairs and the embassy in Paris to make representations to the French authorities.

At my request the Minister for the Marine, Deputy Andrews, raised the matter with his French counterpart last December. In a letter handed to the French Fisheries Minister concern was expressed about the constraints placed on the Irish inspector's investigation. In short his investigation cannot be completed until the French investigation has been completed first. The bereaved families cannot begin to rebuild their lives until justice is done. What began as a human tragedy has been turned into a legal farce. The French judicial system has treated the deaths of Bobby Doran and Jimmy Power with shameful negligence. Justice delayed is justice denied.

I want a cast iron guarantee from the Department of Foreign Affairs that the non-stop pursuit of this issue will be given priority. If this requires us to camp outside the relevant offices in Paris then that is what must be done. There are two grieving families awaiting justice and they want to know what happened at sea on 22 September 1992 to put their minds at rest. They demand that those responsible for the deaths of their loved ones be brought to justice. The Doran and Power families have only their Government to turn to. Concerted action at ministerial level is required. I hope this will be forthcoming.

Minister of State at the Department of the Environment (Mr. Browne, Wexford)

I thank my constituency colleague, Deputy Byrne, for raising this issue and I apologise for the absence of the Minister for the Marine, Deputy Andrews.

A collision between the Irish-registered trawler Orchidee and the French trawler Agena occurred on 22 September 1992, 50 miles off Dunmore East in international waters. The Orchidee had three crew on board. One crew member was rescued by the French trawler, the two other crew members lost their lives.

On the same day, a marine surveyor of the Department was appointed under section 728 if the Merchant Shipping Act, 1894 to report on the accident. The purpose of such an investigation is to determine the cause of the accident and to recommend measures to prevent a recurrence. The marine surveyor interviewed the sole survivor and has largely completed his investigation. However, some two years later, he has not received permission from the French authorities to conduct interview with the French crew, or to obtain any other information from French sources. As a result, the Department's investigation into the accident cannot as yet be finalised. This is a matter of considerable concern to the Department.

The reason for the prolonged delay is the very complex legal nature of the French proceedings in this case. Because of the serious nature of the incident, the French maritime authorities proceeded with a judicial inquiry into the accident. The head of maritime affairs in Auray, France was judically empowered to carry out the inquiry. I understand that he will have assessed during the inquiry whether there is cause for criminal responsibility on the part of the skipper and crew of he Agena or other persons. His findings have to be presented to the French maritime court where proceedings are renewed and judgment eventually given.

In 1993, the judge carrying out the inquiry forwarded questions relating to the accident to the Irish authorities through diplomatic channels. At the same time a comprehensive list of questions relating to the accident was prepared by the marine surveyor appointed to report on the accident. These were forwarded last year to the Department of Foreign Affairs for transmission through the French embassy to the French authorities.

The judicial inquiry was completed last April. The Department understands from the embassy in Paris that the judge has not yet presented his findings to the maritime court but has indicated this will be done fairly soon.

The Department, with the assistance of the Department of Foreign Affairs and the Irish embassy in Paris, is constantly pressing the French authorities for progress. Meetings have taken place between embassy officials and the relevant French officials in Paris. The Minister personally raised the matter with the French Minister for Agriculture and Fisheries last February and was assured that the matter would be expedited and completed within a few months. While the French judicial proceedings have been under way it has been difficult to obtain substantive information on developments.

In addition to pursuing the matters through diplomatic channels the Department is also endeavouring to obtain permission from the French authorities to have observer status at the ongoing judicial proceedings. Even this has proved difficult to achieve to date.

No stone is being left unturned in our efforts to advance matters urgently with the French authorities so that the Irish investigations can be finally completed. A report of the investigation will, subject to legal considerations, be published as soon as possible thereafter.

Senior officials have been keeping in regular contact with the families and will, of course, continue to advise them of developments. The matter has been given, and will continue to be given, the utmost priority. The concerns and anxiety of the bereaved relatives to bring this matter to finally are entirely understandable and fully shared.