Vol. 451 No. 4
30 Mr. H. Byrne asked the Minister for the Marine the reason for the inability of the Department of the Marine surveyor to complete the investigation into the sinking of the Orchidee on 22 September 1992 as legislated for under section 728 of the Merchant Shipping Act, 1894. [1307/95]
95 Mr. H. Byrne asked the Minister for the Marine the progress, if any, made by his Department in its investigation into the sinking of the Orchidee on 22 September 1992, which resulted in the loss of life of two crew members; the steps, if any, taken by his Department since Deputy Byrne raised the matter in Dáil Éireann on 26 October 1994; and if he will make a statement on the matter. [1288/95]
I propose to take Questions Nos. 30 and 95 together.
This is a difficult matter. Progress in the investigation has been very slow because the marine surveyor of the Department of the Marine, who was appointed to report on the collision, has not yet received permission from the French authorities to interview the crew of the French fishing vessel involved, the Agena. He is also awaiting a response to other information which he has sought from the French authorities. As a result, the Department's investigation into the accident cannot be finalised.
Because of the seriousness of the collision and the tragic loss of two fishermen, the French authorities decided to hold a judicial inquiry into the matter. The head of maritime affairs in Auray, France, was granted judicial powers to carry out the inquiry through a procedure known as a "Rogatory Commission". He will assess whether or not criminal proceedings are warranted and will be reporting his findings to the French maritime court in Lorient.
I am less than satisfied with the pace of these proceedings. Strenuous efforts have been made through the Department of Foreign Affairs and the Irish Embassy in Paris to speed up the process.
Since the matter was last raised, the Department has taken the further step of writing directly to the head of the judicial inquiry in France, urging him to complete his task as quickly as possible and pointing out that the continued delay was causing great distress for the families of the victims. The marine surveyor appointed to carry out the investigation has, through a procedure similar to the Rogatory Commission, made a further formal request to the French judicial authorities seeking the information and documents which would allow him to complete his investigation.
Since the accident the Department has at all times kept the bereaved relatives fully informed of progress in the investigation. Department officials will maintain regular contact with the families. I regret that this delay has prolonged the agony of the families.
While I welcome the Minister's sympathy for the families involved and the fact that he is unhappy with the progress on this matter, successive Ministers have offered sympathy and assurances to the Doran and Power families. I recognise the Department has tried hard to bring this matter to a conclusion but, two-and-a-half years on, the families are still grieving and that is simply not acceptable. Justice has not been served in this case and I ask the Minister to raise this matter personally with his counterpart in France.
I have raised this issue on many occasions, the last of which was on 22 October. The Minister informs me that since then only one letter has been written in regard to this case. That is not good enough. I appeal to the Minister to ask his colleague, the Tánaiste and Minister for Foreign Affairs, to intervene in this matter. He should have shown more concern for these families during the past two-and-a-half years. In view of the gross miscarriage of justice constituted by the delay in this case, I ask the Minister to request the Taoiseach also to become involved in the matter. I accept the Minister's point that a delay of two-and-a-half years in this case has prolonged the agony for these families. The Minister is aware that the fishing community in the country, and beyond, grieves when one of their own is hurt.
I would gladly do anything that would be effective. If contact with my French counterpart would help, I will gladly make it. In fact, it is possible that I may be meeting with him next Thursday at the Fisheries Council meeting. If he is at the meeting, and I presume he will be because France has the Presidency at the moment. I will raise the matter with him. To be fair to both the Taoiseach and the Tánaiste, this matter is locked up in the French judicial system and it is beyond the power of politicians to unlock it. I will do what the Deputy asks but I do not want to raise people's expectations that this will produce an instant answer because they have suffered enough. The Deputy knows the problems of legal systems, even here. I am informed that progress is being made, but too slowly. The Department of Foreign Affairs is already involved in the matter and it is not correct for the Deputy to say that all that has happened in the past six months is that one letter was written. I am informed there have been contacts through the Department of Foreign Affairs. I will reinforce the urgency of the matter following the points raised by the Deputy.
The Minister should not underestimate his power, or, indeed, that of the Taoiseach or the Tánaiste, in addressing this problem. I accept the French are not forthcoming in this issue; that is perhaps due to the suspicion locally that this incident was more than an accident. I do not want to develop that point any further but the suspicion locally is far greater than that. The Minister has assured me he will contact his counterpart in France and that he will ask the Taoiseach and the Tánaiste to get invoved in the matter also. If this country means anything in Europe, there must be a response from the French on this issue.
Has this matter been raised by the Government with the French Ambassador here? If so, has there been any response? If not, in view of the extreme seriousness of the situation, is it not time for the Ambassador to be made aware of the Government's concern about the delay in processing this case? In fact, I would like to meet the French Ambassador with the Minister if no contact has yet been made. I wish to emphasise the importance of this matter to the two grieving families. The mother of the Doran family in County Wexford is distraught and for that reason I hope this matter comes to an end soon.
I do not know whether the French Ambassador has been contacted. I will get that information and communicate with the Deputy in due course.
The Minister should try to arrange a meeting. My French is not great but I will manage.
I will contact the Deputy on that.
