I move:
"That the Bill be now read a Second Time."
This Bill marks a decisive step in developing a strategy for the healthy management of the marine resource and for the protection of the environment of our seas and oceans.
When it becomes law, the Bill will enable Ireland to give effect to the Convention for the Protection of the Marine Environment of the North-East Atlantic, generally known as the OSPAR Convention. It will extend the limit of Irish control in relation to dumping from 12 miles up to 200 miles and in some areas up to 350 miles off the Irish coast, depending on the extent of our Continental Shelf. It will apply strict limitations on the types of substances which can be disposed of at sea. It will ban incineration at sea, the dumping of radioactive wastes, offshore installations and toxic, harmful or noxious substances, and will provide new enforcement powers and tougher penalties.
The previous exemptions, that is, sovereign immunity, which existed for state vessels, including military vessels, will no longer apply. The Government has decided that, even though dumping by state vessels is legally permitted under international conventions, it is no longer appropriate that Governments should be exempt from the restrictions imposed on others by these conventions.
No state, and particularly no coastal state, can ignore its duties of stewardship of the world's oceans and seas. It is incumbent on Ireland, and on all other states bordering the world's extensive and complex marine resource, to ensure that it is passed on to the next generations in a sound and healthy state. We ignore this duty at our peril.
Our knowledge of the physical, chemical and biological processes of our seas and oceans is far from complete. We do know, however, that they are fragile; that they are threatened every day by the effect of onshore and offshore activities; and that they are at risk of long-term damage from visible and invisible processes and actions, the impact of only some of which we fully understand. Other more insidious damage is inevitably occurring; we cannot await the luxury of the establishment of clear casual relationship to farming and implementing protective measures.
We must also strive to better understand the marine environment, the impact of man's activities on its health, both in the short-term and the very long-term. Damage done now may be irreversible in the future. Our policy, and that of the global community, is to take strong preventative and protective action now and, at the same time, further our understanding and knowledge of the marine resource.
About 70 per cent of the earth's surface is covered by oceans. As I mentioned, the waters and resources of the seas and oceans are fragile, complex and only partly understood. While coastal states strive to protect their coastlines from misuse or abuse, it is only by way of the concerted and co-ordinated efforts of nations that damage, often insidious in nature, can be avoided.
Owing to the nature of the marine system, local action alone will not protect national coastlines, still less the quality of the high seas. We cannot, therefore, control deep-sea pollution without solid, unambiguous agreements between governments. The OSPAR Convention provides a basic and effective framework for the protection of the marine environment. It is aimed at an extensive ocean area of the north-east Atlantic which borders the majority of the countries of the continent of Europe. It is an area of intensive economic and industrial activity where the adjacent seas are particularly threatened by pollution. National measures must be combined with international agreement to reduce the input of pollutants to the marine environment.
As an island nation close to major shipping lanes we are particularly vulnerable to the effects of marine casualties, oil spills and wilful disposal of wastes in the North Atlantic. Thus, we have a very special interest in promoting protection of the marine environment in the interests of human health, marine life and amenity values. We also have a deeply principled interest in ensuring that our stewardship of our adjacent seas and oceans will be seen by future users of the resource to have been wise and farsighted. In addition to the OSPAR Convention, we are party to a number of international conventions designed to protect the marine environment. It is useful to review for the House the body of national and international law and in that regard for the House to put the present Bill into the overall context.
Ireland became a party to the London (Dumping) Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, at the same time as it became a party to the Oslo Convention. The Dumping at Sea Act, 1981, gives effect to both conventions. Unlike the OSPAR convention, the London Convention, applies globally and has been globally adopted by the International Maritime Organisation. The terms of the convention are very similar to those of the Oslo Convention and the new OSPAR Convention. In general, environmental protection trends set under the Oslo Convention and the OSPAR Convention progress to consideration and adoption by the London Convention. The London Convention is currently under review, following the adoption by the North East European States of the OSPAR Convention in 1992.
Ireland is also party to the Intervention on the High Seas Convention in the case of Oil Pollution Casualties, 1969, and its 1973 Protocal on intervention in cases of pollution by substances other than oil. The Sea Pollution Act, 1991, gives effect to this convention. This Act enables the Minister, following upon a maritime casualty, to give directions for the purpose of preventing, mitigating or eliminating danger from pollution or threat of pollution by oil or any other harmful substance to the owner or master of a ship which is outside territorial waters. Where the response of the owner or master of such vessels to such direction is inadequate, the Minister may take such actions and do such things as he thinks necessary and reasonable to prevent, mitigate or eliminate the effects of pollution.
Ireland is party to MARPOL 73/78. The Sea Pollution Act, 1991, also gives effect to the MARPOL Convention and its 1978 Protocol. The Act prohibits or controls the operational discharge of marine pollutants from ships through the establishment of operational discharge criteria and vessel construction and equipment standards. Three sets of regulations made in 1994 under the Sea Pollution Act, 1991, on the Prevention of Pollution by Oil, the Control of Pollution by Noxious Liquid Substances in Bulk and the Prevention of Pollution by Garbage give effect to three of the Annexes which form an integral part of MARPOL 73/78.
The Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988 gives effect to the Civil Liability and Compensation Conventions, 1969, and their 1971 Protocols. The Act requires oil tankers carrying 2,000 tonnes or more of oil in bulk as cargo to hold specified insurance cover. Oil importers receiving more than 150,000 tonnes of oil per annum into the country are required to contribute to the compensation fund established under the above mentioned conventions.
The Merchant Shipping (Salvage and Wreck) Act, 1993, gave effect to the International Convention of Salvage, 1989. It made an important further contribution to the procedures for dealing with maritime casualties. An orderly system for handling the three main phases of a casualty at sea was introduced, namely vessels in distress, salvage operations and, where necessary, the removal or rendering harmless of ensuing wrecks. This Act strengthens the role of both the Department of the Marine's emergency service and its Marine Survey Office, where professionalism and operational capacity have been greatly upgraded in recent years. In particular, rescue operations now have a firm legislative base.
The Act places responsibility on owners for the removal or rendering harmless of their wrecks and has given a new role to public authorities in ensuring that owners of wrecks adhere to their responsibilities. Wrecks of historical interest are also dealt with and the Director of the National Museum will have the right of first refusal on any unclaimed wreck around the coasts. Commercial salvage operations are often high risk affairs which need careful regulation if they are to strike the right balance between the interests of the State, shipowners, salvors and the environment. The Merchant Shipping (Salvage and Wreck) Act, 1993 strikes such a balance.
Plans are in train for accession to the 1990 Oil Pollution Preparedness, Response and Co-operation Convention. This convention is concerned with preparedness and response issues related to oil pollution emergencies. It will be expanded in the near future to include emergencies involving hazardous and noxious substances. The convention is designed to facilitate international co-operation and mutual assistance in preparing for and responding to major pollution incidents and to encourage states to develop and maintain an adequate capability to deal with pollution emergencies.
A Memorandum of Understanding between Ireland and the UK on co-operation-assistance in search and rescue and pollution control in the Irish Sea is being negotiated and in due course will contribute to our ability to tackle marine pollution in the area. The House will appreciate from this review that there is a strong body of law in place to deal with marine pollution. This is kept under constant review, as is our operational capacity to implement it in an effective manner.
The Bill will enable Ireland to ratify the Convention for the Protection of the Marine Environment of the North-East Atlantic, which is known as the OSPAR Convention. In September 1992 the Government authorised the Minister for Foreign Affairs to arrange for signature, subject to ratification, of this convention. Marine pollution in the area of the north-east Atlantic has been covered since the 1970s by two separate conventions in which Ireland has participated. The OSPAR Convention is effectively an amalgamation of these two conventions, namely, the Oslo Convention on the Prevention of Marine Pollution by Dumping from Ships and Aircraft, 1972 and the Paris Convention for the Prevention of Marine Pollution from Land-Based Sources, 1974.
The Oslo Convention is administered by the Department of the Marine. The Paris Convention is primarily the concern of the Department of the Environment but the Department of Transport, Energy and Communications also plays a role in controlling the discharge of radioactive substances, including wastes, from land-based sources. All EU member states, excluding Austria, Iceland and Norway are party to both conventions. The EU is party to the Paris Convention and has observer status in the Oslo Convention. Contracting parties to both conventions have signed the OSPAR Convention. In addition to these contracting parties, Switzerland has also signed the Convention.
The new convention takes account of developments since the original Oslo and Paris Conventions were signed in 1972 and 1974, respectively, and merges and consolidates their provisions. The OSPAR Convention attaches particular importance to the need to increase our knowledge of the state and science of the north-east Atlantic. Contracting parties to the new OSPAR Convention have been preparing for the ratification of the new convention by agreeing on new scientific committees. Preparations are under way for the completion of a quality status report for the entire convention area by the year 2000.
Ireland and the UK will be responsible for the preparation of the report in respect of the Irish Sea, Celtic Sea, the area to the west of Ireland and the area to the west of Scotland. These reports will comprehensively assess the health of our adjacent seas under a detailed set of criteria. They will constitute an invaluable input to policy in relation to the sustainable development of the marine resource. We are currently in consultation with the UK and Northern Ireland authorities about the management of this large but potentially extremely valuable undertaking.
In this context I wish to refer to the question of munitions dumping in our adjacent seas, as the quality status report and the OSPAR Convention generally represent the most appropriate means to address this vexed issue. Up to now it has been through the Oslo Convention that the issue of dumping by the UK of chemical and other weapons from World War II has been pursued. Such dumping is a matter of major concern to many of the contracting parties to the Oslo Convention.
We will ensure that the impact of the dumping of chemical weapons off the coast of Ireland and the UK will be specifically addressed in the quality status report. We have asked the UK Government to draw up a system of management of the relevant dump sites. The main aim is to ensure that we are made aware of the physical and chemical processes involved and their impact on the adjacent waters and the marine environment generally. I can assure the House that we attach particular importance to this issue.
It is also through the Oslo Convention that agreement has been reached globally on the termination of the disposal at sea of industrial wastes. Such wastes have not been disposed of at sea in Ireland since July 1993. The Oslo Convention has also been instrumental in addressing the issue of the disposal at sea of sewage sludge. Dumping by Dublin Corporation, Ireland's only authorised sewage sludge dumper, is being phased out and will be terminated by the end of 1998. Alternative land-based methods of treatment and disposal are being developed by Dublin Corporation with that time-frame in mind. This means the only substance of any significance being dumped at sea by Ireland is dredge spoil from harbour development and maintenance operations. The Oslo Convention guidelines for the management of dredged material are taken into consideration in the disposal of dredge spoil.
The Oslo and Paris Conventions have been merged with a view to a stricter and more updated environmental protection regime for the north-east Atlantic. The new convention generally obliges contracting parties to adopt — individually and jointly — programmes and measures involving the use of best available techniques, best environmental practice and, where appropriate, clean technology, for the purpose of preventing and eliminating marine pollution and protecting the maritime area covered by the convention against adverse effects of human activities.
The new convention provides a stricter marine environmental regime; establishes mechanisms for the protection of the marine environment; allows more in-depth considerations of ideas and proposals affecting the marine environment through an increased number of scientific working groups; operates on a "precautionary principle" where countries are asked not to license activities where there is any question of damage to the marine environment; and provides an arbitration mechanism for the settlement of disputes involving transboundary pollution.
This Government is anxious to ratify the convention as soon as possible. It is seen as essential that we equip ourselves with the powers to implement urgently and effectively the marine pollution control regime in the convention. It is also essential that we as a nation are not seen to be behind in ratifying this convention.
An important objective in ratifying the convention is to open the way for the possibility of initiating arbitration between Ireland and the UK arising from the increased discharges from Sellafield since the start-up of THORP. As Deputies are no doubt aware, this Government is opposed to the reprocessing of spent nuclear fuel and is seeking the closure of the Sellafield-THORP plant and the halting of any future expansion. An interdepartmental committee on the Irish Sea has been established in order to progress Government policy on Sellafield and the Irish Sea in line with the commitments given in A Government of Renewal policy document.
The operation of the THORP plant results in the transportation near our shores of nuclear materials. I have very serious concerns regarding this matter. We are not alone in this concern. Small island states and other coastal states world wide have been vocal in international fora with regard to the transportation of such material. This led to the adoption in 1993 of the International Maritime Organisation Code on the Safe Carriage of Irradiated Nuclear Fuel, Plutonium and High Level Radioactive Wastes in Flasks on Board Ships — the INF Code. The code lays down standards for construction, equipment and operation of ships engaged in the carriage of irradiated nuclear fuel, plutonium and high level radioactive wastes.
Ireland has consistently argued for the following requirements to be included in the INF code: reporting arrangements; consultation with coastal states; routing restrictions-passage planning; marine emergency response plans and salvage arrangements in the event of an accident.
I have met the Secretary General of the IMO to whom I have expressed Ireland's concerns. He and a number of IMO member states have supported Ireland's view and as a result a special meeting of the IMO is being set up to progress the expansion of the INF code. This morning I made a special presentation to the assembly of the IMO pointing out the deficiencies of the code and requesting that they be addressed. I will be doing everything in my power to ensure that the transportation of nuclear material by ships is strictly controlled.
Three Departments of State have obligations under the OSPAR Convention: the Department of the Environment is responsible for the prevention of marine pollution from land-based sources; the Department of Transport, Energy and Communications is responsible for the prevention of pollution from offshore installations and for the discharge at sea of radioactive substances, and the Department of the Marine is responsible for the prevention of marine pollution by dumping at sea.
Sufficient statutory support to implement the provisions of the convention on pollution from land-based sources already exists in the Local Government (Water Pollution) Acts, 1977 to 1990, the Air Pollution Act, 1987 and the Environmental Protection Act, 1992. An updated legislative framework for provisions relating to discharges or emissions from offshore installations and pipelines, abandonment of offshore installations and placement of disused offshore installations and pipelines in the sea for a purpose other than originally intended is being brought forward by the Department of Transport, Energy and Communications by way of the Energy (Miscellaneous Provisions) Bill and is awaiting Committee Stage.
The provisions of the convention relating to dumping at sea require that new domestic legislation be enacted to give full effect to the convention. Legal advice is that the most appropriate way to amend the Dumping at Sea Act, 1981, is to repeal the existing legislation and to enact a new Dumping at Sea Bill. We have taken this opportunity to carry out a full review of dumping at sea legislation. I will advise Deputies of the key provisions of the Bill before the House and comment on the extent to which they will enhance the provisions of the Dumping at Sea Act, 1981. The term "dumping" is redefined to bring into the regulatory net all forms of dredging techniques developed since the 1981 Act and includes deliberate disposal at sea of vessels or aircraft as well as substances or material from or in conjunction with a vessel and aircraft.
The "maritime area" to which the Bill applies has been extended beyond the 12 mile territorial seas limit, to 200 miles and, in some cases, up to 350 miles off the Irish coast depending on the extent of our Continental Shelf. Ireland expects to ratify the United Nations Convention on the Law of the Sea, 1982 in the near future and, under the terms of that convention, contracting parties may exercise control of the maritime environment out to those limits. This is a major development. Up to now Ireland was in a position to regulate out to 12 miles only. Our control over the marine environment will be greatly enhanced by this provision.
The Dumping at Sea Act, 1981 prohibits the dumping of substances or material except in accordance with a permit issued by the Minister or a contracting party in the OSPAR Convention if it is in its territorial waters. In line with the new convention the Bill before the House clearly specifies what may not be dumped at sea, thus doing away with any misconceptions or ambiguities.
The Bill strictly prohibits the incineration of substances or material at sea; the disposal at sea of offshore installations or of substances or material from any such installations; the disposal at sea of low, intermediate and high level radioactive substances or material and the disposal at sea of toxic, harmful or noxious substances.
A permit may be granted for the disposal of radioactive substances or material below low level subject to consultation between the Minister for the Marine and the Radiological Protection Institute of Ireland. This is intended to allow the dumping of materials, such as dredge spoil, which are found to contain trace or negligible levels of radioactivity. The House may be aware that all substances and material contain some level of naturally occurring radioactivity. The Radiological Protection Institute is guided by the European Commission and the International Atomic Energy Agency in defining below low levels.
The 1992 OSPAR Convention prohibits the dumping of wastes or other matter from offshore installations. It allows dumping of an offshore installation under a permit issued by the competent authority of the relevant contracting party on a case-by-case basis. No permit for an offshore installation shall be issued, however, if the disused installation contains substances likely to be deleterious to human health, living marine resources or would damage amenities or interfere with other uses of the sea.
Last May, following pressure from the majority of contracting parties to the Oslo Convention, Shell UK Ltd. decided not to proceed with the proposed disposal at sea of the offshore installation, the Brent Spar. At the OSPAR Commission meeting in June, agreement was reached by the majority of contracting parties to the Convention on a moratorium on the disposal at sea of decommissioned offshore installations until a formal decision was adopted, by 1997 at the latest. The agreement was a positive step towards ensuring that proposals to dump decommissioned installations such as the Brent Spar, of which there are approximately 60 in the North Sea awaiting disposal, would be avoided in future. I am pleased that the joint governmental action of the majority of contracting parties brought such effective pressure to bear on a proposal which was fundamentally unacceptable. In order to ensure that no such dumping takes place in our maritime area, the Bill will specifically prohibit the disposal at sea of offshore installations.
Thus, the Bill does not envisage the issue of permits in respect of offshore installations or radioactive substances, other than those having essentially background levels, and other toxic, harmful or noxious substances.
The disposal at sea of all other substances or material is also prohibited, except in accordance with a permit issued by the Minister for the Marine and in full compliance with any restrictions, requirements or conditions laid down by the Minister and detailed in the said permit. The Minister is empowered to revoke a permit issued. At this stage I would like Deputies to gain an appreciation of how seriously the Minister and his officials will approach applications for permits.
Currently all applications for permits under the 1981 Dumping at Sea Act are referred to the Ministers for the Environment, Enterprise and Employment and Transport, Energy and Communications for their observations. Applications are rigorously assessed by the Department's marine licence vetting committee. The committee, a multi-disciplinary one, is composed of Department of the Marine and Central Fisheries Board officials with expertise in biology, chemistry, oceanography, navigation and engineering disciplines. Effectively assessment of each application has been based on the criteria governing the issue of a permit as outlined in the First Schedule to the Bill and on the exceptions to the prohibition on dumping as shown in Annex 2 to the OSPAR Convention. For the convenience of prospective applicants, this is outlined and given legislative status in the Second Schedule to the Bill. Briefly, the criteria used include the characteristics and composition of the substance or material to be dumped; the characteristic of the dumping site and the proposed method of disposal; the extent to which the dumping might interfere with fish and shellfish cultures, shipping, recreation or navigation; the availability of suitable land-based alternatives; proper certification of the disposal vessel and crew and the possibility of an impact on the marine environment. In practice, dumping does not take place from aircraft.
Where deemed necessary, applicants are requested to undertake analyses or surveys of both the waste and the dump site, at their own expense. If the proposed site is found unsuitable for any reason alternative sites are investigated; if the waste is found unsuitable for sea disposal a permit is refused.
On the basis of the committee's assessment, its recommendations to the Minister and the views of other Ministers, the Minister decides to grant or refuse a permit. I am happy that the assessment procedure guards against any substance or material likely to have a negative impact on the marine environment being dumped at sea.
The 1981 Dumping at Sea Act exempts state ships and vessels from its provisions. The Oslo and OSPAR Conventions provide that "nothing in these Conventions shall abridge the sovereign immunity to which certain vessels are entitled under international law". At the June meeting of the OSPAR Commission, the majority of contracting parties, including Ireland, agreed that notwithstanding this sovereign immunity clause, the provisions of the convention should apply to all vessels and aircraft including those entitled to sovereign immunity. The UK has given a commitment to cease dumping of redundant munitions at sea.
As I mentioned, I strongly believe that the same regulatory provisions should apply to all who want to dump at sea. Therefore, I have removed the exemption provision from the terms of the Bill, thus ruling out any dumping of munitions off the Irish coast.
The Bill empowers the Minister to appoint authorised officers to enforce the provisions of the Bill and makes it an offence to obstruct or interfere with an authorised officer in the course of the officer's performance of functions. Provision has been included to give the Naval Service new enforcement powers. It makes provision for the prosecution of offences and specifies the penalties for such offences. Up to now the Naval Service had no powers in relation to enforcement. The Navy is in a strong position to detect any unlawful dumping at sea.
Penalties for offences under the Bill have been increased. The Bill provides that the maximum penalties for an offence under this Act shall be, on summary conviction, a fine not exceeding £1,500 or 12 months imprisonment, or both and on conviction on indictment, a fine of such amount as the court deems appropriate taking into account the cost of remedial action or five years' imprisonment or both.
It is my hope that the possibility of substantial penalties on conviction will be an effective deterrent to would-be offenders. It is our intention to invoke the full rigours of the law where offenders are not so deterred.
The Bill represents decisive and strong action on the part of the Government in tackling the threat posed by the dumping of toxic and environmentally damaging substances. I have stated from the outset that the protection of our valuable marine resource is one of my key objectives. I am determined to afford it the strongest and fullest protection. The Bill sets new standards for international marine environment management and gives a firm lead to our European partners. I commend the Bill to the House.
