Dáil Éireann debate -
Tuesday, 14 May 1996

Vol. 465 No. 3

Written Answers. - Sea Empress Disaster Compensation.

Eoin Ryan

Question:

251 Mr. E. Ryan asked the Minister for the Marine the provisions of the International Oil Pollution Compensation Fund Convention under which Ireland is entitled to compensation for damages arising from the Sea Empress disaster; the progress, if any, made in respect of this matter; the basis for his statement on 2 May 1996 that the cost of cleaning up the pollution following the Sea Empress disaster is £60 million; and if he will make a statement on the matter. [9566/96]

Minister for the Marine (Mr. Barrett)

The International Oil Pollution Compensation Fund (IOPCF) is a worldwide intergovernmental organisation which was set up for the purpose of providing compensation for oil pollution damage resulting from oil spills from tankers. The IOPCF operates within the framework of two international Conventions namely the 1969 International Convention on Civil Liability for Oil Pollution Damage (CLC Convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). Ireland ratified these two conventions by way of the Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988.

The CLC Convention deals with the liability of ship owners for oil pollution damage. This convention lays down the principle of strict liability for ship-owners and creates a system of cumpulsory liability insurance. The shipowner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship.

The Fund Convention, which is supplementary to the CLC Convention establishes a system of compensation for victims when the compensation under the CLC Convention is inadequate. In cases where the polluter cannot be identified but where it is clear that the pollution has been caused by a tanker, the IOPCF will pay compensation.

A special office has been set up at Milford Haven to process all claims for damages resulting from theSea Empress incident. Claims are being examined jointly by officials from the IOPCF and insurers of the Sea Empress. Indications are that total claims will amount to £60 million. Irish local authorities will be claiming between £120,000 and £150,000 in respect of clean-up of beaches. The claim, which is being co-ordinated by Wexford County Council, is being formulated and will be submitted to the special claims office shortly. Indications from the executive of the IOPCF are that all claims will be met in full by the insurers and any deficit will be met from the IOPCF.