Dáil Éireann debate -
Tuesday, 18 May 1999

Vol. 504 No. 7

Adjournment Debate. - Incidents at Sea.

Mr. Sheehan

I thank the Chair for giving me the opportunity to raise this very important matter, namely, the ramming of the Skull based fishing vessel, Oileánn Cléire, by the French registered fishing vessel, Rohellan, and the sinking of the Oileánn Cléire following the collision last Saturday, 15 May, at approximately 7.00 p.m. I demand from the Minister an explanation of the attitude of the Government in not enforcing international maritime laws resulting in owners of Irish fishing vessels involved in collisions or other serious incidents being prohibited from seeking compensation. I demand a full inquiry into this serious incident which threatened the lives of the five crew members, two of whom are from my own parish.

There have been six similar incidents within the past two years since the Minister took office. Why has the Minister sat idly by? Why has the Government failed to take court action against the British, French and Spanish fishing vessels involved in such acts of piracy on the high seas against our fishing fleet? The Minister's approach seems to be very feeble. His statement that lessons can be learned from such incidents is incredible. Is the reason legal action cannot be taken against the cowboys of the high seas that the Government and the Minister have failed to ratify the 1982 law of the sea convention? If the Government ratified that convention, it would clear the way for our Irish trawler owners to seek compensation from careless foreign trawler owners.

Pious statements are of little satisfaction to Irish trawler owners who are deprived of making a living by irresponsible and reckless foreign trawler skippers who put their fishing vessels on automatic pilot. They do not care whether they crash into our trawlers which are legally fishing in the area. How much longer will the Minister sit idly by without taking action to ensure the livelihoods of our fishermen are safeguarded? We have had enough of this irresponsible action. The time is long overdue to call a halt to these acts of piracy.

The lives of our fishermen are at stake. I implore the Minister to deal with this crisis before it is too late. Lives are in danger on the high seas day and night. Our fishermen are threatened by these foreign cowboys. When will the Minister put a stop to this carnage? The Government's attitude smacks of political cowardice. I urge the Minister to take immediate steps to implement the international maritime laws by signing the 1982 law of the sea convention and thereby safeguarding the lives of our hardworking fishermen.

There is an air of gloom and doom among our trawler owners. The Minister is dilly-dallying with the matter. How many more times must I draw the Minister's attention to this long overdue matter? He should act before it is too late. In the interests of those who are trying to make a living from the sea, I urge the Minister to ensure they are protected by the law of the sea and have the right to fish and that foreign trawlers are not allowed to put their fishing crafts on automatic pilot. They do not care what happens to Irish fishing boats. The lives of our fishermen are in danger and the solution lies in the Minister's hands.

Minister for the Marine and Natural Resources (Dr. Woods)

I thank the Deputy for raising this matter. I was not standing idly by because I was busy on Saturday night and Sunday morning. I am delighted the emergency services worked so effectively and immediately to ensure no lives were lost in this incident.

I assure the Deputy that I share his concerns about such incidents. As soon as I was aware of this incident, I made contact with the French Ambassador to express my extreme concern, as it could have resulted in loss of life, and to seek the fullest assistance and co-operation in investigating the collision. I am relieved no lives were lost and that the rapid alerting procedures, which I put in place last year, worked to ensure the resources of the Irish Marine Emergency Service were on hand quickly. Nevertheless, this incident should not have happened and I can give an assurance that it will be fully investigated so that any lessons learned can ensure against this type of dangerous incident recurring.

As the Deputy is aware, the collision occurred at approximately 7.15 p.m. on Saturday, 15 May 1999 between the French registered fishing vessel, Rohellan, and the Schull based fishing vessel, Oileánn Cléire, 67 miles off the Clare coast. The Oileánn Cléire sank as a result of the collision. Its crew of five abandoned the vessel and took to the liferaft wearing their lifejackets. They were rescued by the Rohellan and were subsequently airlifted by the Irish Marine Emergency Service rescue helicopter and landed at Shannon. None of the crew was injured.

The Rohellan, which had been disabled in the collision due to a fouled propeller, was watched closely by the Irish Marine Emergency Service to ensure the safety of her crew. The Irish Naval vessel, LE Aisling, was requested to proceed to the scene and arrange to take the stricken French vessel under tow. The Naval Service vessel established that a possible fisheries offence may have been involved and proceeded to tow the French vessel to Cork harbour. While under tow to Cork on the afternoon of Sunday, 16 May, the Rohellan called for assistance again from the Irish Marine Emergency Service to airlift one of its crew who had suffered a heart attack approximately 40 miles south-west of Valencia Island. The IMES helicopter brought the crewman directly to Cork University Hospital.

I understand that the case against the vessel for the fishery offences was heard by the District Court earlier today and that a fine was imposed. However, I have been informed that the vessel has been further detained under a High Court order obtained by the owner of the Oileánn Cléire and that the gardaí are examining statements taken from some of the crew of the Oileánn Cléire in the matter with a view to ascertaining whether a possible further offence has been committed. It will then be a matter for the Garda to submit a file to the Director of Public Prosecutions for a decision on whether a further prosecution will be brought.

In addition, the question of the powers of intervention available to the Irish authorities in respect of incidents occurring outside Irish territorial waters is being examined by the Department of the Marine and Natural Resources, in conjunction with the Attorney General's office. The need for legislation is being considered in that context and the Deputy can be assured that if legislation is needed, it will be dealt with as a priority.

I have appointed a surveyor from the marine survey office of my Department to carry out a full investigation into the causes of this collision and I have secured an undertaking from the French Ambassador that the French authorities will fully co-operate with this investigation. I am informed that the investigator has already interviewed the crew of both vessels and has inspected the French vessel as part of his investigation. I have asked that a report of this investigation be made available to me at the earliest possible opportunity.

Since I became Minister for the Marine and Natural Resources, I have become aware of the recurring problems between fishermen in the fishing grounds off the Irish coast and I quickly set about tackling and solving these problems and their causes. As a result, the headings of a code of practice for peaceful co-existence and co-operation between Irish and French fishermen in shared fisheries was agreed at a meeting in Dublin on 9 October last.

Mr. Sheehan

That was a futile meeting.

Dr. Woods

The meeting, which was hosted by my Department, was attended by representatives of the Irish and French fishermen as well as the French Fisheries Ministry. This was a continuation of an initiative taken earlier in 1998 at my request to promote dialogue and mutual understanding between Irish and French fishermen. Representatives of Irish and French fishermen have been working together in the meantime to develop the operational and technical details of the code of practice. The difficulties in agreeing the code of practice are more on the French side than on the Irish side. Once the technical details are agreed, it will be put into operation.

Mr. Sheehan

The Government should ratify the 1982 law of the sea convention.

Dr. Woods

I thank the officers of the LE Aisling and the Irish Marine Emergency Service for their excellent work in this case. They rescued people from both vessels. I hope the fishermen on both sides will get together and work out the final details of what was put on the table. That would mean a code of practice could be put into operation.

Mr. Sheehan

When will the Government ratify the 1982 law of the sea convention? That would solve matters once and for all.