Vol. 508 No. 5
13 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on the reported discovery of the wreck of the former Cunard liner Carpathia, west of the Fastnet Rock; the discussions, if any, she has had with the Department of the Marine and Natural Resources regarding the discovery; the Government's position in relation to the wreck under the appropriate legislation; and if she will make a statement on the matter. [19155/99]
I am aware that the Cunard Liner Carpathia was wrecked off the south-west coast of Ireland in 1918. I understand that she was torpedoed on 17 July 1918 lies in approximately 150 metres of water some 100 miles southwest of Baltimore, County Cork near George's Channel. Her main claim to fame is that she was the ship that came to the rescue of the Titanic in 1912, saving 700 of the passengers.
Under the National Monuments (Amendment) Act, 1987, on account of the historical, archaeological or artistic importance of a wreck, which is less than 100 years old, I may make an underwater heritage order to designate an area of the sea bed around where the wreck is located as a restricted area within the territorial waters of the State or an area to which section 2(1) of the Continental Shelf Act, 1968 applies.
I should inform the Deputy that discussions are taking place under the auspices of UNESCO on a draft Convention on the Protection of Underwater Cultural Heritage, which proposes to give coastal States jurisdiction over underwater cultural heritage on the Continental Shelf. However, discussions are only at a preliminary stage and a number of States have expressed opposition to this proposal. Taking this into account, I do not propose at this time to consider placing an underwater heritage order on the site of the wreck of the Carpathia.I have had no discussion with the Department of the Marine and Natural Resources regarding the Carpathia. I would, however, mention to the Deputy that general matters relating to salvage and wreck in the State are governed by the Merchant (Salvage and Wreck) Act, 1993, the administration of which primarily rests with my colleague, the Minister for the Marine and Natural Resources. That Act imposes legal obligations on anyone who finds and takes possession of any wreck outside the State and brings it into the State, the obligations in respect of unclaimed wreck being to deliver it to the receiver of wrecks.
I thank the Minister for that information. The Carpathia used to leave Derry to sail to New York subsequent to the Titanic tragedy. Will the Minister outline the law of the sea on the rights of salvage? Once the wreck has been identified and found, the stories about its potential cargo may be revealed by the owners who are now maybe salvage hunters. Will the Minister clarify why she considers she should not introduce a restricted order for the area of the sea bed around the wreck, given that it has a place in naval and maritime history, an involvement with this country and is a very famous liner in its own right? Is it likely she might reconsider that decision and introduce a restricted order, given that this is an ojbect of archaeological importance and is likely to become a site of growing importance which people will visit in the future?
I understand the Deputy's concern about this matter because this ship is of historical interest. Some people might say that, given that an order was placed on the Lusitania why can an order not be placed on this ship and why the inconsistency, but there is a difference between the two. The wreck of the Lusitania lies 11 miles off Kinsale and is clearly within the State's territorial waters, but that is not the case with the Carpathia. The discussions taking place with UNESCO at present are with regard to matters concerning jurisdiction. There are legal difficulties and these have to be sorted out and for that reason I do not wish to make a decision until we are aware of what is happening at UNESCO level. As I pointed out in my initial reply, some States do not agree that such action should be taken but we will try to sort this out and then we could well be in a position to make such an order.
When will the business with UNESCO be finalised?
It is taking place at present. My officials are working on this, so I cannot give the Deputy a timescale, but as soon as a decision comes to light, we will make our decision in light of it.
Written Answers follow Adjournment Debate.
