Dáil Éireann debate -
Wednesday, 20 Oct 1999

Vol. 509 No. 5

Written Answers. - Marine Accidents.

Brian O'Shea

Question:

60 Mr. O'Shea asked the Minister for the Marine and Natural Resources if he will make a statement on the report of the investigation into the sinking of the Orchidee; if his Department accepts the findings of the report; the action, if any, taken as a result of the investigation; and if he will make a statement on the matter. [20693/99]

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

A report on the investigation into the collision between the French f.v. Agena and the Irish f.v. Orchidee, undertaken by the Marine Survey Office of my Department, was published on 19 September, 1999. Officials from my Department travelled to Tramore and to Wexford on Saturday, 18 September, 1999 to deliver copies of the report to the bereaved families and to the surviving crewman prior to its general release.

The collision between the Agena and the Orchidee happened at about 03.18 a.m. on the morning of 22 September, 1992 in an area of fishing grounds known as the “Smalls” off the Welsh coast. The Orchidee was lying-to for the night when she was struck almost head on by the French vessel with the result that the Orchidee sank within minutes and two of her three crew were drowned. The remaining crewman was rescued by the French vessel.

A full Judicial investigation was held into the collision by a French Judge at the Lorient Maritime and Commercial Court on 27 September 1996 and the Officer of the Watch and the Watchkeeping Rating from the French vessel were both found guilty of committing acts of negligence involving the collision, causing the loss of the Orchidee and the deaths of the two crewmen. They were sentenced to suspended terms of imprisonment. My Department's investigation, which had been necessarily suspended pending the outcome of the French Court proceedings, could only be finalised once these proceedings were completed.

I am aware that the publication of this report is an extremely sensitive matter and understandably so for the families of the deceased members of the crew of the Orchidee, Mr. James Power and Mr. Robert Doran.

I know that the families have expressed concerns about the report and these concerns were explored in detail at a lengthy meeting with the Power and Doran families held in my Department on 29 September last. The principal concern of the families is that the report and the media commentary on the report is in their view open to the interpretation that both vessels were at equal fault in the tragic accident which occurred.

It is not, however, the purpose of the report to attribute fault or blame as such to any party but rather to identify what happened and if the acci dent could have been avoided. The report found that the accident would most likely not have happened if either or both vessels had observed the rules in relation to the avoidance of collisions at sea which lay a clear onus on all vessels to follow stated procedures. It is very important if further accidents of this type are to be avoided that the lessons of the tragic loss of theOrchidee are brought home to the owners and crews of all vessels.

As I have pointed out, it was not the purpose of the report to apportion blame as between the parties. However, without in any way seeking to qualify the findings in the report, it seems to me that it would be entirely wrong to draw any inference that both parties were equally at fault. On the contrary, it is my strong opinion having considered all the circumstances of the case, that the Irish vessel, which was almost stationary in the water and which was struck into at speed at night by another larger vessel on which proper watch was not being maintained, was a passive party to the accident and, in that sense, was in no way responsible for causing the accident.

I am conveying these views to the families and I would hope that it will be of some solace to them in coping with the tragic losses they have had to endure.