Vol. 542 No. 1
3 Mr. Dukes asked the Minister for the Marine and Natural Resources if he will take action to secure the removal of a wreck which has been lying in the harbour at Port Oriel, Clogherhead, County Louth since June 2000; and if he will make a statement on the matter. [21282/01]
The statutory power and responsibilities which address the removal of wrecked vessels are contained in the Merchant Shipping (Salvage and Wreck) Act, 1993. The provisions in that Act clearly stipulate the appropriate authorities which have the power to remove wrecks in certain specified circumstances.
As stated in previous replies on this matter, most recently on 14 June 2001, I have no direct role in the removal of the derelict tug at Clogherhead Pier.
The statutory provisions which govern the removal or rendering harmless of wrecked vessels provide that the owner has responsibility for removal or rendering the wreck harmless under section 51(2) or that the authorities, harbour and local authorities and CIL, may require the owner to do so under section 51(3) and that the authorities may remove a wreck or render it harmless, recovering the cost from the owner.
The appropriate authority in this instance is Louth County Council. I have been advised by Louth County Council that the registered owners of the tug, Marine Blast Limited, are in ongoing consultation with Louth County Council on the procedures and methods to be used to remove the vessel. If the Deputy requires any further information on the removal of this derelict tug, I suggest that he gets in touch directly with Louth County Council.
Does the Minister deny responsibility for the implementation of the Act? Is he aware that the vessel has been lying derelict in the harbour since June 2000? How long will it be before the Act is enforced here? Is he aware that the honorary secretary of Clogherhead lifeboat station has affirmed that "the entire operation is seriously compromised by the lack of proper access to the shore"? Does the Minister feel any responsibility for the safe operation of Clogherhead harbour? Does he feel any obligation under the legislation to ensure the safety of navigation or to help to ensure the proper and safe operation of the lifeboat service?
As a person with sea water in my blood I would like to see the harbour without interference and would love to see the wreck removed. Section 51(2) of the Merchant Shipping (Salvage and Wreck) Act, 1993 provides that where any wreck is likely to become an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service or a threat to the marine environment or to related interests then the owner of the wreck at the time of its sinking, wrecking, stranding, grounding or abandonment shall raise and remove it or otherwise render it harmless. Therefore the cost of raising and removing or otherwise rendering a wreck harmless falls, in the first instance to the owner of the vessel.
It may only be worth a £1.
If however, the owner of the vessel fails to remove it then in accordance with section 51(3) of the Merchant Shipping (Salvage and Wreck) Act, 1993 the appropriate authority may proceed to raise and remove the vessel or otherwise render it harmless. Section 52(4) provides that any expenses incurred while the appropriate authority is in the exercise of its function in relation to any wreck may be recouped from the proceeds from any sale of the vessel.
We can all read the Statute.
Section 52(5) provides that if the proceeds of any sale are insufficient to reimburse the appropriate authority for the full amount of those expenses, or if there is no such sale the appropriate authority may recover the full amount of its expenses from the relevant person – the owner of the wreck. Louth County Council is the appropriate authority in this instance. Therefore, if the owner of the derelict tug at Clogherhead pier fails to remove or render it harmless then these duties fall to Louth County Council who may then recover expenses incurred from the owner of the wreck.
I may take it that the Minister is telling me that I can inform the Clogherhead fishermen's co-op that the Minister has washed his hands of this entire affair. Is the Minister aware that on 8 August I proposed to the Minister for the Marine and Natural Resources that the Department should hire a contractor to take "this blasted tug" from the harbour and argue about the cost afterwards? Will the Minister agree to do that? If necessary he should come to the House to look for a once-off supplementary estimate to do the job so that we can have safe conditions for the fishermen who use Clogherhead and Port Oriel and so we can have a lifeboat station that can operate safely.
Having been a Minister, Deputy Dukes is quite aware of the problems with setting a precedent. He may play to the gallery today but the position is that the removal of the tug is the responsibility of Louth County Council.
If the Minister takes the same approach to coastal erosion half the county will disappear before the removal of the tug.
All of us have the same interest in the removal of that tug as anyone else.
We will proceed to Question No. 4.
That response is pathetic. I will have to tell the fishermen that the Minister has no interest in their plight.
I am interested in the removal of the tug.
I ask the Minister to deal with Question No. 4.
