The main object of this Bill is to enable effect to be given to the International Convention for the Prevention of Pollution of the Sea by Oil, 1954. The Bill also repeals and reenacts in amended form the Oil in Navigable Waters Act, 1926.
During recent years, the pollution of the sea by oil has reached grave proportions for many countries. We in Ireland have fortunately not been as seriously affected as some other countries but there have been numerous instances of serious pollution of our coasts and coastal waters. The amenities at many of our seaside resorts have been affected and there has been destruction and injury of sea birds. Oil pollution is also a potential danger to fish life and the fishing industry.
The principal sources of the serious oil pollution in recent years are oil tankers and oil burning ships. Large quantities of oils are discharged into the sea by tankers when washing their tanks and disposing of oily ballast water. Dry cargo ships which use their fuel tanks for ballast water also discharge oily ballast water into the sea. Much of the oil which is so discharged, including crude oil, fuel oil, heavy, diesel oil and lubricating oil, persist in the sea for very long periods and can be carried for considerable distances by currents and winds.
Our existing legislation, the Oil in Navigable Waters Act, 1926, deals with pollution of our territorial seas and harbours but up to now it has not been possible to take effective steps to prevent the far more serious pollution which occurs on the high seas and which is carried to our shores by winds and currents. The only hope of dealing with this problem lies in concerted international action. The League of Nations gave some attention to the proposal before the war but no effective international agreement was reached. The shipowners of a number of countries, including Ireland, have for many years past, however, voluntarily recognised a limit of 50 miles from any coast within which oil would not be discharged.
Renewed consideration was given to the problem after the war, particularly by Britain, which has suffered heavily from oil pollution. With the approval of the United Nations, the British Government convened a conference in London in April, 1954, which was attended by representatives of 42 countries, including Ireland, and which represented between them about 95 per cent. of the world's shipping. The conference approved of a convention entitled The International Convention for the Prevention of Pollution of the Sea by Oil, together with eight resolutions. The convention has already been presented to both Houses of the Oireachtas and has been published by the Stationery Office.
One of the resolutions adapted by the conference recognised that the only entirely effective method known of preventing oil pollution is complete avoidance of the discharge of persistent oils into the sea. The conference was unable to reach agreement on such a total prohibition, but recommended that a further conference be held to review the matter within three years and resolved that in the meantime Governments and other bodies concerned should endeavour to create the conditions in which such a complete prohibition of discharge could be brought about. The measures which were agreed by the conference, and embodied in the convention, do represent, however, a substantial advance towards eradicating oil pollution.
The discharge of persistent oils into the sea by tankers and dry cargo vessels of over 500 tons within certain prescribed zones will be prohibited under the convention. These zones extend generally for 50 miles from any country but certain larger zones are also prescribed. These larger zones include the areas from which persistent oils discharged from vessels are most likely to reach the shore; the Atlantic zone with which we are principally concerned extends about 700 miles westward from this country for tankers and 100 miles westward for dry cargo vessels. The convention also provides for the fitting of equipment to ships for preventing the discharge of oil into the sea and for the provision in main ports of adequate reception facilities for oily residue from vessels other than tankers. Reception facilities for oily residues from tankers would normally fall to be provided at the loading ports. The convention lays down forms of records relating to oil operations which must be kept on board all ships covered by the convention and will be open to inspection by the competent authorities of contracting parties.
The convention was signed by 20 countries, including Ireland, subject to acceptance. The convention will not come into operation internationally until 12 months after 10 countries have accepted it, of whom five must be countries with not less than 500,000 tons gross of tanker tonnage. The enactment of this Bill will enable the Government to accept the convention on behalf of Ireland. I understand that Britain has enacted legislation to enable effect to be given to the convention and that Canada, West Germany, Norway, Sweden, France, Denmark and the Netherlands are also taking action to implement the convention. I might mention that Britain, France, Norway, Sweden and the Netherlands have each more than 500,000 tons gross of tanker tonnage.
The shipping industry in this country has always given the fullest co-operation in any steps necessary to combat oil pollution. They have for a number of years voluntarily observed a 50-mile limit from any coast within which oil is not discharged from their ships. Subsequent to the drawing up of the London Convention in 1954, Irish ship-owners agreed to give immediate effect on a voluntary basis to its provisions providing for the prohibition of oily discharge in prohibited zones and to the keeping of records of oil operations on board ship. All Irish deep sea vessels are already fitted with oily water separators and all but a few of our home trade vessels are fitted either with separators or with oil fuel bilges which enable them to avoid or reduce oil discharges into the sea.
The convention places an obligation on each convention country to secure that adequate reception facilities will be provided at main ports. It is, however, left to each contracting country to determine which are its main ports for this purpose. The conference at which the convention was drawn up felt that only ports dealing with a very substantial shipping tonnage need be regarded as main ports. It seems probable that Dublin is the only port with which we are likely to be concerned at least for some time to come. Certain reception facilities are already provided by the Dublin Port and Docks Board. There have been discussions between the Department and the board and no difficulty is foreseen in meeting the requirements of the convention.
I should point out that the port authorities are being empowered in the Bill to make reasonable charges for providing reception facilities and the service should, therefore, be largely, if not wholly, self-supporting.
It will be seen, therefore, that while Ireland suffers comparatively severely from oil pollution, we are ourselves not responsible for causing pollution. Furthermore, compliance with the provisions of the convention will involve no great difficulty for our ship-owners. It is, therefore, clearly in our interests that this convention and any subsequent convention which may approach even nearer to the ideal of prohibiting all discharges of oil into the sea should be brought into effect at an early date with the widest possible degree of international co-operation.
The convention is limited to vessels over 500 gross tons. A resolution adopted by the London Conference, however, urged Governments to apply the provisions of the convention so far as may be reasonable and practicable, to all classes of sea-going ships registered in their territories including vessels under 500 tons. For this reason it is considered desirable that the Bill should be applicable to vessels under 500 tons also. Provision is made in the Bill, however, for the exemption of any vessel or class of vessels from any of its provisions. The classes of vessels which may be exempted either permanently or for the time being from any of the provisions of the Bill will be determined in consultation with the interests concerned and it may be taken that no owner, particularly of small vessels, will be asked to comply with any unreasonable requirement.
The convention may not come into operation internationally for some years, but it is proposed to bring a number of the provisions in the Bill into operation as soon as may be practicable. Thus the initial zones which are provided for in the Schedule to the Bill and which are those protecting the Irish coast will be brought into operation as soon as possible. Irish ship-owners may not, however, be asked to observe the additional zones provided for in the Schedule to this Bill until the convention comes into operation internationally or at least until the other countries affected by such zones have accepted the convention. It would not be reasonable to interfere with the freedom of action of Irish vessels in the sole interest of other parties unless they were prepared to reciprocate.
Those provisions of the Bill prohibiting the discharge of oil in prohibited zones, requiring the fitting of certain equipment and prescribing the keeping of records will apply in the ordinary course only to Irish vessels. It will be for other countries accepting the convention to apply similiar provisions to their vessels. The Bill does provide, however, that the Government may apply the provisions for the keeping of records and the fitting of equipment to non-Irish vessels also while they are within Irish territorial waters. These powers might be used in agreement with the other parties to the convention after it came into operation generally so as to impose compliance with its provisions within their territorial waters on the vessels of States which had not accepted the convention. The provisions of the Bill regarding the prevention of pollution within our territorial waters apply, of course, to all vessels of whatever nationality.
It will be seen that there are fairly wide powers in the Bill in regard to the making of rules and regulations. The Bill is, primarily, an enabling Bill. This is unavoidable because the requirements are mainly of a technical nature, which may require amendment from time to time in the light of experience, and it would be impracticable to deal with them in detail in the Bill. Furthermore, it is the intention to introduce the provisions of the Bill into operation gradually and the House would not, I am sure, wish to deal with the problem in a piecemeal fashion. Every Order, rule or regulation will, however, be laid before each House and a resolution may be passed annulling it. Shipping interests may rest assured that before any rules are made, whether they relate to requirements which go beyond the convention or not, there will be fullest consultation with them.
Enactment of this Bill will enable the Government to accept the 1954 convention and, therefore, help to bring it into operation at an early date. The Bill will place no undue burden on shipowners, harbour authorities, or the Exchequer and I have every confidence that the measure will meet with the general approval of the House.
