The main purpose of the Bill is to give effect to the amendments of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, adopted at an international conference in London in April, 1962, at which this country was represented. The 1954 Convention was given effect in this country by the Oil Pollution of the Sea Act, 1956. The Bill proposes to amend and extend the provisions of the 1956 Act.
Pollution of the seas and beaches by oil dates back to the beginning of the century when oil began to replace coal as a bunker fuel on ships. It did not, however, become serious and widespread until World War II when a number of ships carrying oil cargoes were sunk. Since the war the transport of increasingly large quantities of crude oil by tankers—500 million tons in 1963—has led to a marked worsening of the situation.
While Ireland has not been as seriously affected as some other countries, there have been a number of complaints of pollution of our coasts and coastal waters. Bathing and boating facilities at some of our seaside resorts have been affected which is not only unpleasant for our own people but could become a matter of concern to our important tourist industry. Oil pollution can also cause damage to fishermen's gear and boats and to marine installations. It is a potential danger to fish life and the fishing industry and has resulted in heavy mortality and injury to sea birds.
Gasoline, kerosene and lighter gas oils do not cause pollution since they are volatile and quickly evaporate when discharged. On the other hand crude oil, fuel oil, heavy diesel oil and lubricating oil which are known as the persistent oils are only slowly affected by evaporation and persist in the sea for very long periods and can be carried considerable distances by ocean currents and winds. It is these persistent oils which can pollute our beaches, and, of the persistent oils, crude oil forms by far the greatest proportion.
The principal cause of oil pollution is the practice of cleaning the cargo tanks of crude oil tankers at sea and discharging the washings overboard, even though this is normally carried out at a considerable distance from land. After discharging cargo, tankers have to take on board large quantities of water ballast to make them seaworthy on the return voyage. This water ballast, when afterwards discharged into the sea from tanks which may have contained oils of the persistent type, carries with it some of the oil residue which remains in the tanks from previous cargoes. The quantity of crude oil that remains in a tanker after its cargo is discharged varies with temperature, with the characteristics of the particular oil and with the structure of the ship's tanks, but on average amounts to about 0.4 per cent of cargo capacity. A 30,000 tons tanker cleaning all its tanks would for example discharge 120 tons of crude oil into the sea.
The only hope of dealing with this problem lies in concerted international action. The first effective steps in this direction were taken in 1954 when an international conference representative of 42 countries, including Ireland, was convened in London to consider the problem. The Conference, which was representative of 95 per cent of the world's merchant shipping adopted the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, together with eight resolutions. The Convention prohibited the discharge of persistent oils into the sea by tankers and dry cargo vessels of over 500 tons gross within certain prescribed zones. The Convention also provided 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 residues from vessels other than tankers. Reception for oily residues from tankers would normally fall to be provided at the loading ports. The Convention provided for the keeping of records of oil operations on all ships covered by the Convention.
One of the resolutions adopted by the 1954 Conference recognised that the only entirely effective method of preventing oil pollution was complete avoidance of the discharge of persistent oils into the sea. The Conference urged Governments and other bodies concerned to create the conditions under which it would be possible to achieve this objective at the earliest practicable date and recommended that a further conference should be held within three years to review the position.
The Conference envisaged in the resolution referred to in the preceding paragraph was not convened until April, 1962. The Governments of 41 countries, including Ireland, accredited representatives to the Conference and the Governments of 14 nations sent observers. This Conference reached the conclusion that the complete avoidance of the discharge of oil and oily residues into the sea was not yet a practical proposition but that in the light of experience gained in the working of the 1954 Convention an extension of the provisions of that Convention was warranted and that this might best be achieved by amendment of the 1954 Convention.
The principal amendments of the 1954 Convention which were adopted by the Conference were as follows:—
(a) that the Convention be extended to apply to tankers of between 150 and 500 tons gross;
(b) that the discharge of oil or oily mixture should be completely prohibited, except in exceptional circumstances, from ships of 20,000 tons gross or more for which the building contract is placed on or after the date on which this provision comes into force;
(c) that the zones into which persistent oil or oil mixture may not be discharged should be substantially extended;
(d) that contracting Governments should take all appropriate steps to promote the provision of adequate reception facilities for oily residues and oily mixtures from ships; each contracting Government shall determine which ports and terminals in its territories are suitable for these purposes.
The amendments adopted by the Conference were signed, subject to acceptance, by the Irish delegation. In accordance with the provisions of the 1954 Convention the amendments will become effective twelve months after acceptance by two-thirds of the contracting Governments, except for those Governments which within that period indicate that they do not accept them. The present position is that twenty-eight States have accepted the 1954 Convention and, of these, twelve have accepted the 1962 amendments. The 1962 amendments will not accordingly come into force until at least seven more States have accepted them. Enactment of the Bill will enable the Government to accept the amendments on behalf of this country. Britain, Canada, Denmark, France, Ghana, Norway, Sweden, the Netherlands, Poland, Kuwait, Liberia and the United Arab Republic have already accepted the amendments.
If all ships were to follow strictly the provisions of the Convention and Amendments, pollution of the seas by oil would be lessened considerably but as it will still be permissible to discharge oil in certain areas, observance of the provisions will not entirely eliminate pollution. For this reason it is gratifying to note that Shell International Marine Limited, British Petroleum Tanker Company, Limited and Esso Petroleum Company Limited, are taking more positive action to solve the problem. These companies have developed a scheme known as the "load on top" system which it is believed will make a substantial contribution towards reducing pollution. Under this system, the oily waste from all tanks is collected into one tank. Here it is left to settle into a layer of oil floating on top of a layer of emulsified oil and water which in turn floats on clean sea water; as much of the water as can be pumped off without including traces of oil is then discharged back into the sea. The oily residue is either pumped ashore or retained on board, depending on circumstances, and the succeeding cargo loaded on top, provided that the residue and the new cargo are compatible. The companies are designing equipment to separate the oily water mixture more efficiently, and hope that other oil companies and shipowners will follow their example. This action by the oil companies is particularly welcome and should have a noticeable effect on the cleanliness of the sea.
I am glad to say that the shipping industry in this country has always given the fullest co-operation in any steps necessary to combat oil pollution. Subsequent to the drawing up of the 1954 Convention Irish shipowners agreed to give immediate effect on a voluntary basis to its provisions providing for the prohibition of oil discharge in prohibited zones and to the keeping of records of oil operations on board ship. Since the Convention came into force there have been no complaints against Irish vessels. The only prosecution in this country under the 1956 Act has been in respect of a foreign vessel.
It will be seen, therefore, that while Ireland suffers comparatively severely from oil pollution our shipowners are not responsible for causing pollution. It is accordingly in our interests that the amendments of the Convention should be brought into effect at an early date. While the 1954 Convention did not apply to ships of under 500 tons gross tonnage, the Oil Pollution of the Sea Act, 1956 went beyond the requirements of the Convention and applies to all ships registered in the State which include ships in excess of 15 net register tons. No amendment of the Act is, therefore, necessary to give effect to the amendment of the Convention which provides that the Convention shall apply to tankers of 150 tons and over as the Act already applies to such ships.
Whilst there are no ships of 20,000 tons gross or over on the Irish register the modern trend is towards larger ships and it is possible that ships of this size may in time be acquired by Irish owners. Accordingly, provision is made in the Bill for the total prohibition, except in exceptional circumstances, of the discharge of oil into the sea from ships of 20,000 tons gross or more which are ordered on or after the date on which this provision comes into force.
Under the 1954 Convention the prohibited zones for tankers were generally more extensive than those for other ships. The 1962 amendments to the Convention radically alter this position, so that apart from the special provision for the new 20,000 tons ships the same prohibited zones will apply to all classes of ships irrespective of the trade in which they are engaged. It is proposed to give effect initially to this new requirement by section 4 of the Bill which provides that the existing prohibited zones for tankers shall be prohibited zones for all ships registered in the State. Extension of these zones can be effected by Ministerial Order under section 9 of the 1956 Act.
Power is being taken under section 5 of the Bill to require the owner of an oil refinery, shipbuilding or ship repairing yard to provide facilities for the discharge and reception of oil and oily residue from ships where such facilities are necessary or the existing facilities are inadequate. It is not anticipated that this requirement should create any serious difficulty for the interests concerned and in any event there will be the fullest consultation before any action is taken under this provision. The remaining provisions of the Bill give effect to minor amendments of the Convention adopted by the 1962 Conference.
Enactment of the Bill will enable the Government to accept the amendments adopted by the 1962 Conference and, therefore, help to bring these amendments into operation internationally. The Bill will place no significant burden on shipowners or other private interests nor will it involve any additional charge on public funds. I have every confidence that the Bill will meet with the general approval of the House.
