This motion sets out the terms of reference which the Government propose to give to the tribunal of inquiry which is being set up to inquire into the Bantry Bay disaster of 8 January last. Fifty-one people lost their lives in the terrible events of that morning and I do not need to remind Senators of the appalling impact which that tragedy made on all of us and our deep dismay that such an event should occur.
It was immediately clear that the most searching and exhaustive inquiry must be conducted into the disaster. The Taoiseach announced on 8 January, the day of the disaster, that the fullest possible inquiry would be held and on the following day I announced that this would take the form of a public sworn inquiry.
There are two reasons in particular why the fullest possible inquiry must be held. First, we have a duty to the victims of the disaster and to their bereaved relatives to make every possible effort to establish the circumstances and causes of the disaster and to identify as precisely as possible the lessons which we can learn from it so that we may be in a position to take whatever measures are necessary to minimise the possibility of such terrible events occurring again; secondly, we have a wider obligation, which extends to all those who go to sea in ships, whether in tankers or otherwise, and those who continue to work at oil terminals. We would hope that, from our experience of this appalling tragedy, there are lessons which can be learned which will contribute to making the seas and the ports of the world safer and we have, accordingly, a duty to isolate those lessons and benefit from them.
There are, therefore, compelling reasons for the widest possible investigation into the disaster. Furthermore, such investigation must have the standing and powers commensurate with the important task which is being assigned to it by the Government.
Accordingly, the Government decided that the body appointed to hold the inquiry should have the highest status in law. Following an examination of existing legislative provisions which provide statutory authority for the holding of public inquiries into incidents of this kind, it became clear that a tribunal of inquiry under the Tribunals of Inquiry (Evidence) Act, 1921 would best meet the requirements which the Government had in mind. It became necessary, however, to draft and enact amending legislation in order to ensure the effectiveness of the inquiry. It was in these circumstances that the Minister for Justice promoted the Tribunals of Inquiry (Evidence) (Amendment) Bill, 1979 which has since been enacted and which contains provisions which, inter alia, require the attendance of witnesses, the giving of evidence and the production of documents.
An eminent judge of the High Court, Mr. Justice Declan Costello, has agreed to hold the inquiry. He will be assisted by a number of assessors who will be chosen on the basis of high calibre, experience and expertise. Senators have before them the comprehensive terms of reference which the Government propose to give to the tribunal. We propose to ask it to investigate the causes and circumstances of the disaster and the resultant loss of life as well as the adequacy of the measures taken to prevent and deal with accidents at, in the vicinity of and in relation to the terminal and the ship. Furthermore, the tribunal may make such recommendations as, having regard to its findings, it may think proper. The terms of reference have been deliberately drawn up after the most detailed consideration with the objective of providing the tribunal with full scope in its conduct of the inquiry.
As Senators are, of course, aware, the effectiveness of the inquiry will be governed to a large extent by the evidence and expert opinion which is presented to it. One of the tragic aspects of this disaster is the fact that there were no survivors among those aboard the vessel or present on the jetty at the time of the explosion and fire. This obviously makes the task of the tribunal particularly difficult and makes it all the more essential that the most thorough and painstaking examination of the wreck and the jetty be carried out with a view to providing evidence for the tribunal.
Accordingly, I made arrangements in the immediate aftermath of the disaster to ensure the assembly and preservation of evidence necessary for the conduct of the inquiry. My first action in this regard was the appointment, on the day following the disaster, of an officer of my Department to undertake a preliminary inquiry under the Merchant Shipping Act, 1894. When the bow section of the vessel had been rendered safe for examination after the completion of gas inerting, the work of investigation and assembly of evidence was carried out under the close supervision of my Department. In order to do this, I assembled a team of experts comprising maritime technical experts from my own Department assisted by experts from the Institute for Industrial Research and Standards and Irish Shipping Ltd. and augmented, as necessary, by technical experts from abroad. My aim has been to ensure that nothing which would have contributed to the cause of the disaster is overlooked and that the tribunal will have the assistance of the best available expertise.
Representatives of the other parties with a direct interest in the hearings before the tribunal have also had access to the wreck and the jetty with my consent and under my supervision. These facilities have been granted subject to appropriate safeguards and in an atmosphere of agreement and co-operation between all concerned. Everybody realises the vital importance of the work which is being done and the value of the contribution which they may be making to safer operations in the future. I have no doubt that all concerned in the investigations share a real desire to establish, in so far as this is possible, the truth of what happened to cause the disaster of 8 January.
The examination of the bow section of the vessel has been completed and that portion was towed to a selected sinking site about 100 miles west-south-west of Fastnet and scuttled on 23 February last. Work on the salvage of the midsection and after section is proceeding and will take some time. Similar work of examination by experts is being carried out on the remaining sections of the vessel and on the jetty to establish whether they can yield any possible evidence as to the cause of the disaster.
We have not yet reached a stage where a date can be set for the commencement of the inquiry but I can say that it will be held at Bantry.
It would clearly be inappropriate for me at this time to comment on any matter which will arise for consideration by the tribunal and I do not propose to do so. I must not, however, let the opportunity pass without paying tribute to the very considerable work put in by many people, often in difficult and, indeed, dangerous conditions, in the aftermath of the disaster.
The Garda, Army, Air Corps and Naval personnel did a tremendous job. The most immediate task after the explosion and fire was to remove the remaining oil from the bow section, to eliminate the risk of further pollution and to ensure against danger of further fire or explosion. In these areas, the shipowners, terminal operators, salvors and their employees worked in difficult and hazardous conditions to make the wreck safe and to contain the risk of oil spillage. These tasks were undertaken with efficiency and expedition and have received international praise for the way in which they were carried out. The anti-pollution operations in particular have been of considerable effectiveness, having regard to the potential pollution hazard of the severely damaged vessel. The damage caused by pollution and the use of dispersants has been kept to a minimum and the position remains under constant surveillance.
I would like to place on record also my appreciation of the efficiency and dedication with which officials of the various Government Departments, including my own Departments of Tourism and Transport and Posts and Telegraphs, the Departments of Defence, Environment, Fisheries and Labour, the Attorney General's Office and local authorities tackled and dealt with the various problems which arose in the aftermath of the disaster. I would also wish to record my appreciation of the facilities provided by the British and French authorities.
Finally it is my fervent hope that, despite the very considerable difficulties which face them in their task, the tribunal will find it possible to establish the cause of the disaster. The fact that there were, tragically, no survivors among those most intimately concerned in those fateful final moments leaves a large gap in the available evidence.
The amending legislation already enacted and the resolution now before the House are designed to ensure that the tribunal will have all the powers necessary for its purposes and will suffer from no constraints which might hinder its work. I have no doubt that the Seanad fully shares the Government's objectives in this matter and will lend its full support to the resolution.