Merchant Shipping (Salvage and Wreck) Bill, 1993: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Minister for the Marine (Mr. Andrews)

First, I am taking this Bill for the Minister of State at the Department of the Marine, Deputy O'Sullivan, who is unwell. I know the House will join with me in wishing him a speedy recovery to full health.

In June 1990 the Government authorised the Minister for Foreign Affairs to arrange for signature, subject to ratification, of the International Convention on Salvage, 1989. This required that new domestic legislation be enacted to give effect to the convention. This offered an ideal opportunity to carry out a thorough review of existing legislation in respect of salvage and wreck and to address, in particular, the question of the removal of wrecks which constitute an obstruction to navigation or a blight on the environment. It was also decided to avail of the opportunity to strengthen and formalise the powers and duties of persons authorised to take charge of attempts to rescue vessels in distress.

Marine casualties in Community waters in recent years culminating in the Braer incident off the Scottish coast last January provided the impetus for the European Community to identify and act on measures to minimise the risk of further such catastrophes and resultant ecological damage. The Commission document, A Common Policy on Safe Seas, lays down the policy objectives for the elimination of substandard vessels, operators and crew from Community waters. A number of measures were targeted for priority action when the Council of Transport Ministers endorsed these objectives last June. I pay tribute to the Minister of State, Deputy O'Sullivan, because he has done a lot to strengthen resolve of the European Union in that area.

Priority measures include setting up a ship traffic control system at Community and national level; the creation of environmentally senstive areas from which high-risk shipping must be excluded; the need for shipowners to contribute to the costs of management, prevention and intervention where accidents occur; more intensive port State control inspections of foreign ships entering Community ports; comprehensive reporting systems for ships carrying dangerous or polluting goods into or out of Community ports as well as transiting along European coasts.

Ireland is actively involved in the Community work programmes to translate these measures as quickly as possible into concrete action. I welcome this Community action to minimise the risks of marine pollution and to improve safety. Ireland has already taken steps to improve its capability in this regard. Slanú, the Irish Marine Emergency Service, or IMES, was established by the Government as a division of the Department of the Marine in May 1991 with responsibility for the operational control and co-ordination of all types of marine emergency response, including search and rescue, sea and coastal pollution, shipwreck and casualty response. The establishment of IMES reflects the Government's commitment to provide the necessary resources to ensure, in so far as it is possible, the safety of life at sea.

The Bill provides a new statutory framework for dealing with marine emergencies and their aftermath. Marine casualties can have three phases: a ship can be in danger or distress due to a technical failure or heavy weather; the ship is subsequently wrecked, abandoned or stranded; and the ensuing wreck may pose a threat to navigation, public health or the environment. The Bill fundamentally strengtens the powers of relevant authorities in these situations.

A number of the provisions in this Bill are designed to enable the Irish Marine Emergency Service to discharge its functions even more effectively. Part II enables the Minister for the Marine to appoint authorised officers, who will normally be drawn from IMES, to save lives and to assist vessels in distress. The authorised officer is given a general power to take such steps as he or she thinks fit to save the lives of persons on board the vessel at risk, the vessel itself and its cargo which, together with the specific powers proposed, will ensure flexibility and prompt response in order to deal with the specific circumstances of unpredictable emergencies as they arise. The specific powers available include the requisition of vehicles, ships and aircraft, the use of adjoining lands and the enlisting of relevant persons to assist with the rescue operation.

In relation to the question of the use of existing or adjoining lands, it is interesting to note that an amendment moved by Deputy Barrett in the Lower House was accepted and, for the first time, precludes the owner of the land from any liability for anybody coming onto the land, except where there was malicious intent on the part of the owner in relation to that individual. That is an interesting development which I would like to think would be known from now on as the Barrett Development. It may introduce a totally new law in other areas related to that particular problem that would require amendment.

If the vessel in distress is located in a harbour the Bill provides for the harbourmaster to assume the functions of the authorised officer. The Bill also gives the Garda Síochana powers to search and detain persons suspected of plundering a vessel in distress or its cargo. I regret to say that experience has shown that unscrupulous individuals may try to take advantage of an emergency by looting a stricken ship. The State must protect as far as possible shipowners and crew against such an eventuality.

This enhanced ability of the rescue services and other agencies to intervene will help to ensure that most incidents do not progress beyond the distress stage. In the event, however, that the vessel becomes stranded, abandoned or wrecked, a salvage operation may be attempted. The existing law on salvage requires to be updated to ensure that salvage operations are encouraged and undertaken in a responsible manner. The Bill will, therefore, give effect in Irish law to the provisions of the International Convention on Salvage, which prescribes the internationally accepted duties of shipowners, shipmasters and salvors during and after salvage operations. It also places on all concerned a clear responsibility to prevent or minimise damage to the environment.

At this stage, I would like to address Senators briefly on the underlying approach to salvage. Salvors have traditionally worked in a high risk business with large rewards for those who conclude successful salvage operations, but nothing for those who fail. There is a great deal to be said for this approach as it would be unreasonable for an owner of a stranded vessel or its cargo to pay a salvor who fails to rescue any of the endangered property.

However, the International Convention on Salvage makes one critically important change to the traditional principle of no cure, no pay or no foal, no fee. Under existing law, there is no incentive for a salvor to protect the environment when undertaking a salvage operation. The salvor's reward comes purely from saving the ship, crew and its cargo. Under the provisions of the Bill owners will be required to compensate salvors who have taken steps to minimise damage to the environment. This a very practical and proper step. One might describe it as being ecologically correct. That provision will apply even where the salvage operation itself has been unsuccessful. In view of the number of serious marine pollution incidents and threats to which Ireland has been exposed in the past and our increased awareness of the need to protect the marine environment, this represents a timely and vital change in the law of salvage.

The Bill provides for the making of contracts to undertake salvage operations and lays down the criteria for deciding the amount of reward to be paid for the successful undertaking of a salvage operation. These criteria will also apply to compensation to be made for minimising or preventing damage to the environment.

The Bill also provides that payment to the salvor by the owner for the saving of life will take priority over claims for payment in respect of property. The Bill also reiterates the general duty of a master of any ship to come to the assistance of any person in danger of being lost at sea.

Part IV of the Bill comprehensively addresses the question of wreck removal. The existing law on wrecks, which is contained in the Merchant Shipping Act, 1894, is being updated and strengthened. Receivers of wrecks, appointed by the Minister for the Marine, have usually been officers of the Customs and Excise Service. Other persons may also be so appointed, where necessary. Under the Bill, receivers of wrecks will retain their function as "honest broker" between the owner and the salvor of wrecks.

The first duty of a receiver is to take possession of a wreck whose ownership has not been established. The Bill provides that anybody, other than the owner, finding or recovering a wreck must deliver it into the possession of the receiver.

The receiver must then give notice of taking possession of the wreck, with a view to establishing ownership and ultimately handing it over to its rightful owner, provided of course that security for any salvage fees has been forthcoming from the said owner. In the event of no owner being found, the Bill provides that the Director of the National Museum, on behalf of the State, may claim the wreck if it is of archaeological, historical or artistic merit. While the National Monuments Act, 1987, is the principal legislation covering the safeguard of wrecks of historic importance, I am proposing this provision to further strengthen our powers to protect our national heritage.

I am pleased that the Bill will firmly place the onus on the owner to remove the wreck if it constitutes a hindrance to navigation, or a threat to coastal communities or the marine environment. We are all familiar with the phenomenon of unsightly wrecks around the coastline and the Bill will help us to ensure against this in future.

Provision is also being made to deal with circumstances where an owner refuses to remove such wreck within a reasonable timescale. In such circumstances, harbour authorities, local authorities or the Commissioners of Irish Lights are empowered to remove wrecks or otherwise render them harmless and, most importantly, to recover the expenditure incurred by them from the owner.

I am also taking the opportunity to safeguard property on board a wrecked or stranded vessel by making it an offence. for an unauthorised person to board such vessel without the permission of the master or owner.

Finally, the burial of human remains at sea is addressed in Part V of the Bill. Unauthorised burials at sea can pose a risk to public health or cause a navigational hazard, and can also give rise to personal distress in the event of a body being washed ashore. Accordingly, the Bill provides for an enabling power to make regulations for a suitable regime under which burials at sea may take place.

Section 66 of the Bill deals with burial at sea. This is an interesting provision. There are five or six applications annually for such burial. Unauthorised burial at sea is addressed in the Bill for the first time. Grief and concern is experienced by the relatives of persons whose bodies are buried at sea in an unauthorised or unacceptable way. The corpses of the remains become a threat or, alternatively, are washed up on the foreshore. Section 66 is being introduced to prevent this.

Mr. Burke

That is the section for Senator Magner, burial at sea.

Mr. Andrews

Under this Bill I am providing for a maximum level of fine of up to £10 million or five years' imprisonment, or both, for conviction on indictment. This is in the event of pollution and other matters. When I saw this fine for the first time I raised my eyebrows and wondered from where it was coming. I believe it is a carryover from a section of the Sea Pollution Act, 1991, where offences with potential catastrophic environmental consequences are similarly dealt with. In the circumstances it is not all that outrageous. The financial penalty for such offences must be commensurate with the enormity of the environmental threat which they can pose.

The Bill underlines my commitment, that of the Minister of State and the Government, to protect our valuable coastline and marine environment and will enable us to put in place and to enforce a comprehensive legal framework to underpin the practical contingency arrangements necessary for that purpose. I will conclude, Sir, by thanking you for your kind good wishes to me and I respectfully commend the Bill to the House.

Mr. Burke

I welcome the Minister to the House and I wish the Minister of State, Deputy O'Sullivan, well. He showed great strength and I have no doubt that he will pull through this serious illness and be back to us in the not too distant future.

I welcome the Bill but it contains a few inadequacies. If we table amendments on Committee Stage, perhaps the Minister might accept them. There are a number of areas which I may expand on at a later stage. The first is the protection of our coasts; second, the power of local authorities to remove wreck and, third, that adequate facilities should be provided at our ports to control and try to eliminate dumping at sea.

The Minister stated he will be imposing severe fines of £10 million and five years' imprisonment. We will table an amendment that the imprisonment sentence should be changed to community work because our prisons are seriously overcrowded and designed for hardened criminals.

In relation to the removal of wrecks by local authorities, where the removal, salvage and disposal of the assets do not fully meet the required costs, the Department of Finance and the Department of the Marine should make up the shortfall to the local authorities. On several occasions, involving Departments other than the Department of the Marine, local authorities have been left with a number of shortfalls in various areas.

The purpose of this legislation is to give effect to the International Convention on Salvage and to strengthen the law on the removal of wrecks which constitute a threat or harm to the marine environment or a hazard to navigation. Nobody could disagree with that. It is important that authorised officers have the necessary powers to deal with cases of vessels in distress. I welcome the provision in the legislation which extends the protection to wrecks of historical, archaeological or artistic importance. This is a measure which our party supports.

The people who engage in search and rescue operations, the Irish Marine Emergency Service, the RNLI, the Naval Service or the Air Corps are engaged in dangerous work and must be congratulated. There are times when they are greatly supported by other organisations and the public at large and they too must be congratulated for doing a tremendous job. We must also congratulate countries who are willing and able to assist each other in the line of rescue. Great co-operation exists between Britain and Ireland when it comes to assisting each other when it comes to helping vessels in distress at sea.

I welcome the provision in the legislation which renders the owner of a vessel liable for expenses incurred in a rescue operation. It is unfortunate that it is necessary to give the Garda Síochána powers to search a person suspected of plundering a vessel in distress. Unfortunately, people will use any occasion to get what they can for themselves and it is necessary to extend these powers to the Garda Síochána.

I congratulate the Minister for accepting the Fine Gael amendment, which he says will be known as the Barrett amendment and dealt with occupier's liability. It is only right that landowners should not incur liability when allowing people on to their property to carry out services required under this Bill. We are all aware of occupier's liability and the Government should have a serious look at this area. The Minister also accepted the Fine Gael amendment dealing with burial at sea. This too is welcome.

In the area of penalties, the Bill provides for the imposition of prison sentences. The prison sentence should be changed to community service work. Prisons are designed for people who commit crimes. Our prisons are overcrowded, and should be kept for criminals.

Local authorities are empowered under this legislation to remove a wreck if there are reasonable grounds for believing it constitutes a threat to the marine environment or related interests. This is a wise decision. I hope that when giving powers to local authorities, we will give them adequate resources to carry out the functions assigned to them. It is important that local authorities be given the power to remove wrecks if they pose a threat to the marine environment, endanger life or affect our tourism industry.

The Minister is aware that the biggest industry along the western seaboard is tourism and must not be harmed in any way. I would honestly say that the only area for growth along the western seaboard is the tourism industry. I do not see any reason the local authority should not have the power to remove shipwrecks from waters around our coasts if they are causing damage or are likely to cause any damage to the coasts but if they are to carry out these functions, they will have to be provided with adequate resources.

The Minister is also aware that where the Department grants moneys to local authorities for the restoration of piers in certain areas, most local authorities have to raise 25 per cent of the cost. This places an enormous burden on some local authorities. Local authorities will have to be provided with the resources necessary to enable them to carry out their functions under this legislation.

We have road traffic regulations and laws governing the use of vehicles on our roads. We also have air safety regulations. It is time the European Community addressed the need to deal with substandard vessels at sea. The fact that a substandard vessel is allowed go to sea endangering lives and damaging the environment should be tackled urgently. We should also seek measures to improve the effectiveness of State port control, introduce preventive measures in relation to routing of ships and improve research facilities, vessel traffic services and the training of seafarers to recognise the need to implement improved standards.

Very often the problems we face are caused by the non-implementation of existing rules. We need the assistance of EC member states and international organisations to bring about necessary change, to ensure safety at sea and to avoid pollution. We must seek improved data interchange on vessels on a worldwide basis and the provision of resources to ensure that sufficient numbers of inspectors are trained to similarly high standards throughout Europe.

The EC must use its economic and political strength to encourage Third World countries with inadequate arrangements to rectify that position. Many of the problems which arise as a result of disasters at sea unfortunately originate in countries which do not apply the same standards as are applied throughout Europe. Ireland should support the European Community shipowners' association's suggestion that vessel traffic services should have an enhanced role in avoiding accidents in congested waters and that action in the areas of policy planning and promoting standards for qualification of personnel should be taken in the context of such vessel traffic services system.

We need to provide adequate waste reception facilities in ports. Regrettably, this is a matter which has been totally neglected in many circumstances. It is important that member states fulfil their obligations in this regard. As a result of the lack of proper facilities at ports, much dumping is taking place in our seas. This can be seen from pollution on our beaches and we, along the western coast, have a great number of beaches of which we are very proud, which have been awarded the blue flag. We are proud that we have nine blue flag beaches in Mayo.

It is a recognised fact that much of the pollution caused along our coast comes from indiscriminate dumping at sea and that this is a result of lack of proper facilities at ports. If facilities at ports are not provided then rubbish will continue to be dumped at sea. Every opportunity must be taken to strengthen legislation to encourage and promote greater environmental awareness and to protect our seas.

We all have seen the tragic consequences of accidents at sea and I welcome this Bill because it puts in place a streamlined package to ensure that rescue and salvage are carried out in a structured and legal manner under clear guidelines. One of the worrying aspects of the international shipping sector is the number of oil spillages. Vast areas of natural beauty and valuable fish stocks have been damaged by pollution as a result of shipwrecks. It is only fair and proper that the owners of such ships are obliged to pay the clean up costs. I welcome the provision where those engaged in salvage operations and who pay special attention to preventing pollution will be rewarded.

Ferries are getting bigger and carrying more passengers. Many ferries, including ferries from other countries, are unsuitable to carry large numbers of passengers. Very often one would not be too sure of the number of people on board a ferry, especially during peak periods. Many trucks can overturn while on ferries thus causing major problems. Consideration needs to be given to the number of vehicles which can be carried by ferries and also to safety precautions and the language used by the ferry companies. It is important that we look at legislation in this area.

I thank the Minister for setting in train some very important developments in regard to air, sea and marine rescue services based on the west coast. With the aid of the Structural Funds over the next four years we hope to see more developments along our western coast. In the event of a major oil spillage the major accident or emergency plans which county councils and local authorities are supposed to implement would be capable of dealing with the vast amount of oil and chemical spillage which would invade the beaches along the west coast.

If we are serious about developing tourism in areas that have been left on the sidelines because of our peripherality where some counties have up to ten blue flag beaches, the Minister must not alone see that more stringent safety precautions are put in train to eliminate the possibility of accidents that would destroy these beaches but he must provide adequate resources to our local authorities so that they can carry out their responsibilities.

I note from the Dáil Official Report that the Minister said he was on board a ship off the south coast and that they brought aboard a substantial herring catch, a species of fish that is more common in the Celtic Sea. The herring fishing season is from October to 1 February. There is great anxiety among fishermen along the west coast that under the reclassification they may no longer be able to fish for herring. I ask the Minister to look into that matter.

Mr. Daly

I welcome this legislation which is timely and important and I compliment the Minister for the Marine on the expeditious way he has brought it forward. This complex legislation gives effect to an international convention and to certain aspects of maritime law going back over a hundred years. This legislation, giving powers of interventions and other powers, is necessary for our maritime industry in view of the developing pattern of maritime business especially around the Irish coastline. I join with the Minister in wishing a speedy recovery to the Minister of State, Deputy O'Sullivan, who has been working with the Minister on this complex issue.

We need to be vigilant in this area, especially in relation to developments within the EC and developments which will take place in the future regarding non-member states of the EC. I would stress the necessity and urgency of putting in place a legislative framework which will deal with shipping registered outside the EC and under flags of convenience. We have had difficulties with these ships over the last few years and with ships from EC countries also.

Given that we are situated on some of the major shipping routes, it is necessary that we have a system of legislation capable of effectively dealing with the problems that may arise as the pattern of trade develops. It is useful and worthwhile that this legislation has been brought before us now and I encourage the Minister to continue to ensure that legislation dealing with maritime affairs is brought into line with the developments in the EC. We should have in place a framework of legislation which will enable us to deal effectively and speedily with problems that will most likely arise in the coming years.

This has not been the case up to now due to the absence of specifically defined authorised personnel to deal with emergencies and its having been unclear where the lines of ministerial responsibility lay. We had the tragic case of the Kowloon Bridge, where the ship was allowed to run out of control for two or three days and eventually almost caused a horrific pollution problem in one of our most lucrative fishing areas of the south-west and one of our most scenic areas.

Were it not for the fact that a new Department of the Marine had been recently established and was able to put emergency arrangements in place quickly to remove the oil from the Kowloon Bridge, we would have been faced with a pollution disaster. Even to the present day it is unclear whether insurance settlements have been reached in that case and whether the State has been reimbursed for the expense it incurred in the clearing up operation. It is vital that we have legislation in place which would put a system in operation to deal with such events. I compliment the Minister for doing that through this complex and detailed legislation which is both necessary and timely.

Under the legislation it is likely that a number of orders and regulations will have to be made. Sometimes we find that when legislation is passed there is often a delay in issuing orders and regulations to give effect to that legislation. Therefore, when this legislation is passed, there should be no undue delay in issuing the specific regulations and orders which will be necessary to give effect to some of the decisions which are covered in the legislation.

I compliment the Doherty Review Committee which was set up to review the Air/Sea Rescue Service. One of its first decisions was to relocate the search and rescue helicopter to Shannon. This has been an outstanding success. Only today this move was complimented by no less a personality than Mr. Murrin of the Killybegs fishermen who, although never a great friend of mine, agrees with me on the necessity of having an effective Air/Sea Rescue Service on the west coast. Since its establishment the service has already saved about 200 lives. An indication of the success of the Doherty Review Committee is that it further recommended the establishment of a marine emergency service and that service has been put in place.

It will be important in the future to have co-operation between all the agencies and Departments involved in this important area. While we compliment the Air Corps, the Naval Service, the RNLI, the Commissioners of Irish Lights and all those involved, it is vitally important that people at local level would also be involved in this operation. This is where co-ordination is vitally important. I saw it at first hand when an incident occurred off Ballyvaughan. The local authority, Clare County Council, with the Marine Service and the Air/Sea Rescue Service at Shannon effected an efficient emergency service within a very short time of a ship getting into difficulty. People were rescued off the ship, the danger of pollution on the coastline was eliminated and what could have a been a major tragedy both in loss of human life and in damage to the environment was averted because of the speedy and efficient way the rescue services operated. I put on record our appreciation for the magnificent response from the local authorities, the State agencies involved and the Ministries with responsibility in that area for a very effective operation.

The Minister has set down clearly in the legislation how he proposes to deal with such emergencies. It is important that specific officers would be authorised to take certain action when the need arises, especially in the early stages when it is not clear what will be the final outcome of the emergency. There may be heavy gales off the west coast, a ship may be in difficulty and there may be navigation problems and it may be necessary to take immediate action, such as calling out a naval vessel or a helicopter. It is important that specific people are delegated to do certain tasks. While the overall responsibility must and will ultimately rest with the Minister, in these situations it is important to clearly identify who is responsible for taking what action: who calls in a helicopter, who calls in the medical services, who calls the oil pollution control people? There should be a mobilisation team in place to give effect to these decisions.

I compliment those competent and capable people who work in the Department of the Marine. I dealt with them during my time in the Department. Their competence was shown during various emergencies around the coastline.

In relation to assistance and the power to enlist further help, it is important to establish specific detailed orders so that necessary action is taken without the need to approach the Minister or anyone else.

I am happy this legislation has been introduced, although it is long overdue. This legislation is before us because of the diligence and competence of the present Minister. I wish him every success in his complex, detailed and painstaking work, which is invaluable to this country. I hope we will not need the emergency services or the pollution control measures mentioned in this Bill, but accidents will happen and unforeseen situations will arise as a result of bad weather, etc. For the first time in many years we have a legal framework which will enable us to deal effectively and speedily with these situations. I want to put on the record our appreciation for the Minister who put this legislation in place.

Mrs. Taylor-Quinn

I welcome the Minister, Deputy Andrews, to the House and convey my good wishes to the Minister of State at the Department of the Marine, Deputy O'Sullivan, who did a good job. I hope we see him in the House in the near future.

I welcome the Bill before the House. As the Minister stated, we are putting an international convention on salvage and wrecks into legislation. It is important to bring such legislation before the House, but I am concerned about the methods of implementing it. We introduced a Sea Pollution Act in 1991. Will the Minister outline how effective we have been in implementing that extensive legislation? The thrust of the Bill is good and well intentioned and it would be successful if it was put in place.

With regard to the interpretation section, the Bill mentions "distress" in relation to a vessel —"includes a vessel in distress which is a wrecked or stranded vessel". Will the Minister clarify "distress" in this case because a "vessel in distress" could be a vessel listing, drifting, drifting and listing, in difficulty in a storm or a combination of other factors. Will the Minister, his Department or the officers he may authorise to take action in certain circumstances be limited by the confined interpretation of "distress" in this section? I would appreciate if the Minister would answer this query because I am concerned about the interpretation of this section.

Over the years we have been subjected to many pollution threats because of our geographic location in north-west Europe and the fact we are an island country. I welcome the fact that this Bill, in conjunction with the European Community, is introducing specific powers for the monitoring and control of vessels in our waters and near our country. How will we implement this legislation and what structures will be in place to ascertain what vessels are 200 or 300 miles from our coasts, what they are carrying and from where they are coming?

I want to raise a question about flags of convenience. We all know about inferior, substandard vessels from countries outside the European Community which are registered in the Community and are operating in European and Irish waters under flags of convenience. An international law of the sea governs this area and international conventions have been agreed; however, it is one thing to sign conventions, it is another to implement and obey them. Many countries are slack and are operating Third World type vessels in our waters. We need to be more vigilant.

The Minister specifically outlined what the Department of the Marine and the European Community are doing about eliminating these problems and difficulties. What structures are we setting up to monitor this situation and to obtain advice about the type of ships which are 200 or 300 miles off our coasts, what they are carrying, from where they are coming and where they are going?

The transportation of nuclear waste from Japan to Sellafield is a serious problem for the south-east coast and the Irish Sea. This waste is stored in concrete containers and dumped 400 or 500 miles off the south west coast of Ireland. We should be concerned about this and we should not allow it to happen. We know the power of the sea and the erosive power of salt water and difficulties will arise for future generations when cracks appear in the concrete and leakages occur. This will result in serious pollution problems for us because we will close to this situation. As part of the European Community we should ensure that this practice does not continue. It is ridiculous that nuclear waste should come from Japan across the Pacific Ocean to be dealt with in Sellafield and dumped off our coasts. We should protest louder about this and ensure that it is stopped. Aside from the health report, it is unacceptable from an environmental point of view.

What type of examination is done on ships flying flags of convenience? What is the procedure in relation to the registration of these ships in the European Community? What type of monitoring is done by respective member states about where it goes, what it does and what cargo it carries? We need answers to these questions. Some member states have ships which operate on a nuclear basis around our coasts. What type of monitoring takes place to determine when these ships travel along our coasts? I am speaking of French ships which are nuclear operated and Russian ships which travel around our north-west coast.

We are not in a position to monitor what is going on. We are doing the best we can with the limited resources available to us. I take this opportunity to compliment the Department, the IMES, the RNLI, the Irish Navy and the various organisations involved in marine activity for the fine job they are doing with limited resources. There is a case for the Minister to put to the EC that, because of our location, we are in an ideal position to have the headquarters of a European anti-pollution service in relation to rescue and marine anti pollution squad services which should be established, separate from the IMES. There is an opportunity at present, where the Government has presented the case for Structural Funds, to establish a clear anti-pollution sea facility. There is a need for greater resources and the Minister must be aware of applications and submissions by private individuals in relation to furthering the cause of preventing sea pollution, especially in regard to ships that get into distress and difficulty.

Over the years we have been subject to pollution, especially from oil tankers. In some instances there were leakages and damage to the coastline and sea life which, often, was minimised by the effective action of the marine services and the Department of the Marine. However, we need greater protection and I believe the Minister is in a position to canvass for support in Europe on this issue.

Another matter dealt with under the Sea Pollution Act, 1991, and not dealt with in this Bill, is dumping at sea, especially the dumping of plastics. Perhaps the Minister would give some information on how this Act has been implemented, what effective action has resulted from it and if there have been prosecutions under it. Perhaps there is not sufficient personnel to monitor and effect a prosecution.

Many wrecks around the coast are rotting and rusting and are an eyesore, it is surprising that so few have been removed. Has the Minister any plans in relation to removing those which have been embedded on our coastline for many years?

I welcome the provisions dealing with salvage, the salvor and receiver. In the past there were a number of instances where there were questionable activities by various personnel around the coastline in relation to vessels in distress. Prior to this it was a case of no foal, no fee, if the salvor did not salvage the ship there was no fee. Therefore, I especially welcome the section in the Bill that includes compensation to a salvor who effectively reduces any environmental difficulties, I compliment the Minister for including this provision in the Bill because it is a major breakthrough. While the other issues of saving life, cargo and the vessel were a priority, protecting the environment must be seen as a major priority and it is dealt with effectively in the Bill.

There are many details, most of them dealing with the fine issues of legal application, in relation to the various functions, roles and powers of the different persons involved in dealing with wrecked and stranded vessels. I welcome this, but I ask for a response from the Minister in relation to the matters I raised.

Section 66 gives the Minister power to introduce regulations regarding burial of human remains at sea. Will he give an indication of the kind of regulations he has in mind because, increasingly, people seem to be anxious to be buried at sea? As the Minister rightly said, the usual process is the shaking of ashes on the water off a part of the coast. That is fine but we must consider the reality of human remains, and as the Minister said earlier, the difficulties in relation to weights and depth and so on. I am sure the Minister, with his fine legal mind, will be in a position to outline the type of regulation he will introduce in relation to this issue. At a time when the Government appears to be in difficulties in relation to providing local authorities with money to acquire properties for graveyards, perhaps the Minister for Local Government might be passing the buck to the Minister for Defence and the Minister for the Marine in relation to this issue.

Mr. Andrews

The Minister for Local Government is now the Minister for the Environment.

Mrs. Taylor-Quinn

There could be a specific challenge to the Minister to address this issue and I await his comments.

Mr. Magner

I preface my remarks on the Bill by welcoming the Minister, Deputy Andrews, to the House and thank him for his typically generous remarks towards his Minister of State, Deputy O'Sullivan, my close friend of 30 years' standing. To use naval parlance, I press-ganged Gerry into politics many years ago, I subsequently acted as his director of elections through the years and will act again in that capacity. I was with him last night and he asked me to pass on to this House his gratitude for the comments made on all sides, not least by Senator Burke, Senator Taylor-Quinn and Senator Daly. It is fitting also to say that Bina, the wife of the Minister of State commended the courteous and caring way in which Deputy Andrews has looked after the family since Gerry went into hospital. It is much appreciated.

I anticipate that this Bill will have an expeditious passage through the House because its provisions are needed, it is crafted intelligently and fills gaps that were blatant when dealing with an island nation. The way in which the international community now acts in consort is also comforting because this Bill is to incorporate the International Convention on salvage and in that respect small countries like Ireland, in common with other nations, are in a better position to protect themselves than they would be in isolation.

The Bill confers important powers such as the appointment of a receiver, the provision for access to private land and the commandeering of private crafts such as planes, boats and vessels of other descriptions. The section to allow local authorities to recoup the cost of salvage and pollution control will be welcomed, as Senator Taylor-Quinn mentioned earlier, by local authority harbour boards, councils and so on, who in the past have been at risk in relation to spending money on such wrecks.

It is not easy to recover money in many cases from the owners of ships that have been wrecked, and I sure this will be addressed on Committee Stage. I have had an interest in this area all my life. I have been at sea in small boats and supertankers and I have had the pleasure of sailing from the Minister's port — Dún Laoghaire — on many occasions. It has been my experience that a substantial majority of ships which get into difficulty are tramp steamers and it is almost impossible to identify the owner. The ship may be flying a Panamanian flag, on charter to a Greek company and operated by another company while tramping round the world. They are difficult to pin down.

The Bill says the State can recoup costs. This can, of course, be done where shipping lines are identifiable and the place of origin can be found but in many cases ships which get into difficulty are old and it is almost impossible to trace the owner. One could be in litigation until old age. That is one problem the Department will face.

There is a section on environmental protection which provides for a £10 million fine, as the Minister said. It may sound horrifically large but that amount would have cleared only a small section of the Alaskan coast after the Exxon Valdez spill. In that case about $1 billion was spent to clean up the environment. The fine is not excessive and if the section is invoked the full rigour of the law should apply. Especially in areas such as this, where we have seen the enormous damage done to the environment of small countries, the fines provided for should be imposed. The courts should not take the easy option; we must pursue those people who by accident, design or carelessness pollute our coasts and waters or use ships which have not been properly maintained on the waters of the State.

The most important function in this area is the saving of human life. In that regard I welcome the section of the Bill dealing with the rescue service. Like the Minister I pay tribute to those involved in the Irish Marine Emergency Services. I commend him and his Minister of State for taking account, as the Bill proceeded through the other House, of the special position of the lifeboat service. The initial idea was that the receiver could direct the RNLI to take part in a specific operation, in common with other agencies, Government or private. The Minister has now excluded the Lifeboat Institute which is welcome. The RNLI has a long and honourable tradition of acting in the best interests of those at sea. It occupies a special position in the hearts of all seafarers and from the public support it receives in its flag days, etc., we can see it occupies a special place in the hearts of all the people of this island nation. This change has also been welcomed by the RNLI.

Mr. Andrews

That change arose from an amendment in the other House accepted by the Minister of State. He addressed the matter on Report Stage.

Mr. Magner

It was an important, welcome amendment to the Bill.

To pay tribute to the rescue service the Minister of State, Deputy O'Sullivan, held a function in Cork to mark the decommissioning of the RAF station at Brawdy in Wales. To people from Cork and the rest of Munster Brawdy is an honoured name in the rescue services for people who get into difficulty off the south coast. One remembers the part that station played in the Air India and Fastnet disasters. The 202 Squadron played a pivotal role at Fastnet in rescuing people and bringing them safely to shore.

The Minister of State made a presentation of a replica of the Fastnet Rock to Squadron Leader English at Cork Airport some months ago. It was a highly appropriate presentation. On that occasion Deputy O'Sullivan quoted the old maritime phrase: "The sea shall not have them". He thanked Squadron Leader English and all the RAF personnel who have given assistance off our coast for their dedicated commitment and courage in living up to that phrase at all times. This House should also pay tribute to the Brawdy personnel who made an enormous contribution to saving the lives of seamen and women.

There is no reason the Bill should not get an expeditious passage through this House. I commend the Minister for this intelligent legislation which will be welcomed by all. It is fitting that a country like Ireland, with a great tradition of seafaring, should have the best in terms of equipment and legislation.

Mr. Cregan

I welcome the Minister to the House and thank him for this fine Bill. The junior Minister, Deputy O'Sullivan, was responsible for the legislation and held long discussions in the select committee on the Bill and with Members of both Houses. He put a good deal of work into it and listened closely to proposals from all sides, taking some of them on board.

I commend the Minister for his concern for Deputy O'Sullivan in his illness. I know the two men worked well together and Deputy O'Sullivan spoke highly of Deputy Andrews. I thank the Minister and his officials for taking over Deputy O'Sullivan's duties. I understand he is doing well after yesterday's operation but, unfortunately, he still has much to go through. He is a neighbour of mine, and I have known him for many years. We entered the council together and come from the same parish.

I come from the south coast, like Senator Magner, and am well aware of the damage caused over the years by wrecks, especially in the south-west. The Bill shows the Minister is conscious of this but he seems aware it does not provide all the answers. Are EC regulations the reason for this? Bills come before us to keep us up to date with developments in Europe. However, one might be worried about Ireland's position as an island as it leaves us vulnerable to those involved in shipping on a massive scale.

One issue in particular concerns me and also worries the Minister, the Minister of State, and other Members of both Houses. To what extent are we responsible for shipping coming near our shores or how can we ensure that others take that responsibility? Can it be done at EC level or is there any way we can regulate the matter? Perhaps we can get a commitment from the Minister's EC counterparts to keep the ships further from our shores. A 20 mile or 25 mile limit might not be the correct answer but we have seen the damage done to the south and south-west coasts by ships who can speedily disassociate themselves from a wreck. Senator Magner raised this issue and it also worries me.

In one instance in Bantry Bay we were lucky that a ship, laden with crude oil, docked after becoming badly damaged by heavy storms off the west coast. It would be irresponsible to say that this legislation should not be allowed to go through, but should we not have a certain port on the west coast for such ships to dock, rather than letting them come into Foynes, Bantry Bay or Cork harbour? We were lucky to have expertly trained people to repair the damage, otherwise severe pollution damage could have been done to Bantry Bay, which we would be cleaning up for many years.

I am also worried about the effects of Sellafield on the Irish Sea. Ships going to or from Sellafield must sail on this sea. There is a danger — I know the Minister is conscious of it — of a major accident there and we would suffer most. What protection do we have from the EC? At the end of the day, no amount of funding could repair many lifetimes' worth of damage. I am conscious that ships going to Sellafield with their cargo, from continental Europe in particular, can experience dangerous conditions on the Irish Sea, even in moderate weather. Indeed, many incidents occurred which might have been more dangerous for us if the tide had been high or the wind blowing the wrong way.

We are lucky that, in comparison to other countries, we are influenced by a south-westerly wind. There is a lot of shipping going to Sellafield or other refineries which comes near to the Cork coast in particular. We often do not know who owns these ships or appreciate the damage they can cause.

I will be asking questions on Committee Stage. I am conscious of the provisions of the Bill but they are not the remedy. The lack of responsibility for a number of wrecks lying around our coastline is an example of this.

Mr. McGowan

I welcome the Minister to the House and I am pleased he introduced this important legislation. I join other Senators in sending my good wishes to the Minister of State at the Department of the Marine, Deputy O'Sullivan, for a speedy recovery.

I have a special interest in this legislation, as I have in all legislation relating to the areas of our coastline that depend on the sea for their livelihood. At one time, Governments did not put enough emphasis on this area and I am pleased that the Department of the Marine is now recognised as a strong Department. I come from County Donegal, which has the largest coastline in the country and it must be recognised that it is important for such counties to have a sea management policy.

I welcome the five priority measures referred to in the Minister's speech. The first is the setting up of a ship traffic control system at Community and national level. While I welcome the legislation and know that we are capable of managing rescue, pollution and other aspects of sea management, the main controls must be put on shipping coming from outside and this will make it difficult to implement the legislation.

The second measure is the creation of environmentally sensitive areas from which high-risk shipping must be excluded. I was privileged to attend a Community peripheral maritime regions conference in France in October, which the Minister of State at the Department of the Marine, Deputy O'Sullivan, addressed. He said it was his hope and aspiration that legislation would be introduced to limit the offshore distance from which ships carrying dangerous cargoes could be excluded. The well attended conference welcomed this announcement as a highly important statement because they all realised that such legislation is overdue. It will have to be done on a European and international basis and legislation to limit the offshore distance for ships carrying dangerous cargoes will have to be given a high priority. I would welcome the Minister's comments on that aspect.

The third measure is the need for ship-owners to contribute to the costs of the management, provision and intervention where accidents occur. This measure is necessary but, as previously stated, it is hard to put structures in place to implement this kind of legislation. How does one force, I hope the Minister will comment on this, the management involved to contribute towards compensation if they use low value chartered ships, which are barely seaworthy, for high risk cargo? It is recognised in the shipping industry that the quality of the ship is poor if it is carrying dangerous cargoes. Very often these problems exist.

On the recent disaster off the Scottish coast, the north west coast of Ireland would have suffered severely if it had not been for the extreme weather conditions at the time. People near the accident realised that the bad weather was a blessing in disguise and dispersed the very serious pollution. We must continue to support the Minister for the Marine, the officials and all the Department's structures because they are of vital importance. At one time we may not have focused as much attention on the marine life around our coast but we now recognise its importance. Dumping at sea by multinationals, dangerous wrecks or other matters constitute major pollution. The ordinary citizen who lives on the coast is aware of this and looks to Government and to the Department of the Marine to implement legislation and police it thereafter. It is not an easy task and is very costly. The desired legislation can be in place but its implementation is another matter because most of the problems occur during severe weather conditions. The implementation of structures is of paramount importance. I welcome the introduction of this Bill. I know that the Minister's determination and strength is behind it and I strongly urge him to appreciate that the livelihoods of people living along our coastline are at stake. Their concern is great and I hope that the European Community is encouraged and made to pay substantially towards the coast protection policy which is so important to that part of the island.

Minister for the Marine (Mr. Andrews)

I very much appreciate all the contributions. I specifically refer to the first contribution of Senator Burke; he is right in stating that Third World countries present a difficulty and that organisations such as the European Community Vessel Owners' Association should be supported.

The question of indiscriminate dumping at sea was also raised by Senator Burke and in that context he is pushing an open door. It is environmentally unacceptable by any standards to see the various objects of ships passing in the night ending up on our coastlines. Whether it is plastic bottles or all the other dechets or rubbish of passing vessels——

Mr. Magner

Delicately put.

Mr. Andrews

——it is a tragedy. I strongly support the Senator and I congratulate him and his county — Mayo — in having nine blue flags. It is a beautiful county and has marvellous beaches. It is a sign of the times literally that beaches in County Mayo have blue flags in the sense that there is a county and a community anxious to attract tourists to the area. This is a significant achievement on the part of the communities who can produce blue flags on their beaches. It does not come as any great surprise to me. I have a particular interest in County Mayo as I am a founder member of the Lough Mask Trout Anglers' Association. I fish beautiful Lough Mask as often and as regularly as I possibly can.

Mr. Burke

The Minister is always welcome.

Mr. Andrews

Thank you, Senator Burke. I know the county well and I appreciate the Senator's pride in it. He also questions the matter of facilities at ports. That situation, to counter the environmental threat, is dealt with under the Sea Pollution Act, 1991, and by an international maritime organisation called MARPOL. The Senator will be glad to hear that Ireland will ratify the MARPOL regulations within the next number of months.

The Senator also raised the question of Ireland's participation in the Memorandum of Understanding on Port State Control. I understand we participate in that memorandum with 15 other European countries. Inspections of vessels visiting our waters are co-ordinated to ensure compliance by flag states with the international regulations, about which the Senator quite properly raised concerns. Ships which have deficiencies are detained and the aim is the elimination of substandard vessels from our waters. A view which has found wide currency during the various contributions of Senators is that they are anxious we do not go down the road of "rust bucketry". We do not seem to support those vessels which, to say the least, are not fit to float and I strongly support the Senators' views in this regard.

The Senator also raised the question of ferries which are subject to standards set by the International Maritime Organisation, the IMO, for construction, stability and safe operation. Ireland's laws give full effect to these standards on an ongoing basis.

Regarding the Department of the Marine and the removal of wrecks, the Bill places the onus firmly on the owner of the wreck to remove it. If he or she does not remove the wreck powers have been given to the Commissioners of Irish Lights, the harbour authorities and the local authorities, as I understand it, to compel the owner to pay for the cost of the removal. It would be unwise to build in a provision requiring the State to remove a wreck as it could serve to diminish the responsibility placed on the owner to remove it. He could hide behind the State and in some way wriggle his way out of his responsibilities in relation to the wreck in question. That is the reason it would be unwise to build in a provision requiring the State to remove a wreck. It would dilute the responsibility of the owner.

The Senator raised a very interesting point relating to the section dealing with the £10 million fine, the conviction on indictment and the penalties arising from it in the context of imprisonment. He suggests the substitution of "community order" for "imprisonment". It is a very humane point of view and something that might be examined. Frankly it is not a matter for the Minister for the Marine but I have great sympathy with the Senator's point of view. I understand that the policy in relation to community service orders is a matter for the Minister for Justice and has been dealt with in the Criminal Justice (Community Service) Act, 1983. Section 3 of that Act allows the courts to make community service orders in respect of convicted offenders. Accordingly, the decision to impose a community service order is properly a matter for the courts and they decide how to dispose of an individual or case in that regard. It is a discretionary matter and I do not think for one moment that the Senator's point is being diluted. It is a good point — I do not say that in a patronising way — and it should be considered. I have no doubt the courts and those advising the courts would be anxious to take account of the Senator's views and the views of other Members of the Oireachtas on this and other matters, but specifically on the matter raised by Senator Burke.

Senator Daly, a former Minister at the Department of the Marine, had a distinguished career there. He said the Doherty Review Committee on sea and air rescue should be commended, and I support that. I would like to think that people like the former Garda Commissioner would not merge into the backwater of oblivion and that his services might be used again by the Department of the Marine or by other Departments. It is my intention to use him in a particular area in the not too distant future.

Senator Daly mentioned the Sikorsky and the Shannon sea/air rescue operation. The Sikorsky helicopter operates from Shannon and a contract worth approximately £5 million per annum, or £25 million over five years, is in place. There is an argument as to whether it should be operated by Irish Helicopters or by the Air Corps. However, that is an argument and a resolution for another day. I pay tribute to the operators of the Irish Helicopter Service, they do an excellent job. I understand the Sikorsky helicopter can go 250 miles out to sea, a significant distance by any standards. Pilots operating these helicopters are brave people who go out in appalling weather conditions.

I join with Senator Magner in paying tribute to the Royal Air Force for the assistance it gave us over the years. Now the Sikorsky is in place, I am glad to say that assistance is no longer required. It is important to note that when it was required, we accepted those services. I understand that, from time to time, the roles are reversed and we go to their assistance; in a sense, we are returning the favour.

The Sikorsky covers the west coast, but it can also go over land and assist people in difficulty along the east, south-west, south and north coasts. As Senators said, to date it has rescued approximately 200 people. That is quite an achievement; the rescue of one person is an achievement let alone 200. I believe the exact figure is 167.

I also pay tribute to the Air Corps at Finner Camp who make a significant contribution to that part of the coast. For many years, it had operated a sea and air rescue service and its pilots go out in appalling weather conditions. Furthermore, I pay tribute to the Naval Service. Recently I sailed on the LE Ciara off the Old Head of Kinsale. We went to the natural gas platforms located 27 miles south-west of the Old Head of Kinsale in the most appalling weather conditions. I saw at first hand how the Air Corps and naval vessels operate in bad weather. I want to pay tribute to those services.

I acknowledge Senator Daly's concern about possible delays in introducing the regulations and orders necessary to give effect to this legislation. I take a personal interest in the expeditious passage of this legislation today and the co-operation of the House is appreciated. I assure Senators that when the Bill is enacted there will be no undue delay and it will be enforced to the fullest possible extent. As Senator Daly said, the legislation will give extensive powers to authorised officers to take immediate and complete charge of rescue operations and to call on all ancillary services deemed necessary. He also referred to co-operation between agencies. I am conscious of the need for co-operation between rescue agencies and public authorities. I have no doubt the excellent co-operation which exists at present will continue and strengthen and I am aware of the need to support this objective. Co-operation is a matter for regular review and this Bill strengthens the spirit of co-operation evident in sea rescue.

Senator Taylor-Quinn made a number of important points. She referred to the Sea Pollution Act, 1991, and matters relating to vessels in distress, to flags of convenience, the type of cargo carried by vessels and the distance vessels operate from the coastline. I have seen this at first hand. Marine oriented Senators will be aware of advances in technology which can pinpoint the placement of vessels in any part of the ocean. Ground, vessel and satellite based technology have led to extraordinary advances in this regard. That technology can almost reveal what is on board a particular vessel and almost everything about the vessel.

I support Senator Taylor-Quinn's point about the transportation and dumping of nuclear waste at sea. Dumping at sea is an act of criminal folly, regardless of the substance, but particularly in the case of nuclear waste. It is outrageous that nuclear waste is dumped at sea under any circumstances, at any time or at any location. I feel strongly about that. We are creating problems not for this or even the next generation, but as the saying goes, for generations yet unborn. I strongly support the Senator's view in this regard.

Senator Taylor-Quinn also referred to the definition of vessels in distress. Section 2 deals with that definition. It states that a vessel in distress is a wrecked or stranded vessel. The Senator was concerned about the narrowness of the definition. However, it has a global reference. It is broad and flexible enough to embrace any of the situations to which she referred, including listing, drifting and other difficulties which may arise. I assure the Senator this point is covered by that definition although it does not spell it out.

Senator Taylor-Quinn also raised a number of questions about the enforcement of the Sea Pollution Act. I would be happy to ask the Department to furnish her with statistical data relating to prosecutions. I share her concern about the transportation of hazardous goods and I can assure the House that Ireland is playing a strong role on the international stage to ensure the strictest régime of monitoring and control of such movements. However, I must point out that this legislation is not appropriate for dealing with this area.

I have also dealt with the issue of flags of convenience and it is important to realise that these ships undergo the full rigours of State control inspections in Irish ports. I would also point out to Senator Taylor-Quinn that if existing wrecks are a threat to navigation or enforcement, the owners can be required to remove the wrecks or render them harmless, failing which local authorities may do so and recoup the costs from the owner.

The regulations for burial at sea, a matter also raised by Senator Taylor-Quinn, have yet to be finalised. Matters to be addressed will include suitably constructed and weighted coffins and their disposal in a sufficient depth of water at an appropriate location. These are matters that will be dealt with by regulation and I can assure the Senator that they will be dealt with sensitively in order not to place an additional burden of grief on the already overburdened bereaved.

Senator Magner mentioned a number of areas which are significant and relevant, including IMES and the RAF to whom he paid tribute. I agree with the Senator's concerns about lengthy search and litigation procedures to find and recoup costs from what he calls obscure shipowners. The provisions of the Bill, however, will give us a strong hand in relation to the inspection of normal shipping which must be our main target. I would like to add my voice to Senator Magner's tribute to the excellent assistance given by the RAF over the years in saving lives around our coasts.

Senator McGowan made a valuable contribution from his own perspective as a long-serving Member of this House and having regard to the fact that he comes from the significant maritime community of Donegal. I have addressed many of his concerns in my contribution under headings raised by other Senators. I agree with his comments on dangerous substances and the fact that such substances may be dumped at sea. I find that unacceptable and condemn it. I am grateful for Senator McGowan's contribution which comes from years of experience and understanding of this subject. I will look carefully at his contribution.

I agree with Senator Cregan that the Bill does not have all the answers, no Bill can. I take his point and am not being facetious by responding to him in this fashion. Of course the Bill does not have all the answers but it certainly tries to address the issues; we do the best we can, within our competence, to address them.

Another question raised was that of monitoring vessels off the coast that might be categorised as rust buckets carrying hazadrous cargoes. This matter was addressed capably and competently by the Minister of State, Deputy O'Sullivan, at the June meeting of the EC Transport Council. I have no doubt that when Deputy O'Sullivan gets better, as I am sure he will, he will continue to pay vigorous attention to it. I am grateful to Senator Cregan for his remarks about the Minister of State as well as for his appreciation of what the Minister of State has been doing and will continue to do.

The Senator also mentioned Sellafield. A public relations campaign is being undertaken on behalf of Sellafield which is an assault on one's intelligence. Sellafield is a danger to this country and, by any definition, we should continue to remark and monitor its danger to the Irish Sea and to Ireland generally. We must not forget Sellafield. I welcome Senator Cregan's remarks. As he said, it depends on which way the wind is blowing at any particular time. To a great degree we have been protected by the south westerly winds but some time that wind will shift direction and we might find ourselves in serious difficulty. I take the Senator's point, however, and I appreciate his contribution.

Sitting suspended at 4.40 p.m. and resumed at 5 p.m.

Seanad Éireann debate -
Wednesday, 1 Dec 1993