I thank everyone in the House for their co-operation and help in finalising this Bill. Senator Caffrey asked some very pertinent questions and I thank him for his contribution.
Oil Pollution of the Sea (Civil Liability and Compensation) (Amendment) Bill, 1998: Committee and Remaining Stages.
Sections 1 and 2 agreed to.
SECTION 3.
Government amendment No. 1:
In page 4, subsection (1), to delete lines 19 and 20 and substitute the following:
"‘(b) in the case of a harbour under the management or control of a company established pursuant to section 7 of the Harbours Act, 1996, the company concerned;'."
Amendment agreed to.
Section 3, as amended, agreed to.
Sections 4 to 8, inclusive, agreed to.
NEW SECTION.
Government amendment No. 2:
In page 9, before section 9 to insert the following new section:
"9. Section 19 of the Principal Act is hereby amended by—
(a) the substitution in subsection (2) of ‘the International Oil Pollution Compensation Fund 1992' for ‘the International Oil Pollution Compensation Fund',
(b) the substitution in subsection (3) of ‘in accordance with the International Regulations of the Fund' for ‘by the Assembly of the Fund Convention', and
(c) the insertion of the following subsection:
‘(3A) The Fund shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property."'.
Amendment agreed to.
Section 9 deleted.
Sections 10 to 18, inclusive, agreed to.
Title agreed to.
Bill reported with amendments and received for final consideration.
Question proposed: "That the Bill do now pass."
I also thank the Minister and the Opposition for their co-operation in bringing this Bill to a quick conclusion. I was only interested in the area of negligence and I am not entirely happy with the response I got. Are we sufficiently fire proofed from the possibility of an insurance company disclaiming liability on the basis of navigational deficiency or otherwise in the event of a major catastrophe?
I thank the Cathaoirleach and his staff for their assistance this morning. I also thank the Senators for their contributions and for the searching questions they put to me. In relation to negligence, there can always be an offset if there is a negligence claim and I agree with the Senator that it is a potential danger.
I also agree with the Senator that it is important that we also be prepared in the sense that our navigational aids are well maintained and that the waters are properly charted. It is not always possible to resolve an issue raised in a debate on the spot but a debate provides important pointers for future amendments. As navigation becomes more sophisticated it may be that we are not as well charted as we should be. This is a matter to which more attention must be given.
Question put and agreed to.
An Leas-Chathaoirleach
When is it proposed to sit again?
At 10.30 a.m. tomorrow.