Skip to main content
Normal View

SELECT COMMITTEE ON AGRICULTURE, FOOD AND THE MARINE debate -
Wednesday, 19 May 1999

Vol. 2 No. 2

Sea Pollution (Amendment) Bill, 1998: Committee Stage.

SECTION 1.
Question proposed: "That section 1 stand part of the Bill."

This is a standard section which governs the interpretation of the terms of the Bill. It also extends the area of the State for the purpose of the Bill, to include the area of the sea within 200 miles from baseline. The Bill provides for local and national oil pollution emergency plans and proposes tough new penalties of up to £10 million for non-compliance.

The Bill will make reporting of oil pollution incidents or potential incidents mandatory. Harbour authorities, ships carrying oil as cargo, operators of offshore installations, oil handling and producing facilities and, in certain circumstances, local authorities will have to put in place oil pollution emergency plans. It also extends Ireland's jurisdiction for dealing with pollution incidents from the current 12 mile limit to 200 miles. This is a vital step in the further protection of our maritime environment and the valuable maritime and coastal resources which depend on it.

The Irish Marine Emergency Service, IMES, will be designated as the national agency which will have the power to direct the preparation of these emergency plans as a statutory requirement. The individual plans will be co-ordinated with the overall national plan.

The Bill will create a framework for co-operation between IMES, harbour authorities, local authorities and the operators of oil tankers, offshore installations and oil handling facilities. Our extensive coastline makes us vulnerable to accidents involving oil pollution. The devastating effects that spillages can have on the marine and coastal environment has been made all too clear by the incidents involving the Braer and the Sea Empress. The measures in the Bill will provide strong safeguards for our seas and shoreline amenities and the communities who depend on them, in the event of any such incident.

That is the general purpose of the Bill

Question put and agreed to.

Amendment No. 1 is out of order.

I accept your ruling on that, sir. I am glad the Minister has introduced a Bill to ratify this major international convention. The purpose of my amendment was to ensure that the remainder of the legislative programme regarding related conventions would be clearly laid out.

As Deputy Bell said, the Bill deals with only oil pollution. On the other matters to which he referred, we will supply him with copies of replies to parliamentary questions. I understand he has tabled parliamentary questions to obtain information on the other sections and they will be answered tomorrow.

I accept that.

Amendment No. 1 not moved.
Sections 2 to 12, inclusive, agreed to.
NEW SECTION.

I move amendment No. 2:

In page 12, before section 13, to insert the following new section:

"13.-Section 3 of the Principal Act is hereby amended by——

(a) in subsection (1)——

(i) the insertion in the definition of 'maritime casualty' of 'pollution,' after the words 'resulting in', and

(ii) the insertion of the following definition:

"'prescribed area" means an area outside the State prescribed by the Minister for the proposes of this Act;',

(b) the insertion of the following subsection after subsection (2):

'(2A) A reference in this Act to the State includes a reference to——

(a) the inland waters of the State,

(b) the territorial seas of the State, and the seabed and subsoil beneath those seas, and

(c) any area lying within a line, every point of which is 200 nautical miles from the baselines for the proposes of the Maritime Jurisdiction Acts, 1959 to 1988, and the waters above it, provided that this paragraph shall not be construed as constituting a claim by the State to any area that——

(i) is under the jurisdiction of a state other than the State, and

(ii) the State recognises as being under such jurisdiction.',

and

(c) the substitution of the following subsection for subsection (3):

'(3) A reference in this Act to a country other than the State includes a reference to the territorial seas and inland waters of that country.'.".

The purpose of this amendment is to ensure all the provisions of the 1991 Act apply within the 200 mile jurisdiction of the State as applies to the Bill under discussion. It extends it to ensure all the other provisions are also included.

I agree to the amendment proposed by the Minister. This was referred to on Second Stage and I am pleased he has accepted the point.

Amendment agreed to.
Section 13 deleted.
Sections 14 to 18, inclusive, agreed to.
NEW SECTION.

Amendments Nos. 3, 4 and 5 are related and may be discussed together by agreement.

I move amendment No. 3:

In page 14, before section 19, to insert the following new section:

19. - Section 16(2) of the Dumping at Sea Act, 1996, is hereby repealed.".

This is a drafting amendment which is desirable to correct a technical error in the Dumping at Sea Act, 1996. That Act overlooked the 1995 Act. Amendment No. 5 is related. I hope the Minister will accept the amendments.

I accept the spirit of the amendments but the parliamentary draftsman has informed me that the proposal in amendment No. 4 is the best way to proceed. Amendment No. 3 can be replaced by the proposal in amendment No. 4. The purpose of amendment No. 4 is to correct the drafting point. It has the effect also intended by amendment No. 5. Amendment No. 4 has the construction advised by the draftsman to meet the requirements of both amendments.

I accept the Minister's explanation and I am pleased he has accepted the intent of my amendment. I will withdraw them on that basis in favour of the Minister's amendment.

Amendment, by leave, withdrawn.
SECTION 19.

I move amendment No. 4:

In page 14, subsection (2), line 9, after "1995," to insert "the Sea Pollution Acts, 1991 and 1996,".

Amendment agreed to.
Amendment No. 5 not moved.
Section 19, as amended, agreed to.
Title agreed to.

It is now proposed that the Bill, as amended, be referred back to the Dáil.

I thank Deputies for their input on Committee Stage of this Bill. One can see from the brief summary of purpose which I mentioned at the outset that it is a very important and valuable Bill. It is a further addition to our control measures. Captain Kierwan who is in charge of the marine emergency services is present. This is another aid to him in tackling the pollution problems we may face in the future. This is an important Bill in that respect. I thank the Chairman and Deputies for their co-operation.

I thank the Minister for responding to points raised on Second Stage. We were concerned this Bill be enacted quickly because it will be of immeasurable assistance to marine activity. The Labour Party is happy to support it fully.

I presume there will be full consultation with harbour masters and State boards.

Obviously they would have scanned this and it is acceptable to them.

That is correct. They would be particularly concerned about some aspects. In one of the sections new powers were provided for inspectors and harbour masters. The whole basis of the Bill is that they must prepare the plans. They know that and have participated in the process. Other aspects of the Bill give new powers and shift powers between the inspectors and harbour masters. That has been discussed with them. I am informed Limerick has already conformed with the Bill.

I am sure they have been conscious of it for a long time.

Top
Share