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Select Committee on Enterprise and Economic Strategy debate -
Thursday, 11 Nov 1993

SECTION 25.

Question proposed: "That section 25 stand part of the Bill."

Is there a ceiling to the payment provided for in section 25 which deals with the conditions of payment of reward for salvage operations or will it be on a contract basis? How is the figure agreed on or is there any investigation by the Department into the costs of the salvage?

I wonder if section 25 (2) is phrased as well as it might be? I quote:

Except where provided for by this Part, no payment shall be due if salvage operations have had no useful result.

The word "useful" could be interpeted in a number of ways; what does it mean in that context? The meaning of that part of the section hinges on the meaning of the phrase "no useful result". Who will interpret what "useful" means in that context?

This wording means that the price cannot exceed the value of the salvaged property, which is important.

An arbitrator or judge can decide on the amount and if the salvage operation has had a useful result the judge or the arbitrator will be involved in pricing the operation.

Something may have no monetary value but it could be of tremendous archaeological value to a museum. Surely a value must be put on that. The word "useful" is too ambiguous. Could a better word be used there?

The wording has been taken from the International Convention on Salvage which is the international legislation for this area.

The Minister has not answered my question on the conditions for the reward for the salvage.

Is the Deputy referring to conditions laid down for tender? Section 26 deals with the fixing of rewards.

Question put and agreed to.
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