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

SECTION 52.

Question proposed: "That section 52 stand part of the Bill."

Subsection (2):

Where any wreck is on or near the coast of the State and there is no harbour authority having functions under this section to raise and remove or otherwise render harmless that wreck, the Commissioners shall, if in their opinion that wreck is, or is likely to become, an obstruction or danger to navigation or to lifeboats engaged in the lifeboat service, have the functions set out in subsection (4).

The functions exercisable by the appropriate authority by virtue of this section are to take possession of, and raise and remove, or otherwise render harmless, the whole or any part of the wreck; to light or buoy, subject where appropriate to the approval of the Commissioners the wreck until it is raised and removed or otherwise rendered harmless.

This is a continuation of the other sections.

Question put and agreed to.
Section 53 agreed to.
SECTION 54.
Question proposed: "That section 54 stand part of the Bill."

This section provides for a harbour authority to remove any obstruction in the seaward approaches to its harbour. If a harbour authority has no funds, who will compensate it for the work?

I do not wish to be repetitive but this section extends the harbour to its approaches so if a wreck is outside the harbour area the authority could take it out. We have already dealt with the financial aspects as Deputy Sheehan has brought it up about 25 times since lunch time. It is a matter for the harbour authority to remove the wreck.

I rarely get an opportunity to question a Minister to this effect so I will grasp the opportunity now. There must be some modus operandiavailable to a fishery harbour authority. It is obliged to deliver the dues it collects to the Department of the Marine and there must be some responsibility on that Department to delegate the finance in return to the harbour master so that he can proceed with the clearance of a wreck.

Any dues from fishery harbours are well spent on facilities for fishermen in those fishery harbours. Killybegs, Dingle, Castletownbere and Rossaveel prove that. That money is invested in the fishery harbours. It would be dangerous to include a provision that we would pick up the tab for any wreck. Deputy Sheehan has a particular wreck in mind and there is a means for him to do something about it. I will not insert a clause in the legislation committing us to fund any wreck abandoned at sea. I could not do that and it would be unfair to the tax-payer.

I remind the Minister that sufficient funds were collected this year in Castletownbere fishery harbour to remove this wreck. The money was transmitted immediately——

I gave permission for the harbour there and Deputy Sheehan should remember that.

It was our right to have a harbour master in Castletownbere. He had to extend his jurisdiction over the waters of the Berehaven Sound which are the approaches to Castletownbere harbour, the number two fishery port in Ireland. I would not like to see other Deputies from maritime counties in future years having no modus operandiwhereby they could secure funds to deal with such occurrences in their respective harbours throughout the country.

Where all approaches to the owner — who may not be available — and insurance companies, which may have discharged their responsibilities — have failed we should, in those very remote cases, introduce a clause in this Bill to deal with the matter.

The Deputy made his point. If the message has not registered at this stage I do not think we will be successful with the remaining sections.

I have reservations in regard to the Minister acting.

I have no doubt that the Deputy's reservations are on record.

Question put and agreed to.
Section 55 agreed to.
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