I move:
That it is expedient that a tribunal be established for—
1. inquiring into the following definite matters of urgent public importance:
(1) the immediate and other causes of, and the circumstances of and leading to, the explosions and fires on and in the vicinity of the ship Betelgeuse and the jetty of the terminal of Gulf Oil Terminals (Ireland) Limited at Whiddy Island, Bantry, in the County of Cork on the 8th January, 1979,
(2) the circumstances of and leading to the loss of life on and in the vicinity of the ship and jetty on the 8th January, 1979,
(3) the measures, and their adequacy, taken on and before the 8th January, 1979, on, in the vicinity of and in relation to the ship and at, in the vicinity of and in relation to the terminal to prevent, and to minimise and otherwise to deal with—
(a) fires and explosions of the kinds aforesaid, and
(b) the occurrence of circumstances of the kinds that led to the loss of life aforesaid;
and
2. making such recommendations (if any) as the Tribunal, having regard to its findings, thinks proper.
We were all, Government and people alike, extremely shocked by the appalling disaster to the French registered tanker Betelgeuse at Bantry Bay early in the morning of 8 January last when 51 people lost their lives.
We owe it to the victims of the disaster and to their relatives to make every possible effort to establish the circumstances and causes of the disaster; we also owe it to them to ascertain in the fullest possible way the lessons to be learnt from this terrible event so as to prevent such a disaster occuring again.
In addition to our obligations to the relatives of the victims and those others directly affected, we have a wider obligation to all those who go to sea in ships, be they tankers or otherwise, or who work at oil terminals. If there are lessons to be learnt from the Betelgeuse experience which contribute to making the seas and ports of the world safer, we have a duty to seek out those lessons and benefit from them.
It is for these reasons that the Government decided that the widest possible investigation into the disaster must be held. The Government determined also that the body appointed to hold the inquiry should have the highest status in law. They considered the provisions of a number of enactments which provide statutory authority for the holding of public inquiries into incidents of this kind and concluded that a Tribunal of Inquiry under the Tribunals of Inquiry (Evidence) Act, 1921 would be most appropriate for the purpose.
An eminent Judge of the High Court, Mr. Justice Declan Costello, has agreed to hold the inquiry. He will be assisted by a number of assessors who will be chosen on the basis of high calibre, experience and expertise. The tribunal is being given very wide terms of reference. It will investigate the cause and circumstances of the disaster and the resultant loss of life as well as the adequacy of the measures taken to prevent and deal with accidents at the terminal. Furthermore, the tribunal may make such recommendations as, having regard to its findings, it may think proper. The terms of reference have been deliberately drawn up to provide the tribunal with full scope in its conduct of the inquiry.
The Government's determination to conduct the most searching and exhaustive inquiry has been evident from the outset. The Taoiseach announced on 8 January—the day of the disaster—that the fullest possible inquiry would be held and on the following day I announced that this would take the form of a public sworn inquiry. An immediate examination of existing legislative provisions was undertaken and this indicated the need to draft and enact amending legislation in order to ensure the effectiveness of the inquiry. It was in these circumstances that the Minister for Justice promoted the Tribunals of Inquiry (Evidence) (Amendment) Bill, 1979, which has since been enacted and which contains provisions which inter alia require the attendance of witnesses, the giving of evidence and the production of documents.
The most immediate task after the explosion and fire was of course to remove the remaining oil, to eliminate the risk of further pollution and to ensure against danger of further fire or explosion. This priority task was accomplished with efficiency and expedition. It was also essential to make immediate arrangements to ensure the assembly and preservation of evidence necessary for the conduct of the inquiry. The initial step in this regard was the appointment on the day following the disaster of an officer of my Department to undertake a preliminary inquiry under the Merchant Shipping Act, 1894.
When the bow section of the vessel had been rendered safe for examination after the completion of gas inerting, the work of investigation and assembly of evidence was carried out under the close supervision of my Department. This has involved the assembly of a team of experts comprising martime technical experts from my own Department assisted by expertise from the Institute for Industrial Research and Standards and Irish Shipping Ltd. and augmented, as necessary, by technical experts from abroad. My aim has been to ensure that nothing which could possibly have contributed to the cause of the disaster is overlooked and that the tribunal will have the assistance of the best available expertise.
In addition, of course, representatives of the other parties with a direct interest in the hearings before the tribunal have had access to the wreck and the jetty with my consent and under my supervision. These facilities have been granted subject to appropriate safeguards and in an atmosphere of agreement and co-operation between all concerned. I have no doubt there is a real desire on the part of everybody concerned to get as close as possible to the truth of what happended to cause the disaster of 8 January. All realise that it is essential to safer operations in the future that this be done. When the examination of the bow section of the vessel was completed, that portion was towed to a selected sinking site about 100 miles WSW of Fastnet and was scuttled on 23 February. Work on the salvage of the after section is proceeding and will take some time. This is also being examined by experts to establish whether it can yield any possible evidence as to the cause of the disaster.
I am not in a position at this stage to say when the inquiry will commence but I can tell the House that Bantry has been chosen as the location.
It would clearly be inappropriate for me at this time to comment on any matter which will arise for consideration by the tribunal of inquiry and I do not propose to do so. I should not, however, let the opportunity pass without paying tribute to the herculean efforts of many people in the aftermath of the disaster.
The Garda, Army and Navy personnel have done a tremendous job. The shipowners, terminal operators, salvors and their employees have worked in very difficult and dangerous conditions to make the wreck safe and contain the risk of oil spillage. In this latter area particularly, they have been very successful having regard to the immensity of the damage to the vessel and the potential pollution hazard. The damage caused by pollution and the use of dispersants has been kept to a minimum.
Officials of Government Departments, including my own Departments of Tourism and Transport and Posts and Telegraphs, the Departments of Defence, Environment, Fisheries, and Labour, the Attorney General's Office and local authorities have undertaken their various duties with efficiency and dedication.
One of the tragic aspects of this disaster was of course the fact that there were no survivors among those aboard the vessel or present on the jetty at the time of the explosion and fire. This obviously makes the task of the tribunal particularly difficult. Neverthless, it is my sincere hope that it will be possible to establish the cause of the disaster. The amending legislation already enacted and the motion now before the House are designed to ensure that the tribunal will have all the powers necessary for the purpose and will suffer from no constrains which might hinder its work.
I have no doubt that the House fully shares the Government's objectives in this matter and will lend its full support to the motion.