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Dáil Éireann díospóireacht -
Thursday, 29 Mar 1984

Vol. 349 No. 5

Adjournment Debate. - Submarine Activity in Irish Sea.

I thank the Chair for allowing me to raise the Oriel incident on the Adjournment. The facts are known. The trawler was fishing out of Clogher Head on 8 March. Its skipper was Mr. Thomas Tallon, a 37-year-old married man with four children. At 7 a.m. his trawler began to be pulled astern. He was frightened, as were his crew. After a considerable period with the stern of his trawler awash, the pulling ceased and he thought he was free. He made an attempt to haul in his nets. When he did this he found he was not free and the trawler was pulled fast astern again with the result that he had to cut his gear and lost it all.

It is well known that this problem is exercising the minds of fishermen in the Celtic Sea and the Irish Sea. Comparatively recently a French trawler with ten people on board was sunk with a loss of ten lives. We know that the Sharelga was pulled astern also and that the British authorities admitted responsibility. The HMS Porpoise was responsible. Luckily enough, nobody lost his life as a result. That incident was debated in the House. After a considerable period the Admiralty admitted they were involved. There was a report in The Guardian newspaper the morning the news broke of a submarine lying off the northern coast of the Isle of Man which submerged the following morning having spent the night there. The incident with the Sharelga took place the previous day and the submarine proceeded northwards towards Scotland. If the UK authorities had chosen, they might have concealed their involvement.

In the case of the Oriel, Mr. Tallon's trawler, I made the comment at the time that inquiries should be made of the superpowers who have submarines operating in the Irish Sea. It is unlikely that we would get a positive response. Apparently they are all operating in this area. Even though one could prophesy that there would be no immediate admission of responsibility I was of the opinion that the Department of Foreign Affairs should make direct inquiries of the UK, the USA, the USSR and other NATO countries who operate submarines in the area.

A NATO exercise was going on at the time. The date of this incident was 8 March. The UK charts have the fishing grounds marked on them. A U boat, submarine commander, call it what you will, knows it is moving under waters which are being fished. This poses the difficult question of what to do. Strictly speaking there is no international law which can be enforced if they are outside the three mile limit. Apparently this incident took place outside the three-mile limit as did the Sharelga incident. This matter should be taken up in some international forum such as the EEC in the Council of Ministers, or the United Nations, with a view to having a convention which would cover narrow seas such as the Irish Sea. At least we can be sure it was not a Typhoon of the USSR fleet because this is so big that it could not operate in the Irish Sea. However, there are smaller ones which could operate there.

There is an element of carelessness when submarines go into areas where demersal fish are being sought by fishermen, if they know, as they do from the charts, that they are sailing under areas where fishermen operate.

What information has the Minister for Foreign Affairs or the Minister for Communications received regarding this incident? We know there are nuclear submarines operating and we know that some of them are US submarines, some are UK and some are USSR. In an article in The Irish Times of 12 March it is stated:

One of the main reasons for the apparent increase in submarine traffic around the Irish coast is almost certainly the major NATO sea exercise which began on February 28 and will not run its full course until the 22nd of this month. And by the nature of the naval chess-game for the North Atlantic much of "Teamwork 84" has been concentrating on anti-submarine warfare.

Thus the narrow Irish sea, frequent conduit already for the huge nuclear submarines returning to the US base at Holy Loch and the British base Faslane, up Gareloch in the Firth of Clyde, has become even more crowded as NATO ships and boats exercise and watch Warsaw Pact vessels watching NATO activities.

It is all an interesting game of soldiers except for the defenceless fishermen going about their business. I have made suggestions about possible approaches through the Department of Foreign Affairs or the Department of Communications. I know the investigating team in the Department of Communications is a good one and will make a close, firm and non-sensational analysis of the incident. However, that is not enough if nobody confesses and says they are guilty and if this man has no place to go to look for compensation for his gear.

There is an obligation on our administration to seek to have an international convention drawn up and debated in one of the international assemblies. These are only my own suggestions. Better suggestions may come from the Department of Communications or the Department of Foreign Affairs. The House should take cognisance of the seriousness of the events that have already taken place with regard to Irish citizens, namely concerning the Sharelga and the Oriel, and I might add by way of parenthesis that the compensation has not as yet been paid to the skipper of the Sharelga or to his crew. There were all kinds of fancy promises that this would be done, but up to now the compensation has not been paid. We must not forget that as well as the involvement of our own citizens as mentioned, lives have been lost already. It is too late to try to start some kind of remedy, some way of avoiding this danger, when some of our fishermen lose their lives.

There is no further comment I can make. I mention to the House that this article by Mr. Kiely gives a well-researched picture of one of Her Majesty's nuclear-powered submarines:

HMS Courageous is conventionally armed with homing torpedoes and can be used against submarines or surface vessels ... capable of continuous patrols at high underwater speed, is independent of base support and can circumnavigate the globe without surfacing. She is 285 feet long, has a beam of 33 feet, displaces 3,000 tonnes and carries a complement of 95.

That is the kind of vessel that the little trawler man has to contend with and at present he has no equipment to deal with it and is almost at the mercy of a confession before he can get any remedy if he loses gear or his boat as did the skipper of the Sharelga.

Let me add a few words in support of the case so ably made by Deputy Wilson and again bring home to the Minister the anxiety, fears and worries of fishermen at present. They are so alarmed about the possibility of incidents in that area that Deputy Wilson spoke about that they are now curtailing seriously their fishing activities. Can the Minister tell me if under the International Law of the Sea Conference which was concluded some time ago the Government now have the authority to introduce legislation here or if under the International Law of the Sea Convention authority can be got by the Government here and by the Department to introduce legislation which will have an international bearing on this situation? Is any consideration being given to that aspect of the issue, apart altogether from the attitude that may well be adopted by the Minister for Foreign Affairs in his attempts to get some satisfactory solution to this problem?

I want to highlight the anxiety and fears of fishermen at present that there may well be further incidents of this nature particularly at this busy time in this location in the fishing grounds. I would like him to tell me whether it is possible within the International Law of the Sea Conference agreement to introduce legislation which will curtail this type of activity.

The Minister wishes to apologise for his inability to be here at this time. I have listened with great interest to what Deputy Wilson had to say about submarines generally operating in the Irish Sea and the circumstances of the alleged incident involving the fishing vessel Oriel that took place in the early hours of 8 March last. The Deputy has very graphically illustrated both the incident itself and the anxiety and fears of the fishermen, and also the various difficulties of doing anything very meaningful surrounding the situation.

However, I should put on record that the Minister himself is extremely concerned for the safety of life and property at sea. The brief of the Minister for Communications covers the Merchant Shipping Acts and the implementation in this country of the various international conventions which cover standards of safety at sea. In pursuance of that aspect only last October the Minister made a total of 21 statutory instruments to give effect to the major International Maritime Organisation Convention on safety of life at sea known as the 1974 SOLAS convention. I would like the Deputy to know that almost immediately on becoming aware of the incident involving the Oriel on 8 March last the Minister exercised the powers available under section 465 under the Merchant Shipping Act, 1894, and appointed a nautical surveyor in the Marine Survey Office of the Department to conduct a preliminary inquiry into the casualty and to report to him. This inquiry is taking place at the moment and I am afraid that I am not in a position at present to provide the House with any new information relating to the incident. It is expected that the inquiry will be completed by mid-April.

My comments following this must become more general. There has been widespread media comment in recent weeks about alleged submarine activity in the Irish Sea and the danger posed to fishing vessels and shipping generally thereby. As I said earlier, I appreciate the expression by Deputy Wilson and Deputy Daly of the anxiety of the fishermen at this. In this case I used the word "alleged" deliberately because to date only one of the reported incidents involving fishing vessels in the Irish Sea has been proven to have been caused by a submarine. This was, of course, the sinking of the Sharelga in April 1982 by a British submarine. I must state in relation to submarines that they are not comprehended by the merchant shipping legislation, neither does the 1974 Safety of Life at Sea Convention, to which I have referred, extend to cover warships. The International Collision Regulations which the Government recently amended on the Minister's recommendation also exclude submarines from their scope. It is right to point out in dealing with the Oriel case also that it was in international waters about 22 miles off Clogher Head at that time.

Seacraft, whether they be submarines, war ships, merchant vessels or fighting vessels, are, of course, entitled to pass through the high seas, that is the seas outside our territorial waters, though obviously all craft, above or below water, must behave with due regard to the safety of other vessels. This right of innocent passage on the high seas is long recognised in international law and is enjoyed by ships of this country as well as those of all other countries. No powers are available to the Minister under which he can set up an inquiry into the presence of submarines in the Irish Sea, and, in any event, it is unlikely that any useful purpose would be served by such an inquiry as is shown by the difficulties Deputy Wilson outlined. Neither is the Minister in a position to establish the countries of origin of submarines in the Irish Sea at any time.

I do not wish to sound negative. I am merely pointing out, as Deputy Wilson did, the parameters within which the Minister can operate and the very obvious limits of his powers and those of the Government to regulate the activity of foreign submarines in international waters. The House may be assured that if, as a result of the investigation being conducted by the staff of the Department at present or on the coming to light of other evidence, it becomes clear that submarine activity is now becoming a serious threat to Irish fishing vessels, or to fishing vessels generally, the Government as a whole will consider the appropriate response.

I was very interested in the suggestion made by Deputy Wilson which he made earlier also during the debate on the Estimate for the Department of Communications, about some sort of international convention covering a code of behaviour, if such were possible, for submarines. I am not sure about the necessary machinery to enable this to be done, having regard to the naval involvement, but I share the Deputy's concern. While it is a very vague statement to make, if anything could be done in this area, it would be as well to have a look to see what might be done. We are operating in a very grey area, as pointed out by all Deputies contributing to this debate. There are limitations and very strict parameters to our scope of activity. As I say, an inquiry is now going ahead under a nautical surveyor in the Marine Survey Office. They have considerable experience and have proved their value, if not in this type of inquiry, in inquiries generally in the past. It is expected that the inquiry will be completed by mid-April. With this type of inquiry, there is a report only to the Minister, as far as my knowledge or recollection serves me. I am sure that the Deputy will explore the possibilities of gaining further knowledge on that point. I feel that it is limited to reporting only to the Minister.

Has the Minister a discretion to report to the House?

The Minister can then, if required, order another type of formal inquiry, in which case the findings of that inquiry could be made available to the House.

I shall allow one short question.

I have a short question. I would refer to Article 20 of the Convention of the Law of the Sea and ask the Minister if it is not a fact that under that article submarines and other underwater vessels while in territorial waters should navigate on the surface and show their flag? If the Minister does not have that information in his brief, could he investigate and report back to us?

If within territorial waters, yes. However, this vessel was 22 miles off Clogher Head, not within territorial waters. It was on the high seas, internationally.

They were reported to have been inside territorial waters.

In this case, they were not within territorial waters.

What would the Minister plan to do if they were within territorial waters? Can the Minister do anything in that regard either?

Once the vessels are in international waters, no individual or particular State can take any action.

There have been accusations that they have been within territorial waters. Does the Minister propose to do anything in that regard?

That is a matter which I shall have looked into. I have no instructions.

The Dáil adjourned at 5.30 p.m. until 2.30 p.m. on Tuesday, 3 April 1984.

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