I have had some six Private Notice Questions addressed to me appertaining to the m. v. Kilkenny casualty. I will call the Deputies in the order in which they submitted their questions to my office.
Private Notice Questions. - Dublin Bay Casualty.
asked the Minister for the Marine the steps which are being taken to (1) recover, from Dublin Bay, bags of potentially dangerous butanoic acid from the m. v. Kilkenny and (2) alert the public as to the danger; if he will give the number of such bags which have still to be accounted for; if any investigation is being carried out into the way this material was not listed on the cargo list; if any other such chemicals or similar substances were omitted from the cargo list; and if he will make a statement on the matter.
asked the Minister for the Marine whether the discovery that the contents of one of the containers from the m.v. Kilkenny, which was washed up on Dollymount beach, contained an acid, which was not declared in the ship's manifest, exposes a fatal flaw in the current safety precautions in Dublin Port; and if he will make a statement on the matter.
asked the Minister for the Marine the steps he proposes to take to immediately remove the 95 loose containers in Dublin Bay from the ship m.v. Kilkenny; if he will establish, in conjunction with the B & I Line and the relevant shipping agents, the exact content of these containers; when it is proposed to salvage the vessel from the entrance to Dublin Port; and if he will make a statement on (1) all aspects of the current rescue work and (2) environmental control measures currently being undertaken.
asked the Minister for the Marine if he will outline the action he proposes taking concerning the discovery of the incorrect manifest of the m. v. Kilkenny.
asked the Minister for the Marine if, in the light of the misinformation of the manifest of the cargo ship m.v. Kilkenny which was in a collision last Thursday in Dublin Bay, he will outline the steps he is taking to protect the public interest.
asked the Minister for the Marine if his attention has been drawn to the fact that a consignment of corrosive substance en route to this country was labelled "furniture" on the manifest of the m.v. Kilkenny which sank in Dublin Bay; if he is satisfied that all of the consignment was or will be recovered from the sea; if he will ensure that all future transport of goods to or from this country will be correctly labelled; if he is confident that public safety or the environment is in no way endangered by this incident; and if he will make a statement on the matter.
I propose to answer the questions from Deputies Gilmore, Bruton, Yates, Garland, O'Sullivan and Durkan together.
From day one the Department had the following four connected operations in progress with regard to this casualty. These four operations are common objectives shared with the other two principals, namely, B & I Line and Dublin Port Authority.
(a) Search and Rescue
(b) Safety of Navigation
(c) Security of the Vessel — stabilisation of the declared hazardous cargo on board — removal of the oil on board and removal of the wreck
(d) Investigation of the casualty.
To date 50 containers are accounted for. The B & I have been advised of the need for a side scan sonar search and identification of containers on the sea bed. Three areas have been identified in order of priority. They are:
Primary Area 1 from the Bailey Lighthouse South then East to Dalkey Island.
Primary Area 2 from the Bailey Lighthouse East then North to Lambay Island then West to Portrane.
Primary Area 3 outside Areas 1 and 2 from Kish Lighthouse.
The sonar search will identify anything foreign to the undersea environment.
Second, the Department have requested B & I to carry out a communication sweep of the shipper-consignee requesting full declaration of the contents of the containers. The Dublin Port Authority are also carrying out a similar check. This activity commenced immediately after the accident.
Third, planning of the salvage operation commenced on Friday last. No salvage contract has been awarded to date. The B & I Line are awaiting quotes from other salvage companies. The salvage operation could take 20 to 25 working days. B & I placed a contract with a salvage group of companies on Saturday last to carry out a reliable verifiable survey of the wreck which is the first step in any salvage operation. This survey is in progress.
We are very conscious of the seaman still missing and have impressed on all salvors the need for vigilance and sensitivity.
Fourth, the area of search is now concentrated at the wreck and on the adjoining beaches and islands. The Coast and Cliff Rescue Service is carrying our beach searches from Skerries, Dún Laoghaire and Greystones. The RNLI lifeboats from Dún Laoghaire and Howth have been requested when launched to check the offshore islands and adjoining seas. The Air Corps have been requested to search when they are in the casualty area. Passing ships are warned about the containers and are asked to keep a sharp lookout. Garda sub-aqua teams have almost completed the search of the accommodation of the vessel but due to a combination of bad weather, bad visibility and the status of containers sunk alongside the wreck they have not been able to complete the operation.
Fifth, the B & I Line have been requested by my Department as a priority to remove the reported 80 tonnes of diesel oil and 15 tonnes of other oils from the wreck as soon as possible thereby preventing, mitigating and eliminating the effects of any further oil pollution. The vessel and surrounding waters have been inspected by the Irish Marine Emergency Service from the air and at sea and only a very slight oil sheen has been noted around the wreck. The latest inspection was at 11.30 a.m. today, 26 November. The B & I Line are awaiting confirmation of an oil removal contract which they hope to place this afternoon.
On Friday morning, 22 November 1991, Capt. Liam Kirwan, Director of Slanu — the Irish Marine Emergency Service of my Department issued a warning notice about the containers being washed ashore. He strongly advised the general public not to go near any containers washed ashore and requested them to immediately notify local gardaí or the fire brigade services should any of the containers be sighted. This warning was repeated yesterday by the information officer of my Department. In fact, I issued a warning in the Dáil on Friday last. A notice to mariners about dangerous and hazardous containers has been issued and a warning broadcast by coast radio stations. The carriage of dangerous goods by sea is governed by the International Maritime Dangerous Goods (IMDG) Code. This is an international guide prepared by the International Maritime Organisation (IMO) for use as the basis for national legislation in pursuance of obligations under Chapter VII of the Safety of Life at Sea (SOLAS) Convention. Ireland implemented the provisions of SOLAS relating to the carriage of dangerous goods by the Merchant Shipping (Dangerous Goods) Rules, 1983. These rules forbid the taking on board for carriage in that ship unless the shipper or the goods has furnished the shipowner or master with a dangerous goods declaration. Such declaration shall indicate with the correct technical name, the identity of the goods and the United Nations number. The Rules furthermore require the master of a ship carrying a specific list, manifest or stowage plan to be carried in the ship, setting forth in accordance with the information provided by the skipper, details of the dangerous goods carried in the ship.
The chemical found on the shore has not yet been positively identified. All the chemicals found yesterday were collected and destroyed before a detailed analysis could be made. It is thought that the chemical may be oxobutanoic acid methyl ester, a relatively harmless chemical, which was notified to B & I and listed on a bill of lading. A shipping agent has identified that chemical as having been on board. Some more bags were found today and a sample is being forwarded to the consignee for positive identification. The container in which the bags of chemicals were carried has not been identified.
As far as the cause of the accident is concerned, I have established a preliminary inquiry under the Merchant Shipping Acts into the accident. In order to prevent any possible recurrence my Department instructed Dublin Port and Docks Board on Saturday to ensure that only one vessel at a time was permitted within one kilometer either side of the number three and four buoy until the conclusions of the report were available.
I will hear a brief supplementary question from the six Deputies involved.
Was the chemical which was found yesterday listed or not on the ship's manifest? Second, what steps has the Minister taken to have the other substances, and possible chemicals in the other 70 containers, which are unaccounted for, identified? Were any other substances placed by the shipping agent who is responsible for the butanoic acid?
First, as I said in my reply, the consignee has been checked and there has been an indication that butanoic acid was consigned to him. I want to tell the House that butanoic acid is not regarded by either the European Community or by my Department as a hazardous chemical. In fact when I checked it out today with scientists from my Department, they indicated that a considerable percentage of it is found in rancid butter, and also — and I do not want to be facetious about this — in smelly socks. That is the kind of acid it is.
The second point, with regard to the other chemicals, the House knows that the most dangerous one was identified at about 2 o'clock on Saturday morning in my presence. The Asahi inspector went out to the m.v. Kilkenny and identified that it was safely lashed on the ship. Since then it has been removed. Two containers carrying the most serious chemicals have been removed.
Is the Minister satisfied that five days after the accident we have discovered that a toxic item was misrepresented to both Dublin port authorities and B & I? Does he agree that there can be no proper accident response in an emergency if the authorities conducting that accident response do not know of the hazards involved? Surely that completely undermines any confidence that the public in Dublin can have that the Minister's Department are properly policing a system of emergency response to such accidents when they occur.
I assure the House, and through the House the people for whom Deputy Bruton has shown concern, that my Department are in full possession of the means to deal with accidents such as this. Of course, if something is consigned as furniture neither my Department, Dublin port authorities nor B & I can know that in that container there is a chemical such as butanoic.
That would be little reassurance if there was a huge accident as a result of such misinformation.
Order. I call on Deputy Yates.
Was the Minister satisfied with the speed and co-ordination of the rescue services last Thursday night and Friday morning? Will he confirm that the two helicopters to go to the rescue scene originated from Shannon and an RAF base? If that is so, why was there no helicopter cover from Baldonnell? What steps will the Minister take in future to ensure the provision of such immediacy of cover in the context of saving life, which, I understand, would take place within five minutes? Will he confirm that it took 20 minutes to alert the Dún Laoghaire Lifeboat? In view of the statements in relation to the co-ordination of the rescue services, will the Minister carry out a full review of the services so that there will not be a repeat?
I was particularly proud of the rescue services, which — and this is important in the context of the House and the country — saved 11 of the crew of the m. v. Kilkenny within 20 minutes. That was a major achievement in a very short time. Admittedly, the weather was good and the light was reasonably good, but the fact is that 11 people were saved, although, unfortunately, two bodies were recovered after and, even more unfortunate, there is still one sailor missing. I gather that the sailor who is missing was so concerned about the lives and safety of others that he went around the ship knocking up the crew to tell them that there was danger.
The Minister should answer the question.
Order. I call on Deputy Gerry O'Sullivan.
The Minister did not answer any of the questions I asked. Why was there no helicopter from Baldonnel?
It could have been there in five minutes but helicopters were sent from the RAF.
Order. Deputy Gerry O'Sullivan has been called for a brief supplementary question.
(Interruptions.)
Disgraceful.
A Cheann Comhairle, at least I am entitled to a reply.
Order. I call on Deputy Gerry O'Sullivan.
Disgraceful.
The Minister did not even advert to my supplementary questions.
Deputy Yates, please resume your seat. Deputy Gerry O'Sullivan has been called and will be heard.
He is avoiding it.
I am not avoiding it.
Then answer the question.
There is no need to engender heat or disorder.
I will obey the Chair and I will answer all questions.
Where were the Progressive Democrats?
I call on Deputy Gerry O'Sullivan for a brief supplementary question.
Is the Minister happy with a system whereby cargo can enter this country, it appears, under falsified documentation? Is he happy with a system whereby other substances such as drugs could be imported under the same system? In the event that falsified information is proved, will prosecutions be taken?
The Deputy has raised very important questions and I assure him that my Department will take whatever action is available to ensure that proper information is given in the ships manifest on each occasion.
Deputy Bernard Durkan for a final supplementary question.
Is the Minister satisfied that the air/sea rescue services can respond within a reasonable time to a distress call at any location off our coast? Is the Minister aware of concern expressed about the number of collisions at sea in recent years? What were the factors contributing to those collisions, from the information available? For example, could they relate to a reduction in staff on cargo ferries?
I am absolutely satisfied with the very careful structures we have made during this year to deal in emergency style with anything that may happen. I am absolutely positive and delighted about that. The basic answer to the question of what was brought there on a rescue mission, and helicopters attended, is that 11 people were saved within 20 minutes.
That disposes of questions for today.
What about the question asked by Deputy Yates?
I asked a very specific question in relation to where helicopters originated from.
That disposes of questions for today. I wish to advise the House——
I asked a very reasonable and serious question in relation to where the helicopters originated from.
No, Deputy, you may not interrogate the Chair in this fashion.
I am not harrassing the Chair. Why has the Minister avoided the question?
Deputy Yates you will resume your seat. You may not harrass the Chair in this fashion.
Why was the Deputy lying in his bed while the——
Within five minutes——
The Deputy will resume his seat.
(Interruptions.)
——rescue services were, without sleep, working 24 hours a day. He should be ashamed of himself.
I had a constituent who died in this accident.
Deputy Yates, order.
(Interruptions.)
Deputy Spring, I want to proceed with information for the House in respect of the Adjournment debate.
I am sorry, Sir, but you have to take cognisance of the fact that this is a particularly important question. The Minister took——
The Chair has dealt with that question adequately.
A Deputy who asked a question has not been allowed to put a supplementary question, and I can honestly say, Sir——
Who was that Deputy?
Deputy Garland.
Deputy Garland was allowed a supplementary question.
He was not. He has not as yet asked a question.
On research, a Cheann Comhairle, you will find you did not take my supplementary question.
I am sorry, Deputy, if I did not. You were entitled to put a question.
Thank you. I should like to put two brief supplementary questions to the Minister. First, will he agree that it is urgently necessary to amend section 86 (2) of the Harbours Act, 1946, to increase the maximum penalty of £10 for the carrying of non-declared toxic materials? I am surprised the Minister did not comment on a similar, less dangerous incident that occurred on 29 September when there was a leak from a container in Dublin bay. Only seven weeks ago that incident involved a leak of lithium alluminium hydrate. Within seven weeks two major incidents occurred.
The Minister will reply.
In relation to the question about fines raised by the Deputy, I wish to point out that although the quotation from the Act is correct, it is not the only way of dealing with such an incident under international law.
On a point of order——
Deputy Bruton, is this fair to the Chair?
I intend to be constructive.
We shall see.
A number of questions were put——
Please, Deputy. Are you challenging the Chair's ruling in the matter?
The Chair should permit the Deputy to finish.
No, I am not seeking to challenge your ruling. It is not in anybody's interest on this side of the House to be at cross-purposes with you, Sir. A number of questions were put
I want to say to Deputies that questions appertaining to the six questions I allowed are over. We are going on now to other business.
On a point of order. A number of questions were put to the Minister, including three or four by Deputy Yates, and the Minister perhaps inadvertently, replied only to one. It would be helpful to an understanding of this matter if the Minister was allowed to reply to the question posed by Deputy Yates about the helicopters.
I am not going back on the matter.