Vol. 420 No. 1
1 Mr. Yates asked the Minister for the Marine if he will clarify who will pay the salvage cost of the operation for the mv Kilkenny; and whether there has been any changes in the traffic regulations in Dublin Bay since the accident.
19 Mr. Gregory asked the Minister for the Marine whether the findings of the investigation into the causes of a collision, involving two ships in Dublin Bay three years ago, have been made available to the Dublin Port Harbour Masters; and if he will make a statement on the matter.
I propose to take Priority Question No. 1 and Question No. 19 together.
The internal Department of the Marine report of the preliminary inquiry under the Merchant Shipping Act, 1894, into the collision of the m.v. Sumburgh Head and m.v. Tipperary was not released as the policy at the time was for such reports to remain confidential to the Minister. The reasons for the policy of non-disclosure were briefly as follows: the view was taken that if such findings were published witnesses might be less than willing to be frank with the Department of the Marine surveyor especially in cases where victims may have died, due, for example, to carelessness or negligence.
The purpose of a marine casualty report by the Department of the Marine was to review safety procedures and to establish quickly the cause of the accident. Very often, however, disclosure of a report was sought as a basis for litigation or as a means of apportioning blame. The reports were never intended for such use and more appropriate fora exist in which to pursue such issues. As the casualty reports were compiled without legal representation of interested parties by people without legal training and since those held responsible in a report would have no right of reply, publication could lead to legal problems. The legal advice was that there was no statutory requirement to publish reports and there were a number of legal precedents which indicated that the disclosure of casualty reports was not required.
Based on the findings of the internal Department of the Marine report into the m.v. Sumburgh Head and m.v. Tipperary collision in 1988 and following consultations between my Department and the Dublin Port and Docks Board, a number of improvements were made to prevent a recurrence. These included improvement of training for staff in the port radio station, fitting of a new radar system by the Dublin Port and Docks Board, improved traffic arrangements introduced by the board between buoys 3 and 4, and installation of a recording device to tape radio traffic. Subsequently, a traffic system for chemical tankers was introduced in July 1991.
In relation to the more recent collision between the m.v. Kilkenny and m.v. Hasselwerder in Dublin Bay, I indicated to the House during my contribution on Committee Stage of the Merchant Shipping Bill, 1991, that I hoped, subject to legal considerations, to be in a position to publish a report of the Department of the Marine inquiry into that incident when any legal processes have been completed. I would like to inform the House that the general policy of non-disclosure of marine casualty reports has been critically reviewed and that in future a report of the investigation into marine accidents will be released and made available to the public. This is being done in an effort to allay public concern, reflected by Deputies on all sides of the House, for greater disclosure in the interest of maritime safety.
I would like to make it clear that this new policy will apply to the m.v. Kilkenny and m.v. Hasselswerder collision in November last and to all subsequent marine accident investigations conducted by my Department. However, as earlier investigations were conducted under different circumstances with certain guarantees of confidentiality being given, the new policy will not have retrospective effect.
Pending release of the m.v. Kilkenny and m.v. Hasselwerder report, my Department have written to Dublin Port and Docks Board on a number of occasions directing that certain remedial action be taken. This would involve strengthening the traffic regulations. In addition, a number of meetings were held and others are planned to discuss such remedial action with the port officials and it is hoped that progress can be made even in advance of publication of my Department's report.
The cost of wreck removal of the m.v. Kilkenny falls to be paid by the insurers of the vessel.
I should say that I attach the utmost gravity to this matter. This accident occurred in November and there is still no information some months later on what exactly happened. There were two vessels in the one lane. We were told that this could not happen under the traffic control regulations. I cannot understand how culpability, responsibility and liability, in terms of the cost of the salvage, has not been apportioned. Will the Minister say who will ultimately pay for the cost of the salvage and take responsibility for the accident?
The insurers are due to pay the cost of the wreck removal of the m.v. Kilkenny.
The insurers of each boat or one insurer?
It falls to be paid by the insurers of the vessel, m.v. Kilkenny. I do not know how this will be apportioned as that is a separate matter. The collision between the m.v. Hasselwerder and the m.v. Kilkenny resulted, as Deputies are aware, in the death of three crew members. Preliminary findings indicated that the matter required further investigation by the Garda Síochána and all papers were sent to the Garda Commissioner. A senior Garda officer was assigned to lead the investigation. I understand that the Garda file has now been forwarded to the Office of the Director of Public Prosecutions for consideration.
I acknowledge what the Minister has said, but I still feel that there is a conspiracy of silence on this matter. Given that both ships, the m.v. Hasselwerder and the m.v. Kilkenny were insured, would the Miniser clarify which insurance company is paying the bills as this would give us some idea of who was responsible?
I have answered that question already. The cost of wreck removal of the m.v. Kilkenny falls to be paid by the insurers of the vessel. In relation to what will happen subsequently, this all depends on the outcome of their and of all the other investigations under way. I can assure the Deputy that there is no conspiracy of silence. I understand the Garda file in relation to the tragic deaths of the three crew members has been forwarded to the Office of the Director of Public Prosecutions and the Deputy will have to wait the outcome of his consideration.
