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Dáil Éireann díospóireacht -
Wednesday, 28 Oct 1992

Vol. 424 No. 5

Adjournment Debate. - Tourism, Transport and Communications and Marine Matters.

The House will now hear two minute statements on matter appropriate to the Minister for Tourism, Transport and Communications and to the Minister for the Marine. I propose to call on the Deputies I have selected in the following order: Deputy Ted Nealon in respect of a matter to the Minister for Tourism, Transport and Communications and Deputy Paddy Sheehan, Deputy Dinny McGinley and Deputy Austin Deasy in respect of matters to the Minister for the Marine. Each Deputy is entitled to two minutes in respect of each matter and each of the statements will be followed immediately by a two minute reply by the appropriate Minister or Minister of State. I now call on Deputy Ted Nealon to make his two minute statement.

One of the headlines in The Sligo Champion last week read “Sligo train service under attack again”. Sadly there is nothing unusual about criticism of the Sligo-Dublin rail service, but what is unusual this time is the origin of the criticism. This time the criticism which is quite rough, was not made by the Sligo Chamber of Commerce, Sligo Corporation or me but was made by a man who lives in Los Angeles. This man has visited Ireland twice in recent times, twice he has used the Dublin-Sligo rail service and twice he has come a cropper. The first time the train did not arrive and he had to finish his journey by bus. On 8 August everything was OK until the train was five miles on the Sligo side of Mullingar when an engine gave up.

Are you right there Michael?

The train was stopped first for ten minutes, then 20 minutes and eventually limped into Dublin almost one hour late. That was the experience of a man called Peter J. Gillan who lives in Washington Place, L.A. One wonders how many other people with similar experience have never written to a newspaper. How much damage has the condition of the Sligo-Dublin line done to the north-west, to tourism and business in particular, apart from the convenience of the people of the north-west area who are entitled to a decent rail service, just as good as they have in Cork.

It is not the fault of Irish Rail. The trouble is with the track, the signalling system and the rolling stock. They are so bad that speeds have to be reduced to 40 miles an hour or less. That is no way to run a railway. This year some improvements have been made. Some £2 million was spent on continuous welded rail. That is enough to do seven miles. At that rate it would take 20 years to complete the job. Needless to say, the people of Sligo, Leitrim, Roscommon and the north-west will not wait that long. We are seeking greatly increased investment in track renewal in 1993 and inclusion of the railways in the next tranche of Structural Funds, with priority given where it belongs to the Sligo-Dublin line, and a definite timetable for when the track, signalling system and rolling stock will be brought up to a decent modern standard. The people in the north-west are calling “time” on the second class rail service on offer. I have to admit, in fairness to Irish Rail, that they very successfully brought the Sam Maguire Cup from Dublin to Sligo on its way to Donegal.

Before dealing with the specific question of the Sligo line I should say that Exchequer support for the mainline rail network as a whole has been very significant over the years. Total direct support for the railways amounted to over £940 million between 1980 and 1991. In addition capital investment of almost £230 million was made by CIE in the network over the same period. In the current year the Exchequer financial support to CIE amounts to over £108 million, of which £90 million is being allocated to Iarnród Éireann. Of the £90 million which will be received by the railway £45 million will go towards the maintenance and upkeep of the infrastructure, that is, the trackwork, signalling, stations, bridges etc. — the physical basis on which railway services are operated. The other £45 million will go towards the operation of socially necessary services which do not operate on a commercial basis and to make interest and other exceptional payments, including £10 million in respect of the loans taken out to finance the development of the DART system. Apart from the DART interest, the deployment of the Exchequer support is a matter entirely for CIE and Iarnród Éireann themselves.

The public capital programme for 1992 provides for capital expenditure of £17.8 million by Iarnród Éireann on investment in rolling stock, signalling equipment and other essential rail related infrastructure. The allocation of these resources to specific programmes and projects is a matter for Iarnród Éireann. When viewed against the severe financial constraints on the Exchequer in recent years the level of State support which has been and continues to be provided to the railway is clear and incontrovertible evidence of the Government's commitment to the railway network.

The Minister and I are aware of the concern of the people of the west of Ireland about the railway network. The Minister met a delegation from Sligo Borough Council earlier this year and heard at first hand their concerns about the future of the Dublin-Sligo line. The deputation also had a detailed discussion with senior officials of the Department on the matter. In the course of these discussions the deputation was reassured that there were no proposals to close or downgrade the line. At that time there was a particular concern about the postponement by Iarnród Éireann of some track renewal work on the line during last year which led to the introduction of some speed restrictions on parts of the line between Mullingar and Sligo. I am pleased to say that that particular difficulty has been overcome and track renewal and maintenance work involving expenditure of over £2 million has been spent on the line this year. Some of the speed restrictions have been removed and I have been informed that Iarnród Éireann hope to have the remaining restrictions on the line removed as soon as possible. These improvements will be reflected in the 1993 timetable for services on the line.

More generally, the Deputy will be aware that Sligo station has been upgraded as part of Iarnród Éireann's Transtrack freight re-organisation and it now caters for groupage and sundry freight traffic for the north-west region. Plans are already well advanced for the replacement and upgrading, with financial assistance from the European Community, of the rail freight gantry crane at Sligo station. The new gantry crane will be capable of lifting larger containers and of more efficient operation generally, expediting the movement of heavy cargo through the station. These improvements to services at the station are evidence of Iarnród Éireann's commitment to the Dublin-Sligo line.

As the Deputy will be aware, my Department, in conjunction with CIE and the Department of Finance, are currently conducting a major strategic review of the mainline rail network. Consultants have been engaged by my Department to assist in this work and it is expected that they will be submitting their report shortly. The study will address all the major issues, including the options for the future of the railway network and the costs, investment requirement and funding possibilities in relation to these options.

On the basis of this review the Minister will be bringing proposals before the Government for a major investment programme for the national railway network for which she will be seeking significant EC assistance under the next tranche of Structural Funds and the proposed Cohesion Fund.

Thank you for the opportunity to raise an important matter with the Minister of the Marine. I refer to the necessity for his Department to grant category A status to Roaring Water Bay in south-west Cork. Over 700 tonnes of mussels were exported to the French retail market at a total value of over £500,000 during the past 12 months. It is vitally important to the industry in the bay that the waters there be classified as category A status. Over 50 people are employed in this development and any EC directive that would impinge on it would sound the death knell of this expanding industry. The quality of the water in the bay is outstanding. It is of vital importance for the Department to issue a favourable decision as soon as possible if the energetic work force is to be maintained in a jobs starved area.

I urge the Minister to accede to the request of the Roaring Water Bay Fish Farm association for the construction of a breakwater cum pier and an area for the training of mussels for the export market. This is a very important facet of mussel production. A training area is important if the industry is to survive. Plans have already been submitted to the Department and the project has been given priority. Work has begun on the taking of levels and so on.

I would ask the Minister to give a commitment that the meagre grant of only £250,000 will be made available because it will mean so much to the development of Roaring Water Bay. I ask the Minister to give the green light.

Deputy Sheehan added several items to the original matter.

I expect that all areas, including Roaring Water Bay, will be fully classified by the end of November and that my Department will be in a position to issue classifications for all such areas during December. I think it would be helpful to explain the background to the classification of areas for mariculture development.

A new EC Directive laying down the health conditions for the production and placing on the market of live bivalve molluscs is due to come into effect on 1 January 1993. My Department have been actively preparing for the introduction of the new standards for some time and I am confident that we will be ready to comply with the parameters set down in the Directives.

The term "live bivalve molluscs" refers to certain filter feeding shellfish, which in Irish waters mainly cover mussels, scallops, native and Japanese oysters and clams. In order to be fit for direct human consumption the live bivalve molluscs must fall into what is commonly known as category A. Under this category the product must contain less than or equal to three faecal coliforms per gram of mollusc flesh. This is quite a high standard and not all areas will fall into that category.

There are two other categories known as B and C. Shellfish in category B may not exceed 60 faecal coliforms per gram of flesh. These bivalve molluscs may be collected but may only be placed on the market for human consumption after treatment in an approved depuration centre or after relaying in clean waters for a suitable period of time.

Finally, bivalve molluscs in category C may not exceed 600 faecal coliforms per gram of flesh. These may be collected but placed on the market only after relaying over a long period of a least two months, which may also include intensive purification, for a period yet to get laid down by the Community's veterinary experts.

The processes required for purification of bivalve molluscs coming from areas that fall into categories B and C will be necessary until the products from these areas reach the standard set for category A. By 1 January next my Department must provide to those producers affected, lists classifying into categories A, B and C production and relaying areas from which live bivalve molluscs may be taken.

I will bear in mind the questions raised about construction work etc. I agree with the Deputy that the area is a very important one.

Thank you for allowing me to raise this matter and, indeed, the Minister for the Marine for his presence in the House.

The drop in the value of sterling is having disastrous repercussions on the Irish fishing industry and at present there are hundreds of jobs in imminent danger of collapsing and vanishing.

The problem is twofold: first, a high and significant percentage of our fish catch is being sold into the United Kingdom and due to the drop in the value of sterling we are getting between 15 per cent and 20 per cent less for our product than we were a few weeks ago. This is particularly true of the white fish sector and that part of the industry is in a deep and serious crisis.

Second any fish product that is common to Ireland and the UK such as shellfish, crabs and prawns is also in severe difficulty. We are competing with the United Kingdom in a common European market in France, Spain, Portugal and Germany. The United Kingdom have passed on their devaluation to their continental customers and we are unable to compete due to the high value of our punt.

Again the situation is critical in the mackerel and herring area. Our main competitor again is Scotland and with the benefit of their devaluation being passed on to our common and shared customers we are being severely undercut. The terrifying result of this is that hundreds of jobs are in jeopardy and urgent action is immediately required if we are to avoid the total collapse of our fishing industry.

Immediate steps must be taken by the Minister and the Government to safeguard an industry that is totally based on one of our most valuable natural resources. I would suggest that the market development fund should immediately be extended to the industry. It is not sufficient to just extend it to the exporters as the fleet and the operators are also in danger of collapsing. An urgent relief rescue package for the industry is immediately required to protect our fishermen and those engaged in the Irish fishing industry.

The Government responded immediately to the difficulties being faced by Irish firms on account of the unprecedented sterling currency situation. On 6 October the Government set up a market development fund. Up to £50 million has been made available to assist Irish firms and enable them to maintain employment. This fund is administered by a management board on which I am represented by a senior official of my Department. A full time management team has been specially drawn together from An Bord Tráchtála, IDA, FAS and the Civil Service on the basis of their expertise and knowledge of the sectors affected.

Over the next few days applicants who meet the criteria for grant aid will be told the level of grant support which they can expect. I have set up a helpline to assist those involved in fishing, fish processing and fish exporting. This week some 20 firms are being assisted in contacting buyers and demonstrating their products at the SIAL Food Fair in Paris. This is a major international showcase and allows our fish and shellfish exporters to tap into the major European markets. Fish exporters are also being supported by in store promotions in retail chains in the UK and France. The Government have also specifically set aside £1 million for accessing and identifying new markets.

On 8 October I moved a Supplementary Estimate here in the House for £100,000 to add to the £50,000 already secured for the fishing sector. This fund of £150,000 will be administered through An Bord Iascaigh Mhara. I have directed my Department and BIM to extend any assistance they can to those who are affected by the currency movements. This is in addition to the general service set up to deal with applications to the market development fund.

In addition to the work undertaken by the Government centrally, I have also set up a helpline to ensure that there is continuous contact with the individuals in the industry. We first dealt with the associations representing the industry and then set up direct contact with the individuals to ensure that any assistance that was available would be given to them and also that any difficulties they were having would be reflected immediately.

Like Deputy McGinley, I would like to thank the Minister for being present in the House. All too often Cabinet Ministers do not attend for adjournment debates or grievance time discussions. We appreciate his presence.

The question I want to raise is about the ramming of a Helvick trawler the Ainnir Ordha at dawn on 31 March 1991 by a Spanish trawler by the name of The Nuevo Ebenezer. This ramming took place 40 miles south of Baltimore in west Cork. As a result £40,000 worth of damage was caused to the trawler and the boat was laid up for a month afterwards.

In regard to the ramming, it was a ramming, not an accident. The previous day the Spanish trawler had warned the Helvick boat to get out of the area as it was interfering with its fishing operations and those of its sister ship, another Spanish boat. The ramming took place in sinister circumstances in that a second Spanish boat positioned itself in such a way that the Helvick trawler was unable to evade the ramming procedure.

The Helvick boat sent out a distress signal and, as the Nuevo Ebenezer was coming around to ram it a second time, to finish it off and sink it, the distress call it had put out was answered by the Killybegs trawler the Veronica. Were it not for the response from the Veronica, which was heading towards the vicinity of the incident, I have no doubt but that the Helvick boat would have been rammed a second time and sunk. Whether or not there would have been fatalities is a matter of conjecture.

I would like to know what procedures the Government have put in place to apprehend and prosecute the Spanish skipper and boat owners in question. It was a deliberate act of piracy. It was a criminal act and the people responsible will have to be made accountable for their actions. Has the Spanish Ambassador been called in by the Government? Was the boat apprehended by the Irish Naval Service afterwards? Were the crew questioned? Have the Spanish Government made any offer of damages? Have they prosecuted the individuals concerned? How is the skipper of the boat going to be compensated? Have the Government, through the Department of the Marine or the Department of Foreign Affairs, made any approaches to the Spaniards? If not, are they going to do so? The events are irrefutable and the crew of the Helvick boat were lucky to escape with their lives. This type of incident is all too prevalent and it does not always end in ramming but rather wholesale intimidation. I ask the Minister to take a stand and to see to it that the people responsible are brought to book.

The incident to which the Deputy refers involved a collision between the Irish trawler Ainnir Ordha and a Spanish registered fishing vessel, the Nuevo Ebenezer on 31 March 1991. As was explained to this House shortly after the incident, the appropriate form of redress in cases of collisions involving an Irish and a foreign vessel outside territorial waters is by way of civil action. I understand that proceedings under civil law have been initiated by the owner of the Ainnir Ordha. I have noted what the Deputy said about the alleged ramming in this case.

The incident was investigated by the Navy and by a marine surveyor of my Department. The question of alleged ramming incidents involving Irish and Spanish fishing vessels in the waters off the south-west coast was taken up with the Spanish authorities.

For the benefit of the Deputy I would like to outline the legal background to our national regulations governing collisions at sea. The "rules of the road" for ships moving in our territorial waters are contained in the International Regulations for Preventing Collisions at Sea, 1972, as amended. The latter are implemented internationally on a uniform basis and that basis is enshrined in the Collision Regulations (Ships and Water Craft on the Water) Order, 1984, as amended by the Collision Regulations (Ships and Water Craft on the Water) (Amendment) Order, 1990.

Those committing wilful breaches of these regulations are guilty of a mis-demeanour under section 419 of the Merchant Shipping Act, 1894 and are punishable by a fine or imprisonment for up to two years under section 680 of the Merchant Shipping Act, 1894. However, there is a difficulty in that the collision regulations do not apply to foreign-registered vessels where incidents occur outside our territorial waters. The incident referred to by the Deputy occurred outside territorial waters. In the circumstances the only option is to report to the maritime authority of the flag state concerned and this was done.

A basic tenet of maritime law is that the flag state is responsible for the regulation of its vessels' behaviour in international waters. The response of the Spanish authorities was that they were anxious to help and would not hesitate to take action against Spanish nationals in situations where it could be shown that they had been culpable.

As the Deputy will appreciate, I am anxious that the State's powers in this area should be enhanced to provide a more effective remedy in cases such as this. The Attorney General has been asked to examine this complex area of maritime law to see if any means can be found of overcoming the problem.

It is not feasible to take a civil action in this case because of the costs involved. It involved ramming, not a collision.

The Dáil adjourned at 9.55 p.m. until 10.30 a.m. on Thursday, 29 October 1992.

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