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Dáil Éireann díospóireacht -
Tuesday, 3 Nov 1992

Vol. 424 No. 8

Ceisteanna—Questions. Oral Answers. - Car Ferry Accidents.

Austin Deasy

Ceist:

15 Mr. Deasy asked the Minister for the Marine when he expects the report on the Celtic Pride car ferry tragedy to be available; and if, criminal negligence is identified, in which jurisdiction charges will be instigated.

Ivan Yates

Ceist:

19 Mr. Yates asked the Minister for the Marine whether his Department's report in relation to the MV Havelet ferry accident has been published; if not, when it will be published; and if he will make a statement on the matter.

Joe Sherlock

Ceist:

27 Mr. Sherlock asked the Minister for the Marine the investigations held to date into the deaths of two children on board the Swansea-Cork Ferry, Celtic Pride; the sanction, if any, which has been taken against the company concerned, particularly in view of reports that many passengers had previously made complaints about the sewerage system on the vessel; and if he will make a statement on the matter.

Peter Barry

Ceist:

29 Mr. Barry asked the Minister for the Marine when the report on the accident on the Cork-Swansea Ferry in the summer of this year, resulting in fatalities, will be completed; when it will be published; the way in which it is proposed to deal with its circulation; and if he will make a statement on the matter.

Peter Barry

Ceist:

45 Mr. Barry asked the Minister for the Marine when the report into the incident concerning the MV Havelet will be published.

Bernard Allen

Ceist:

50 Mr. Allen asked the Minister for the Marine if he has received the report on the accident involving the MV Havelet which occurred on 22 March 1992; and if he proposes to publish the report in question.

I propose to take Priority Question No. 15 and Question Nos. 19, 27, 29, 45 and 50 together.

I am extremely anxious that the lessons learned from all marine casualties must be applied so that a recurrence can be prevented. Following the Havelet incident, I decided that consumers should be given some opportunity to express their views in the area of passenger ferry safety. I recently secured the approval of Government for the establishment of a new Ferry Users' Forum to deal with passenger complaints about safety matters on ferries on Irish waters. The inaugural meeting of the Forum will be held within the next few weeks.

Following the Celtic Pride tragedy, an immediate examination of the vessel by marine surveyors of my Department, revealed the vessel's sewerage system as the cause of the accident. Immediate modifications to the vessel were carried out and the vessel was later taken out of service to allow permanent technical modifications to be carried out. These modifications involved, inter alia, the provision of two new permanent sewerage vent pipes, the cleaning of all sewage tanks modifications to the internal structure of the tanks and the fitting of new aeration systems to ensure a positive aerobic operation of the system.

As soon as the cause of the Celtic Pride accident was made known to me, I directed that a number of steps be taken to prevent a recurrence. All ferry companies operating into Ireland were requested (a) to review and report on the sewerage systems on their vessels, particularly with a view of the containment and ventilation systems for toxic gases and (b) to review the operational procedures for crews in the detection of and response to smells and gases.

I called a special meeting of the National Ferry Safety Committee, on which all ferry companies operating into Irish ports are represented, to review the accident and the lessons to be learnt from it. They informed me that they were satisfied their vessels were safe in respect of sewage and ventilation systems. In addition to meeting the companies, I directed the deputy chief surveyor of my Department to conduct a thorough examination of the sewerage systems of all the vessels. This examination has now been completed and no major deficiencies or problems have been found. No trace of lethal gas could be detected on any vessel.

All EC flag state authorities were alerted to the risks identified by the accident. The cause of the accident has also been reported to the International Maritime Organisation, the United Nations specialised agency concerned with maritime safety. The organisation have been asked to develop rules with regard to the construction and operation of sewerage systems on board ships. The Maritime Safety Committee of the International Maritime Organisation will begin work on this matter next month.

In February of this year I decided that in future a report of investigations into marine accidents would be released and made available to the public. However, as I indicated to this House at that time, there will be a time lag between the date of an accident and the date of release of the related report, because of legal and other constraints. This new open policy will apply to the Celtic Pride and Havelet investigations and I am anxious to release both reports at the earliest date possible.

A report on the Havelet incident was recently completed by a marine surveyor of my Department. As such reports have not been published in the past and as it is necessary for me to ensure, as far as practicable that the rights of all those concerned are upheld, the report has been referred by my Department to the Chief State Solicitor's office for his guidance. I would like to assure the House that when this process is completed, and subject to the Chief State Solicitor's advice, a report will be made available to Deputies and the public as soon as is practicable.

The deputy chief surveyor of my Department has completed his investigation into the Celtic Pride tragedy. His report will also have to be examined from a legal perspective by the Chief State Solicitor. When this process is completed, the final report will be made available, initially to the bereaved family and the ferry company and then to the public as soon as is practicable. Deputies will appreciate that I am not in a position to discuss the contents of this report at present, nor am I in a position to speculate on the possibility of criminal negligence.

Time is very limited and, therefore, very valuable. As regards the question I asked, 95 per cent of the Minister's reply was irrelevant.

I replied to five or six questions, not just to the Deputy's question.

The priority question is the important one. I would like to know whether the Minister has the report. Second, if criminal negligence is identified, in whose jurisdiction will charges be instigated?

The Deputy may not have heard me saying that both reports became available recently.

They have to go to the Attorney General——

And to the Chief State Solicitor. That is where they are and I can say no more about them at this stage. The question of claims for negligence would be dealt with in——

Will they be dealt with by the Irish courts, British courts, Polish courts or what court?

That would depend in the first instance on whom the claim is against. An Irish company are involved in the case of one of the ferries, and I presume the claims would be taken against the company and the owners of the vessels. That is a question that would be subject to local and international law.

There are three remaining questions and time is fast running out.

I would appreciate it if the Minister would clarify the matter. If it is a matter for international law, we can forget about it.

Question No. 16, please.

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