Dáil Éireann díospóireacht -
Tuesday, 3 Nov 1992

Vol. 424 No. 8

Written Answers. - Fishing Vessel Incident.

Austin Deasy

Ceist:

51 Mr. Deasy asked the Minister for the Marine if there has been any inquiry held into the ramming of a fishing vessel (details supplied) 40 miles south of Baltimore on 31 March 1991; if so, by whom the inquiry was carried out; the conclusions, if any, which were reached; and the prosecutions, if any, which followed or which are contemplated.

Minister for the Marine (Dr. Woods)

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.

Following the incident, Navy personnel boarded the two vessels concerned and interviewed crew members. A marine surveyor of my Department subsequently examined the vessel Ainnir Ordha. 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.

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.

For the benefit of the House 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 misdemeanour 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.

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.