Amendment No. 1 is a drafting amendment recommended by the Office of the Parliamentary Counsel to improve the text.
Sea Pollution (Miscellaneous Provisions) Bill 2003: Committee Stage.
Amendment No. 2 is in the name of Senator O'Meara. As Senator O'Meara is not present, the amendment cannot be moved.
This is a drafting amendment recommended by the Office of the Parliamentary Counsel to improve the text.
This is a drafting amendment recommended by the Office of the Parliamentary Counsel to improve the text.
Amendment No. 5 corrects a printing error and incorporates drafting amendments recommended by the Office of the Parliamentary Counsel to improve the text.
Amendment Nos. 6, 9, 13 to 17, inclusive, 27, 28 and 30 form a composite proposal and all will be taken together by agreement.
The term "Irish ship" is defined in the 1999 Act. The Bill, as published, provides in section 35, paragraph (b), for the revised definition, namely, those above a certain threshold. This amendment, together with the deletion of section 35, paragraph (b), proposed by amendment No. 27, leaves the existing definition in place and introduces a separate definition to cover those Irish ships which are required to prepare and submit plans in accordance with this part of the Bill. Separate definitions have been introduced as all Irish ships, regardless of size, are being required in section 26 to report pollution incidents.
The distinction between Irish ships and relevant Irish ships was not required when the 1999 Act was made. The requirement to prepare plans, etc., in respect of oil was already in place through SI 44 of 1994, which was made under the 1991 Act. The extension of this requirement to hazardous and noxious substances in the protocol has meant that the Bill needed to provide for Irish ships above a certain threshold to prepare plans, etc. As regards HNS, the Office of the Parliamentary Counsel, when drafting the Bill, recommended that the requirement for relevant Irish ships in respect of both oil and HNS should be set out in this legislation.
This amendment makes two corrections to the text in page 18, line 6.
Amendments Nos. 7 and 8 make two corrections to the text in page 18, line 6.
This amendment provides for the insertion of new paragraphs (d), (e), (f) and (g) in section 3(2) of the 1999 Act. The new paragraphs extend to non-Irish ships the requirement to have emergency plans on board. Paragraph (d) pertains to ships registered in countries which are party to the convention, while paragraphs (e) and (f) deal with ships registered in countries which are not party to the convention. Paragraph (g) sets out the threshold above which this requirement is to apply, which is the same as for Irish ships.
What about the "ghost ships" which are currently the subject of controversy? Does this amendment cover these? If there was a pollution incident involving one of these ships outside Irish territorial waters, does this legislation empower the Minister to take any action? How would an incident such as this be handled? The marine environment is threatened by this new development. These ships, which are coming from the USA, do not appear to be covered under this international protocol.
If there was an incident, what action could be taken by the Irish authorities to deal with it? Would it be covered under the convention? Would the incident be dealt with by other member states along with Ireland? The ships are travelling outside the Irish jurisdiction so it seems the legislation we have is not adequate to cover them. Where there are hazardous vessels within the vicinity of Irish territorial seas, there is the likelihood of a major incident because of gales and so on. Do we have legislation to empower Irish authorities to take action to deal with an emergency such as this?
The Senator's point is important. These ships will finish up in Hartlepool in England, which is about 250 miles from our coastline. If we wanted proof of the type of gale force winds that have been experienced in recent times, we need only listen to the master of the Jeanie Johnston, who said his journey was troubled by force 10 winds. The ships mentioned by Senator Daly are coming from the USA, 4,000 miles away, and contain noxious substances such as PCBs, asbestos and heavy fuel oil. They are a time-bomb for our coastline. The intention was for 13 of these ships to sail to Hartlepool over a period of time and they have quite rightly been dubbed “ghost ships”. The Minister has had discussions with the British authorities on this issue and is meeting the British ambassador today.
Legislation such as this is important in its own right. Much of the emphasis in recent legislation has been on sea pollution, particularly from the point of view of conforming to European Union protocols. We may conform to EU protocols, but what restrictions apply to the USA? Is the EU making it known to the USA that it is not prepared to accept vessels such as these approaching its coastlines? There should be an embargo on this activity. If the USA has a problem with vessels made in the early 1960s which are no longer viable, it should resolve it within its own country. It is big enough.
It is audacious of the American Government to send these ships here. When it comes to environmental issues President Bush always gives the two fingers to the rest of the world. This has happened in the case of the Kyoto protocol and other European rules to which Ireland must conform. The Kyoto protocol is extremely important. This is another example of the Americans being irresponsible. The European Union should state firmly that it will not tolerate this. To what degree do protocols and provisions such as these apply to American ships? They should not apply at all because the USA should not be allowed to scrap vessels in any European country.
As it stands, any ship coming into Irish waters must have on board an emergency plan and any authorised officer of the State has a right to seek this plan. If the ships mentioned by Senator Daly and Senator Finucane were in difficulties, we would have our own emergency plans to deal with it. Ireland was notified of the passage plan of these ships and the fact that they would be travelling 35 miles south of Irish waters. We were kept fully informed all the way. It is to be hoped there will not be any problems because these ships are sailing close to the coast.
Generally, ships have their own emergency plans on board which may be requested by authorised officials. We also have our own plans in place for emergencies and we have seen these swing into action in the past. Port authorities have their own plans, as do local authorities, and our own Department deals with tugs, transponders and so on.
Nobody is disputing the provisions that exist in previous legislation or our preparedness for emergencies. Regardless of our plans, however, it has been ceded in the past that we do not have vessels suitable for towing away a vessel that is in distress. We can stall matters with regard to our marine research vessels. I am sure Senator Daly is wondering, as I am, what right these vessels have to come from the USA and put our coastline at risk, regardless of our level of preparedness. At EU level, in conjunction with the other EU countries that are part of this protocol, we should be making a stand on this issue.
Like Senator Finucane, I compliment the Minister for Communications, Marine and Natural Resources, the Minister of State and his staff on the way they have handled this issue and the representations they have made about it. However, I would like to be sure there is a mechanism to deal with an incident in which pollution is caused adjacent to our territorial seas. While I appreciate the legislation fully covers ships in harbours under the jurisdiction of the authorities within the State and probably within our territorial waters, what about the area outside this? It is important that this protocol is applied there and it is not clear to me whether it does.
The Minister should raise the issue at EU level, especially in the context of the international convention. If there was an incident involving one of these "ghost ships", with huge expenditure arising for the State authorities, it should be possible to claim this back from the convention and from countries such as the USA which have some responsibility in this area. Those behind this outrageous act of irresponsibility should be held liable in the event of an occurrence which results in damage to our environment or fishing areas. If this or any other legislation does not hold the USA, which is the owner of these vessels, responsible or liable for damage arising from an incident involving them, some provision should be made to ensure it does hold them responsible, and to extend the terms of the international convention to cover incidents of this nature.
We are not in a position to make regulations outside our own waters but as Senators Daly and Finucane stated, the Minister, Deputy Dermot Ahern, has expressed serious concern on a number of occasions about the ghost ships. Obviously other EU countries are of like mind, but under international regulations these ships have a right of passage. We have expressed our concerns. The Coast Guard and all the port authorities are aware of these ships and are ready to spring into action if required, although I hope that will not be necessary.
I understand the Minister will be in Brussels next week and I will ask him to take on board the points raised by Senator Daly and hold discussions with people of like mind. As we can see from the newspapers and publicity generally, there is serious concern about the ghost ships moving so close to countries, including our own.
I support Senators Daly and Finucane on this issue because from what we read, these ships may well have to turn around and head back to America. They constitute a major risk and they should not be moved at a time of the year when we are likely to experience severe storms. The people who intend to scrap them should not have been allowed to do it until a safer time of the year. There is a risk of some of them not being accepted and having to return to America, which would pose a double risk for this country. I compliment the Minister of State on what he has outlined and the steps he has taken but this country stands to suffer as a result of these passages.
I agree with the Senator that it is a strange time of the year to move the ships, but because of the concern expressed by the Minister and by members of the public, only four of the six ships set out. I do not know whether the other two will be sent next year. All of us would be concerned about the Americans sending such ships so close to this and other countries but that is a matter for a different forum. I am sure the Minister will deal with it. He has already raised his own concerns, the concerns of the Government and the public at a meeting last week in Farmleigh House with the relevant Commissioner.
I compliment the Minister of State on what he has said. Will he ensure that the Naval Service and Air Corps will monitor these vessels when they are in the vicinity of Irish territorial waters and within the jurisdiction? They should be fully monitored and reports made to the authorities to ensure we are fully aware of what is taking place and that there will not be an incident which might not come to light for two or three days.
The Navy and the Air Corps have been monitoring the ships and have been aware at all times of their position as they travelled on the sea.
I respect what has been done by officialdom and there has been an awareness of its actions while watching what was happening on television and reading about it. I also respect what the Minister is doing. He has been vocal in his opposition. When European Union protocols are being introduced with regard to this, the argument should be made in the Commission that it is not right for a country like America to send here vessels carrying noxious and hazardous substances which put people's lives at risk. Will the Minister of State give an assurance that the Minister will take up the matter with the British Ambassador, although it should be raised at European Union level?
The Minister has already raised the issue with the Commissioner at EU level. I am aware there is also a view that EU Heads of State should discuss the situation at the next summit and express the concern of the different countries about America sending such ghost ships through our waters. We will also bring it to the Taoiseach's attention.
I might have missed it earlier but what is the definition—
The amendment has already been discussed with amendment No. 6.
I presume I can ask what is the difference between "Irish ship" and "relevant Irish ship".
It has already been discussed. Is the amendment agreed?
The Senator can ask that question on the section.
What is the difference between "Irish ship" and "relevant Irish ship"?
That was explained when considering section 20.
I accept that but I missed it when the Minister of State went through the section fairly rapidly. I am sure he remembers it.
Section 35, which provides for the revised definition, covers the area to which we referred earlier. The term "Irish ship" is defined in the 1999 Act. The Bill, as published, provides in section 35, paragraph (b), for the revised definition, namely, those above a certain threshold. This amendment, together with the deletion of the paragraph, leaves the existing definition in place and introduces a separate definition to cover those Irish ships which are required to prepare and submit plans in accordance with this Part of the Bill. Separate definitions have been introduced as all Irish ships, regardless of size, are being required in section 26 to report pollution incidents.
The distinction between Irish ships and relevant Irish ships was not required when the 1999 Act was made. The requirement to prepare plans, etc. in respect of oil was already in place through S.I. No. 44 of 1994, which was made under the 1991 Act.
The extension of this requirement to hazardous and noxious substances since the protocol meant that the Bill needed to provide for Irish ships over a certain threshold to prepare plans etc. in respect of HNS. The Parliamentary Counsel's office, when drafting the Bill, recommended that the requirement for relevant Irish ships in respect of oil and HNS should now be set out in this legislation.
Amendments Nos. 18, 19 and 20 are related and may be taken together by agreement. Is that agreed? Agreed.
Amendments Nos. 18 to 20, inclusive, are drafting amendments recommended by the Parliamentary Counsel's office to improve the text.
Amendment No. 21 is a drafting amendment recommended by the Parliamentary Counsel's office to improve the text.
Amendment No. 22 corrects a grammatical error.
Amendment No. 23 introduces revised text to section 33 as amended by the Parliamentary Counsel's office.
Does this concern the establishment and maintenance of a temporary exclusion zone around a maritime casualty or an offshore unit?
This section amends the punctuation of section 26(4)(h) of the 1991 Act and inserts a new paragraph that provides for the establishment and maintenance of a temporary exclusion zone around the maritime casualty or pollution incident. This has been included at the request of the Irish Coastguard Service.
What would be classified as a temporary exclusion zone area-wise?
It would depend on the size of the incident. It could be half a mile or 500 ms. It is to stop other vessels coming in during an emergency or an incident.
Amendment No. 24 is consequential on amendment No. 25. Amendments Nos. 24 and 25 may be taken together by agreement. Is that agreed? Agreed.
Section 34, as published, includes a provision to insert a definition of convention in the 1991 Act. It is considered more appropriate to insert this definition in the 1999 Act. The provision is accordingly being deleted from section 34 and included instead as part of section 35.
This is a drafting amendment recommended by the Parliamentary Counsel's office to improve the text.
How does it improve the text if one is deleting "harbour authority" and substituting "harbour authority"? Surely, it is the same thing.
The Minister of State is talking about some of those funny harbour authorities in Foynes.
It is the punctuation.
There is a slight change in the punctuation.
I thought the Senator had read it.
How does the punctuation improve it?
Is the amendment agreed to?
Observation is the key to success.
Amendment No. 29 is a drafting amendment recommended by the Parliamentary Counsel's office to improve the text.
There is a reference to garbage in this section and legislation has been introduced in that regard. I presume this Bill will strengthen that legislation because there is a still a major problem for communities in coastal areas with refuse washing up on the coastline. When the legislation was introduced in the House a few years ago, there was an indication that the wine bottles and bits of broken net would be covered by the legislation because it was to tidy up the situation where a huge amount of refuse was being washed up on the shore as a result of commercial ships and fishing vessels operating off the coastline.
The situation has not improved to any great extent over the last couple of years. Many disposable nappies were washed up on the west Clare coastline last summer which came from a ship which lost its cargo off the west coast. There were sufficient disposal nappies in west Clare for a few weeks to take care of a lot of children.
It is a serious matter. A lot of refuse and garbage is being dumped from vessels all the time. It is a problem for local authorities, because they have responsibility for clean ups, and for local communities involved in the Tidy Towns competition and so on. I understood there was legislation to control all of this and that ship owners and companies could be prosecuted under it for causing pollution. It appears the legislation is not working and it needs to be looked at again. If this Bill tightens it up, I support it.
I understand Senator Daly's concerns. Earlier this year the Dumping at Sea (Amendment) Bill was passed and it will deal with this issue. Port authorities, under an SI annex approved by Europe, have been asked to prepare plans on how to deal with garbage and waste. Those plans will be notifiable to Brussels. Action is being taken to deal with these issues through the Dumping at Sea (Amendment) Bill and through port authorities having to prepare plans on how to deal with this which are notifiable to the Department and to Brussels.
That is fine. I do not want to prolong the debate but I presume this is in the jurisdiction of the harbour authorities. The main problem is arising on beaches along the west coast. It is resulting in a large number of bottles and a huge amount of refuse generally from ships being washed on to the beautiful beaches and it is causing problems.
It is necessary to revisit that legislation and if there is an issue that needs to be tightened up then we should have additional legislation.
Living in the nicest coastal county, County Wexford, I am well aware of the difficulties—
It is not as good as west Clare.
—that Senator Daly is raising. We hope the Dumping at Sea (Amendment) Bill 2000, and other legislation and annexes that have been passed in recent times, will deal with this matter. Obviously it will be a matter for enforcement eventually, but hopefully the legislation that has been passed through this House and Dáil Éireann will deal quite effectively with the issues raised by Senator Daly.
I move amendment No. 31:
In page 27, line 19, to delete "to other vessels" and substitute "to such other vessel or vessels as may be specified by the Minister".
We have proposed an amendment to the section because the section as drafted seems to require the Minister to revoke all licences held by a person if he is exercising the power conferred by the section. We feel it is wrong that the Minister should have the power to determine that a particular class of licence should be revoked, in other words that the power of the Minister in terms of revocation is pitched too far. It should allow the kind of differentiation we are suggesting. I await the Minister's reply with interest.
This amendment, which I have studied, is interesting. It seems rather draconian to revoke all licences, whereas the amendment proposed by Senator Tuffy would at least give the Minister a certain amount of discretion on whether he revokes all the licences or certain licences.
I thank the Senator for her amendment but the advice available to the Department is that the proposed amendment is unnecessary and we are not proposing to accept it. The amendment is considered unnecessary as the plural "vessels", covers both the singular and plural form. The purpose is to ensure that where an individual holds a licence for more than one vessel and has been found guilty of an offence in respect of any one vessel, the Minister will have the power to revoke the licences for any remaining vessels that the individual may possess. It is not our intention to accept Senator Tuffy's amendment.
Is the amendment being pressed?
We still contend that the section is worded incorrectly. Is Report Stage following Committee Stage?
We will decide that on the completion of Committee Stage.
I hope the Cathaoirleach will not mind me asking if I can table this amendment again on Report Stage, if that is appropriate.
The Senator cannot reopen this.
I am not going to reopen it. I just want to mention that I am re-submitting it.
Amendment No. 32 corrects printing errors.
The fines appear to be very small. These are serious offences but it looks as if the Minister is increasing very small fines to medium-sized fines. Is it not time to have a look at all fines in the Bill?
They are the maximum allowed by the jurisdiction of the courts.
We will look at that.
In response to Senator Daly, there are prison terms in existing legislation which we are not amending.
The Minister should increase the prison sentences.
When is it proposed to take Report Stage?
I thank the Cathaoirleach and the Senators for their contributions on the last day we were here and today. Their input into the Bill has been welcome. I also thank the officials who dealt with 38 sections. It is a very important Bill and I know the officials spent quite a lot of time on it. I thank all involved.
It is proposed to take Report Stage next Tuesday, 18 November 2003.