Select Committee on Enterprise and Economic Strategy díospóireacht -
Friday, 17 Jun 1994

SECTION 3.

Question proposed: "That section 3 stand part of the Bill".

Mr. Andrews

The purpose of the section is to amend provisions in section 16 of the Mercantile Marine Act, 1955 which governs the ownership and registration of fishing vessels to accord equal tyreatment to the nationals and bodies corporate of European Union States. It would be of assistance to the Committee if I gave some background to the section.

A European Court ruling of 4 October, 1991 found that the provision in Irish law which precluded non-nationals from holding a licence for a fishing boat was contrary to the Treaty of Rome. This matter is rectified in section 6. Section 3 provides for complimentary amendments to the provisions governing the entry of fishing boats on the shipping register. Non-EU nationals or bodies corporate remain excluded from ownership of an Irish registered boat. All fishing boats engaged in commercial sea fishing are required to be entered on the register of fishing boats which is provided for in the Merchant Shipping Act, 1894. In addition, all fishing boats over 35 ft. in length are required to be entered in the Shipping Register, that is distinct from the register of fishing boats which is provided for under the Mercantile Marine Act, 1995. Boats under 35 ft. in length may be registered if the owners wish. That is the purpose of section 3, a formal section; there is nothing sinister about it.

Mr. Bradford

This Bill has been introduced on foot of a European Court ruling. Are there a number of Irish owned vessels registered in other EU countries?

Mr. Andrews

No, there is none.

Mr. Bradford

It would be possible?

Mr. Andrews

Yes, the same rules and regulations apply to Ireland as to other EU countries.

Mr. Molloy

Line 15 refers to the "reciprocating states." Can the Minister elaborate on the "reciprocating states"?

Mr. Andrews

It is an informal reciprocal arrangement between one State and another with regard to registration.

Mr. Molloy

With which States do we have this arrangement?

Mr. Andrews

My information is that "reciprocating states" will be the United Kingdom, Canada and Australia, but nothing is set in stone in this regard. The arrangement is more or less moribund according to my information.

Mr. Deasy

The States about which we would be concerned are those which use a flag of convenience such as Liberia, Panama and Cuba. Three days ago a ship from Cuba caused a major emergency 250 miles off Castletownbere, almost within our exclusion zone. The cost of the rescue mission undertaken by Britain was in the region of £10,000. Can Britain obtain compensation from these countries if they are not listed?

Mr. Andrews

It is an extremely difficult thing to get it. As the Deputy will appreciate, this Bill refers particularly to fishing boats, not the type of vessel he has in mind. I take his point which is a reasonable one. There should be a system under which in the circumstances the Deputy outlined, compensation is available automatically and easily accessible. I will examine it but not in the context of this section.

Mr. Deasy

Approximately two years ago a collision at sea occurred off the coast of Wales between an Irish trawler and a French trawler. The inquiry into the accident was initiated by the French authorities about a year ago. The family of one of the Irish fishermen who died in that accident is extremely anxious to be informed of the results of the inquiry and while I got a response from the Minister's Department originally, we have had no follow-up.

Mr. Andrews

I am familiar with the case to which the Deputy refers. I apologise to him and to the bereaved family, our primary concern. I will deal with this within the next few days and I will correspond with the Deputy on the matter. If my memory serves me correctly the proceedings were initiated by me at the Deputy's request. At the time I spoke to the French Minister who undertook to have the matter dealt with expeditiously. I understand there are some problems, in French law in that the sense of urgency the Deputy and I would wish does not necessary apply there. Basically that is the problem, but I will follow it up.

Mr. Deasy

The family have heard nothing for almost one year.

Mr. Andrews

That is not good enough.

Question put and agreed to.