Dáil debates

Thursday, 13 May 2004

Maritime Security Bill 2004 [Seanad]: Second Stage.

 

3:00 pm

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)

I am delighted, as a person who lives in a house where one can throw a stone into the sea, to address a Bill on maritime security. I am also delighted to see a number of Deputies from Dublin involved in the debate. It is important we use the opportunity to discuss all aspects of marine issues. That is the central core of what I want to say because while this is the Maritime Security Bill 2004 — I could probably be challenged on the minutiae of the legislation — there are a number of issues I want to present to the Minister for clarification.

In general I agree with the previous speakers. Unfortunately, international terrorism needs to be addressed at every level where it represents a potential threat. I know this has been portrayed as merely a technical Bill and that, as the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, said, it is necessary to give effect to the United Nations Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1998 and the Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.

I acknowledge, too, what the Minister said when he alluded to the fact that this legislation was not a priority with Governments over the years, since 1998. Presumably, this was because the number of terrorist-type incidents involved in cruise liners and other ships might not have been high and therefore international pressure might not have been placed on the Department of Communications, Marine and Natural Resources or the Government to have Ireland incorporated as a contracting State to the protocol or the convention. I do not agree, however, that we need international pressure to deal with any of the issues that have to do with the sea, whether they have to do with fishing, marine tourism, safety or security, or any other aspect.

The Ministers form a sizeable marine community as they come from areas in which much marine-related activities take place. They include the Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, the Minister for Social and Family Affairs, Deputy Coughlan, the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, the Minister for Arts, Sport and Tourism, Deputy O'Donoghue, and the Minister for Agriculture and Food, Deputy Walsh. That short list represents at least one third of the Cabinet. Many Ministers of State have similar connections, for example, the Minister of State at the Department of Communications, Marine and Natural Resources Deputy Browne, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Michael Ahern, whose constituency includes the navy base, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Gallagher, and the Minister of State at the Department of Transport, Deputy McDaid. This is not an exhaustive list of people linked to coastal communities or to electorates. There are many Ministers, Ministers of State and backbenchers who should know about the marine as they come from such locations.

It saddens me on an occasion such as this to see a lack of interest in a Second Stage debate on yet another maritime or marine Bill. I do not believe it is because this is Thursday afternoon. There is a presumption that this issue does not concern individual Deputies. This may be a sweeping and perhaps erroneous statement. This is an island and most constituencies have a coastline but that is not reflected in the interest shown in this Bill, albeit that it is of a technical nature. When any other Department tables a Bill, Deputies use the occasion to explore its substance and highlight issues connected with the general topic. The fact that this is a technical marine Bill should not prevent people coming in to make general points about marine issues. I implore Deputies to show a more active interest in this by insisting on getting time to put on record their feelings about the importance of the marine and coastal communities to their areas. These communities are not confined to fishermen although in my area they predominate. The marine covers many aspects of life.

One may find that a Bill covers issues with serious implications for our areas that have not been discovered until after it comes into force, unless we explore them on Second Stage. I have encountered several issues of concern to me. The simple statement that this is an island has a serious import. Some areas such as Dublin, Cork, Galway and the Shannon region have successfully attracted employment and the areas around Dundalk and Monaghan have also begun to grow. In the less successful areas water offers the way forward. This Bill is designed to ensure it is always accessible and that it will not be exploited by international terrorists whose actions might undermine this nation or any other nation that has signed up to the convention. The fact that Ireland is an island presents us with potential opportunities and challenges. The Bill concentrates on the latter especially in the aftermath of the terrorist attack on the World Trade Centre on 11 September 2001 and the recent bomb attack on the Madrid metro. I offer my sympathies to all those affected by these attacks. My sister-in-law is from Madrid which makes one grateful that a close friend or family member was not involved. We have experienced enough tragedies on this island to know what the people of New York and Madrid are suffering.

The Bill covers the security of vessels around our coast and the safe passage of cruise liners. In the context of international terrorism it may sound parochial to reduce this discussion to the level of an individual Deputy or constituency but the relevance of this to even a few people has a bearing on the big picture. Surely anyone in a coastal community should have something to say about even the number of cruise liners visiting the constituency, and the level of threat from international terrorism this may entail. They might also aspire to have more international vessels visiting their areas on a social or commercial basis.

Many Deputies whose constituencies would have much to offer cruise liner operators but are not receiving visits from them could use this opportunity to underline the fact that this Bill was not prioritised because it is not as relevant to Ireland as it perhaps should be. Dublin Port is one of a number of large and busy ports but there are many other locations which might present a risk. This may be a strange argument but we do not feel threatened because we do not have as much international trade as we would like. Let us look at how we can maximise our risk in one sense but deal with that risk under this Bill. We should have more maritime traffic and invest in marine infrastructure to ensure that all parts of the island are accessible to the types of vessel central to this Bill.

Marine tourism is a buzzword but the sting is that no one seems to take responsibility for it. The Department of Communications, Marine and Natural Resources says it is a matter for the Department of Arts, Sports and Tourism and vice versa. We need to inject this equation with some reality or we could perhaps have left this Bill sitting on a shelf for some time given the lack of development or the advent of factors such as cruise line tourism. We need to extend the definition of tourism to include marinas, water ski-ing, jet ski-ing, yachting, angling and so on. The words "funding", "investment", "regulating" and "co-ordinating" are absent from this discussion.

The RNLI recently requested funding for dredging in Lough Swilly. The Department of Communications, Marine and Natural Resources responded that as it was not a fishery harbour it could not fund the dredging. That had serious implications for marine safety, which is not under discussion today. However, had there been a disaster or threat in that region and the RNLI was not able to deal with it who would take responsibility for those deaths? Had there been a security incident further out and boats needed to be deployed in a similar way, would we be happy to accept the response that they had no money to dredge and were therefore grounded? It does not make sense. When will we realise we are an island and have the resources to do something as basic as dredging that enables us to use our waters and not have a virtual border? Thankfully the situation in Lough Swilly was resolved and I thank the Minister, Deputy Dermot Ahern, the Minister of State, Deputy Browne, and their officials. At this point I will put in a plug for dredging at Greencastle and Portmore piers.

This Bill should not merely be a measure to protect boats that we wave at as they pass around the Irish coast on the way to other destinations. Our location should gain greater significance so that more boats have a reason to land at our ports giving our coastal communities a necessary commercial or tourism boost. I speak as Chairman of the Oireachtas Joint Committee on Arts, Sports, Tourism, Rural and Gaeltacht Affairs which has several associations with this issue. The budget for the Department of Communications, Marine and Natural Resources is reducing annually.

My county has done extremely well through investment by this Government and its predecessor. I saw the complete change in my town as dilapidated structures ceased to be eyesores and became active fishing landing points and active harbours. Many have more aspirations and dreams for future development. Such areas are now experiencing significant increases in turnover and fish catches because of the convenient location of ports. That may sound critical, but investment has been made by the Government and the previous Administration and I want that to continue. I also want to bring maritime events and international ships into Lough Foyle and Lough Swilly. We need to maintain the level of financial support in this area to halt the recent decline that is evident.

In this regard, I encourage the Minister, Deputy Dermot Ahern and the Minister of State, Deputy Browne, to keep fighting their corner, not only with the Department of Communications, Marine and Natural Resources but, more importantly, with the Department of Finance. A strong financial case can be made for a good potential return on any investment in this area. The argument is not based on sentiment, it is one based on economics and the Department of Finance should not ignore it.

The Bill gives rise to the question of who will pick up the tab for the additional security measures that may be required in certain ports. Other speakers alluded to the fact that money is only required for the extradition of people found on boats who are up to no good, and that the sum required would be small. I do not agree with that analysis. There will be a need for additional security measures and, accordingly, there will be a financial implication. What will happen to a port post-July 2004 that does not get the necessary investment to comply with the regulations, even though it is currently an active port that otherwise would have had a port facility security plan in place and an international ship and port facility code? Will ports that do not currently deal with international cruise liners or international freight traffic but that have plans to do so, be excluded from such a designation following the enactment of the Bill?

What jurisdiction will the Department of Communications, Marine and Natural Resources have regarding ports and port facilities on Lough Foyle? Will a similar approach be taken to the Londonderry port and harbour authority, Greencastle fishery harbour and Carrickarory Pier, Moville? Will they be subject to the same terms as Lough Swilly or Dublin Port?

I trust the Bill will not have a negative impact on, for example, the Foyle ferry. This ferry runs from Magilligan in County Derry to Greencastle in County Donegal and carried 500,000 passengers in its first 15 months of operation. It is one of the strongest legacies of the peace process and links two communities that for years merely looked at each other across Lough Foyle. I trust no nonsense about international ports will be thrown into the equation as, post the Good Friday Agreement, the joint nature of the approach to Lough Foyle is established. Frequently, legislation dealing with international issues inadvertently throw up serious anomalies for Border localities that do not come to light until after the legislation has come into effect. I hope this matter can be addressed in conjunction with the Department of Foreign Affairs, the Department of Justice, Equality and Law Reform and other relevant Departments, including the Secretary of State for Northern Ireland if necessary.

I congratulate the Garda on the significant chemicals find which, if it had not been discovered at this point, would have led to serious suffering for many individuals and families had it been converted into tablets and sold on the streets. The scale of the international movement of this cargo shows what is happening at sea and underlines the need for vigilance and a co-ordinated response.

Many coastal areas offer a potential for illegal activity under the cover of isolation. This raises the issue of whether there is a need to re-man lighthouses so as to have a more pro-active approach to activities taking place at more local level than comes under the remit of the Bill. It is possible for people to transfer from larger ships to smaller craft so as to access more isolated areas. I hope the potential for this taking place is addressed in the Bill.

I am interested in the International Maritime Organisation to which the Minister referred. Does this organisation have a role to play in activity other than international terrorism and does its remit include infrastructural development?

Does the Bill have any special significance for Lough Foyle? Has the special status of cross-Border activities currently in operation been taken into account, where there is no security threat? Who will pay for the increased security that may be needed to upgrade ports, given the constraints on the Department's budget? If a facility is not currently designated as compliant, will it be possible to gain compliance in future? Has a national survey been carried out, or will one be commissioned, to assess the financial implications of upgrading all port facilities to offer international docking? Given the need for increased security consciousness, will all maritime centres have equal access to international maritime traffic, in the interests of developing access to all regions?

The naval base is located in Cobh. Given the increased security risk and the distance from one end of the country to the other, has thought been given to the establishment of a temporary base in somewhere like Lough Swilly? It would allow a pitstop on the northern coast from which the service could operate should the need arise. Deputy Eamon Ryan referred to the threat that could be posed to Galway because of the gas pipelines from the Corrib field. When tragedies have occurred in my vicinity it has often taken boats a long time to get to the scene. They have to return to Cobh for refuelling and then return to carry on searches. If a full naval base cannot be installed on the northern coast, I urge that some form of half-way house be developed in an area such as Lough Swilly.

I am interested in the safety of Irish ships in Irish territorial waters and the issue of fixed platforms. I assume this relates to oil and gas facilities. Wind farms have been mooted in Lough Foyle as an off-shore energy source. Many people are not happy to have this project go ahead. The wishes of the people in the area and the needs of fishermen must be taken into account. I look forward to the long-awaited Foyle fishery Bill, another legislative measure relating to the marine area on which we have waited for up to eight years. I trust what I have said will be taken in the spirit in which it was intended. I consider it constructive criticism and would be most interested in receiving answers to the questions I posed. The Minister of State, Deputy Browne, is most helpful in the Department. I wish him well in his portfolio.

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