Pat Gallagher (Donegal South West, Fianna Fail)

I will deal first with amendment No. 6 which is being taken with amendments Nos. 4 and 5. When requested by Deputy Perry on Committee Stage, I said I would examine this issue. However, I clarified at that time that I would examine it but I drew his attention to the fact that the necessary aspects of the 1981 Act are included in the Bill. Having received clarification and advice on this, I repeat that it would not be proper to insert sections of Acts into this Bill. The type of incidents to which Deputy Perry referred can be dealt with under the Sea Pollution Act 1991. This Bill deals with liability, compensation and insurance in regard to incidents of hazardous and noxious substances pollution. It does not deal with the pollution incident. The pollution incident is dealt with under the Sea Pollution Act 1991. There is protection in that respect. However, considering this Bill in the cold light of day I appreciate that it may appear that it does not cover that, but there is a link. I ask the Deputies to take this into consideration.

In regard to incorporating some of the provisions of the 1991 Act into this Bill as proposed by Deputy Perry, this is not necessary. In addition, the owners of vessels that carry hazardous and noxious substances are big shipping companies and should be aware of all the legislation applying to them. It is a matter for them to uphold the law and abide by the relevant legislation. Otherwise, they would be open to prosecution.

I accept what Deputy Broughan said. It is important for us to have the necessary legislation in place to protect our environment, including the marine environment. Deputy Ryan referred to the delay involved. The Bill was published in April 2000 and it has been meandering its way through the House since. Second Stage commenced in this House in February 2001. After the election in June 2002, it was restored to the Dáil Order Paper. Second Stage was passed in the Dáil in 2002. Committee Stage was taken in November 2004. On the presumption that the Bill will go through Report and Final Stages today, I will be anxious to introduce Second Stage in the Seanad as quickly as possible to ensure the Bill is enacted.

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