John Gormley (Dublin South East, Green Party)

The Deputy seems to have misunderstood the situation relating to the directive. She gave an example of an oil spill from a ship. The environmental liability directive, ELD, precludes its application to environmental damage or to an imminent threat of such damage arising from an incident in respect of which liability or compensation falls within the scope of a number of conventions which are in force in the member states concerned.

Let me give a specific example. For Ireland, this includes the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage and the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage. Where the damage to the environment is not covered by these conventions and is assessed by the competent authority as environmental damage within the meaning of the ELD, the operator of the ship concerned will be subject to the liability provisions of the ELD. Therefore, the scenario outlined by the Deputy is already covered.

It should be noted that under the ELD, water damage only concerns specific waters, including the territorial seas, which extend approximately 12 nautical miles out from the coast, while damage to protected species and natural habitats under the ELD extends to the exclusive economic zones, the 200 mile exclusive fishery limit.

The issues referred to by the Deputy are already covered. We are undertaking a thorough process to deal with the directive. We will complete the legislation and it will be a combination of both primary and secondary legislation.

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