Dáil debates

Wednesday, 2 June 2010

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage

 

1:00 pm

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)

As we have strayed into amendment No. 92 as well as 91, I will deal with both of them with your permission, a Chathaoirligh.

Amendment No. 91 seeks to include environmental protection as a ground on which the Minister for Transport might cause a sunken vessel to be raised under Part 4 of the Bill. It is not necessary because it is already catered for. Legislation exists for that purpose. The Merchant Shipping (Salvage and Wreck) Act 1993 brought the International Convention on Salvage 1989 into national law. The focus of that Act is on marine environmental protection and provides that wrecks that are sunken or partially sunken in harbours or near coasts of the State can be required to be removed at the expense of the owner for marine environmental protection. I believe it has been invoked on one or two occasions.

The Minister for Transport may also take measures under that 1993 Act and the Sea Pollution Act 1991 to protect the coastline from pollution or the threat of pollution following a maritime casualty - that term includes a sunken or partially sunken vessel - and to give direction regarding salvage operations. The Deputy's good intent in that matter is already covered in legislation and it would not be wise to have two different sets of legislation covering the same matter because it could give people an escape hatch.

With the indulgence of the Chair I will deal with amendment No. 92, which proposes to insert "salvaging a vessel of special cultural and historic importance". That matter is and can be covered in legislation under national monuments or preservation of heritage legislation. It is not necessary to include it here and on that basis I ask the Deputy to withdraw those two amendments.

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