Joe O'Brien (Dublin Fingal, Green Party) | Oireachtas source

I thank the Deputy for raising this matter. The relevant legislation that allows for the removal of abandoned vessels in Irish waters such as that referred to by the Deputy is the Merchant Shipping (Salvage and Wreck) Act 1993. This Act gives effect to the International Convention on Salvage of 1989, to which Ireland is a signatory state. Section 40 of the Act provides that the Minister for Transport has the general superintendence of matters relating to wrecked or stranded vessels. The Act also sets out responsibilities from an operational perspective for other bodies. Sections 51 and 52 are of particular note with regard to the duty of the owner and the appropriate authorities. Section 51 places the initial responsibility for removing a wreck on the owner of the vessel, stating that "the owner of the wreck at the time of its sinking, wrecking, stranding, grounding or abandonment shall as soon as possible raise and remove it or otherwise render it harmless". The Act also provides for a number of appropriate authorities, such as a harbour authority, a local authority or the Commissioners of Irish Lights, to raise and remove the wreck or otherwise render it harmless if they consider a wreck is or is likely to become an obstruction or a danger to navigation or a threat of harm to the marine environment or to related interests, which include the health of the public.

Separate provisions apply regarding the sale of wrecks and a receiver of wrecks appointed under the Act deals with these matters. The Act allows for the receiver of a wreck to sell the vessel where the owner of the vessel cannot be located. However, the sale of a vessel is not always a viable option, as a vessel may be in such condition that it holds no significant monetary value. Furthermore, the Act does not contain provisions in relation to the costs associated with the removal of a wreck where the sale of that wreck is not possible and the owners of the vessel cannot be located.

In relation to the MV Alta, which washed onto rocks close Ballycotton, County Cork in February 2020, Cork County Council took the lead in dealing with this wreck in its role under the 1993 Act as the appropriate authority. In this role, Cork County Council is taking a number of actions, such as removing stores, including fuels and lubricants from the vessel and engaging consultants to carry out a number of reports on the vessel. These included reports on the wreck compiled by a marine surveyor, an environmental and ecological impact study and an assessment of hazardous material.

I wish also to highlight a working group established by the Department of Transport on foot of recommendation in a report published by the Marine Casualty Investigation Board on the grounding of the MV Alta. While incidences of wrecks coming ashore on the Irish coasts are rare, this group was established to explore the risks and potential costs to the State presented by derelict ships entering Irish territorial waters and coming ashore in Ireland and to make proposals for means to identify, monitor, track and interdict derelict ships before they endanger other ships and seafarers in the vicinity. The group, which is led by the Irish Coast Guard has met on a number of occasions and the Irish Coast Guard is currently liaising with the European Maritime Safety Agency, EMSA, with a view to evaluating satellite options for identifying vessels of this type in the future. Officials in the Department of Transport are available to support relevant appropriate authorities in the exercise of their functions, as set out in the legislation in question.

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