John Browne (Wexford, Fianna Fail)

Under amendment No. 6, section (4), as published, amends subsections (1) and (2) of the 1988 Act to reflect an increase of approximately 50% in limits of aggregate compensation payable by the 1992 fund. This amendment provides for further amendment of section 21 to include the arrangements related to the supplementary fund. The new subsection (3) provides the supplementary fund becomes liable for pollution damage when the total of all claims against the 1992 fund exceeds the limit set out in subsection (1). The new subsection (4) sets the limit for the aggregate amount of compensation payable by the supplementary fund of 750 million SDR. The new subsection (5) provides for pro rata payment of claims where the total of all established claims against the supplementary fund exceeds the limit set out in the new subsection (4). The existing subsection (4) provides for similar arrangements in respect of the 1992 fund. This will no longer apply once the protocol comes into effect. Article 24 of the protocol provides for the limit specified in the new subsection (4) to be amended through a tacit amendment procedure.