John Browne (Wexford, Fianna Fail)

I am pleased that this important Bill has been introduced in the Seanad. I welcome the opportunity to address the House on it and I look forward to hearing Senators' contributions.

The Sea Pollution (Miscellaneous Provisions) Bill 2003 is, as its title indicates, a wide-ranging Bill relating to aspects of the marine environment. It updates our legislation on the protection of the marine environment through giving effect in our law to several internationally agreed instruments. These include: the protocol to the International Convention on Oil Pollution Preparedness, Response and Co-operation – OPRC; the International Convention on Civil Liability for Bunker Oil Pollution Damage – the Bunkers Convention; the International Convention on the Control of Harmful Antifouling Systems for Ships, 2001 – AFS Convention; and Annex VI to the MARPOL Convention – the international convention for the prevention of pollution from ships done at London on the 2 November 1973 as amended by the protocol done at London on 17 February 1978, known as MARPOL 73/78. The Bill also amends Part III of the Merchant Shipping Act 1992.

The Sea Pollution (Amendment) Act 1999 gives effect to the OPRC. The convention was designed to ensure that proper arrangements are in place in each member state of the International Maritime Organisation to deal with emergencies arising from spillages of oil into the sea. Resolution 10 of the 1990 conference that adopted the OPRC invited the IMO to initiate work to develop an appropriate instrument to expand the scope of the OPRC to apply, in whole or in part, to pollution incidents by hazardous substances other than oil and prepare a proposal to this end. The IMO adopted a protocol to that effect in March 2000.

The 1999 Act provides for the preparation of oil pollution emergency plans by harbour authorities and operators of offshore installations and oil handling facilities and their submission to the Minister for approval. It also provides that the Minister may direct a local authority to prepare and submit such a plan for approval. The Irish Coastguard, formerly known as the Irish Marine Emergency Service, which was set up in 1991 as part of the Department of Communications, Marine and Natural Resources, has been designated as the national response agency and has made the necessary arrangements to give effect to the convention. The Irish Coastguard is also to be similarly designated for the purposes of the protocol. The Bill amends the 1999 Act to give effect to the terms of the protocol.