Kathleen O'Meara (Labour)

I welcome the Minister of State, Deputy Gallagher, to debate what he described as a technical Bill but which is also important legislation. We have no reason to oppose it. It falls in line with the commitments we have made in the context of our participation in the European Union and in other bodies and agencies and responsibilities consequent on such participation. There is also the need, as the Minister of State has pointed out, for a properly protected marine environment, a matter of considerable importance to this island.

Marine pollution is of the utmost seriousness, whether as a result of an accident or negligence. Senator Kenneally has outlined with erudition the effects on French coastal communities, and the Breton area in particular, of the impact of the 1999 sea disaster there. Clearly that type of incident is our biggest concern and fear. There is also the fact that an oil tanker might go aground in heavy weather, in what may only be described as a genuine accident. Such incidents happen.

I am concerned about sanctions where negligence is involved and I ask the Minister of State to examine the whole issue of prevention. The majority of companies that sail the sea do so within the confines of the law and take extreme care that they live up to their responsibilities, particularly as regards pollution. However, it is our role as legislators and that of governments, acting individually and together, to ensure that every possible preventative measure is taken against marine accidents and damage to the environment.

This legislation is not specifically about prevention although prevention is an extremely important part of the dynamic that is needed in this whole area. The second prerequisite is enforcement. Before I elaborate on this I wish to pose a question on compensation, which is at the core of the legislation. The proposed sum of €1 million is not a great amount. Perhaps the Minister of State could elaborate on this. I have looked through the Bill and I am unclear on how the compensation element will work. If there is an incident affecting part of the coastal area, say at Waterford, and that part of the coastline is damaged by an accident involving a ship carrying crude oil, how will the compensation scheme work? Who can claim? How will individual claims work? These are important questions that require clarification. Perhaps the Minister of State will give the House guidelines on what is involved and also how the insurance framework referred to in the legislation would operate. While the legislation clearly sets out how insurance is a prerequisite, how may people benefit who are affected by such an accident? Given the degree of damage that may be done, a sum of €1 million does not seem to be a high figure.

Why is it that the position of harbour masters is addressed in the Bill but not in the maritime safety legislation? Is the framework for enforcement of maritime safety not part of this Bill? This is something that must be constantly on the agenda. We may have all the legislation we want but ultimately, the rules and regulations have to be enforced and sanctions are clearly an important part of this.

The fears expressed by people regarding the transportation of nuclear materials has been raised, but it is worth mentioning again. No amount of compensation would be of benefit or of any relevance in the event of a serious accident involving such material. We have a particular interest in this area, and the Government stance has wide public support. However, unless it is met with co-operation and agreement by other EU member states, particularly our immediate neighbour, this means nothing, and remains merely an aspiration.

I do not have anything further to say on the legislation that has not already been said. I look forward to a more detailed scrutiny of the Bill on Committee Stage.