Michael Finucane (Fine Gael)

We discussed the sea pollution issue a few years ago and reference was made to the Erika, Prestige and other ship wrecks. The legislation is overdue and, while I acknowledge its spirit and intent, people are most concerned about the potential threat posed by Sellafield in the context of sea pollution. The threat has been elaborated on in the press on many occasions but it is worrying that yesterday the operators of Sellafield conceded that there was a leak within the concrete chambers on site which occurred 23 days ago and they do not know how to counteract it. I am concerned substances could leak into the sea and create significant pollution difficulties and have other implications for Ireland. The authorities at Sellafield have assured us that the processing of spent nuclear fuels will cease in 2012 but it will take another 150 years to complete the process of decommissioning. While Sellafield may benefit the consumers of electricity in England, it is inherently hazardous for our community. Many of our concerns revolve around this issue.

Substandard shipping, particularly in single-hull ships, is another matter of concern. Since 1 July 2004 all single-hulled ships operating within 200 miles of our coastline must notify the coastguard. To what degree is that being effectively implemented? As the Minister is aware, a recent situation illustrated that certain countries now use the Irish tricolour as a flag of convenience and in many such cases the ships never land in Irish ports.

We are all aware of the recent publicity about the wage rates of a person from the Philippines working with an Irish shipping company. To what degree, if at all, do our labour rates and other standards apply to ships using the Irish flag as a flag of convenience? Are we likely to see a situation in the future, particularly given the recent focus on the Turkish workers at Gama, where the Government and the Department of Communications, Marine and Natural Resources will be criticised because people working in ships under an Irish flag of convenience will be considered to be working for Ireland and for an Irish shipping company? What protection do we have against that?

The necessity for the fines and penalties included in the legislation has been well illustrated, particularly with regard to potential pollution problems. To what degree does the Bill apply to sea pollution within our harbours, such as oil or diesel leakages? Does the Bill have teeth in this matter or does it deal only with the open sea?

As a result of the 11 September attack, a commitment was given that many of our ports would be made secure against terrorist attacks. What degree of latitude applies to people who had traditional rights of access to these ports? If the ports are completely secure, are people who had fishing rights there no longer allowed to fish or can they get a special permit? It is important to secure our ports, but in doing so did we remove traditional rights of usage from people who need to have access for fishing or other activities?

There appears to be a contradiction in this matter as the Harbour Act 1996 includes a commitment that port companies encourage leisure activities, and I include fishing as a leisure activity. While this is not within the spirit of the Bill, as it is a security emphasis rather than a pollution emphasis, I would like to hear the Minister of State's reaction. Leisure and port activities can exist in harmony but it requires goodwill from the port authorities to do so.