Don Lydon (Fianna Fail)

I am especially interested in the Bill as I come from Ireland's premier fishing port, which happens to lie within the Minister of State's constituency. Pollution at sea is a matter of great importance to those of us who, like Senator Dooley, come from counties with substantial coasts. The Bill is an example of the technical legislation which drifts through the Houses occasionally without being the subject of too much examination. While spokesmen in both Houses speak to such Bills, the majority of Members are not especially interested. TheSea Pollution (Hazardous Substances) (Compensation) Bill, however, is very important and I welcome its introduction. I welcome the Minister of State to the House to present it.

While Senator Kenneally mentioned wrecks and oil spills, one can see the effect of pollution on a smaller scale on a beach like the one at St. John's Point after a gale force wind. When one sees the amount of flotsam and jetsam which has come ashore, one realises how much material is illegally dumped overboard from ships at sea. It is a sad reflection on those seafarers internationally who have so little respect for the sea which gives them their livelihoods that they throw overboard those things which are no longer wanted.

I hope the Minister of State will address the following points in his closing remarks. Section 6(1)(a)(i) provides that on summary conviction a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months may be imposed. There is no comparison between €3,000 and 12 months in prison. If the Minister of State offered me the choice, I would give him €3,000 immediately. The sanction should be a fine of €100,000 or even €200,000 or 12 months in prison. It has been the case in many recent Bills that the sums referred to as fines are the euro equivalent of fines more appropriate to the previous century. They do not reflect today's reality. I do not know any ship's master who would not rather pay €3,000 than spend 12 months in prison. The Minister should increase the fine substantially if he can. If an offender were to be fined and imprisoned, the matter would not arise, but if the sanction is a fine or imprisonment, €3,000 is a very small amount of money. It is a matter the Minister of State should consider.

Section 18(2)(b) provides that the High Court will not make an order for the enforcement of a judgment where the judgment debtor was not served with the document instituting the proceedings in which the judgment was given in sufficient time to enable him or her to arrange for his or her defence. If a ship is caught in some act and impounded by the Naval Service, within what period must it be served with an enforcement order? Is there another relevant clause in the Bill? Can one be served with an enforcement order immediately or does it take some time? If so, can a ship be impounded and brought into port or must it be anchored until such time as an order is served? I would like the Minister of State to elaborate on the provision.

Section 23(4)(a) provides that an inspector may, for the purposes of the Act, stop and board any ship and inspect and examine that ship. The provision needs to be clarified as it cannot be the case that an inspector can board any ship. There may, however, be special definition of "ship" elsewhere in the Bill. I cannot imagine an inspector boarding a warship of Russia or the United States of America which might have noxious substances on board. I cannot imagine an inspector boarding a warship or military cargo or supply ship with noxious substances on board if it were involved in NATO or EU war games at a location near an Irish port or harbour or even within Irish territorial waters. While I do not wish to pick holes, I suspect the reference in the legislation to "any ship" is not correct. A great deal of legislation is enacted in which mistakes are later discovered. Unless there is a clarifying definition of "ship" included elsewhere, we overstep our authority if we include the term "any ship" in section 23 of the Bill.

I welcome this important Bill which deserves to be supported by Members on all sides.