Pat Gallagher (Donegal South West, Fianna Fail)

I thank the Senators who have contributed to today's important debate. Senator Kenneally was quite right on the matter of harbour masters. The Bill will specify "harbour authority" rather than "harbour master". The matter was also raised in the Dáil. It will be a matter for a harbour authority as the prescribed body to make appointments, though one imagines the first person an authority would appoint as one of the authorised officers would be a harbour master.

I wish, to use a pun, to draw clear water between oil pollution and pollution by hazardous substances and noxious waste. The Bill gives effect to the International Convention on Liability and Compensation for Damage in connection with the carriage of Hazardous and Noxious Substances by Sea 1996. The Bill gives effect also to the 1996 protocol to amend the Convention on Limitation of Liability for Maritime Claims 1976.

Senator Coghlan referred to the delay in bringing the Bill to this stage. The Bill was published first in April 2000 and Second Stage commenced in the Dáil in February 2001. A general election took place in 2002 after which the Bill was restored to the Dáil Order Paper. Second Stage in the Dáil concluded in November 2002 and it took two years to bring the Bill to Committee Stage, which I took in November 2004. While the Bill has been a slow starter, I hope it will be processed by the Seanad relatively quickly and enacted. I am extremely anxious to see Ireland become an additional country to have passed the Bill as there is an 18-month lead in time after the required number of member states have adopted the provisions it sets out.

Reference was made to the need for the EU to lead the way. Member states have been urged to introduce legislation and are proceeding at different speeds. We have no control over the actions of other member states and can only influence what we do ourselves. I am extremely anxious to ensure Ireland plays its part and enacts the Bill before the summer recess. I will depend very much on the co-operation of Members on Committee and Report Stages when we can address the minutiae of the legislation.

In my opening speech I made mention of the proximity of nuclear materials to Ireland's coast. Reporting will be important after 1 July. Protection areas, PSSAs, were approved by the International Maritime Organisation in October 2004. A reporting system for tankers was accepted by the IMO's navigation committee and was formally adopted as a legal mandatory reporting system at the end of last year. I am pleased to confirm that this system will enter force in July, after which vessels will be obliged to report upon entering territorial waters.

The transportation of nuclear materials, which was referred to by Senator Keneally, is a concern to the Government and every Member of this House. As Minister of State at the Department of the Environment, Heritage and Local Government, I raised this issue in Europe on a number of occasions and met with Ministers responsible for energy and the environment, including UK Secretary of State for Environment, Food and Rural Affairs, Ms Margaret Beckett, and UK Secretary of State for Trade and Industry, Ms Patricia Hewitt. At a meeting in London attended by the former Minister for the Environment, Heritage and Local Government, Deputy Cullen, I made clear the unambiguous stance of this Government on Sellafield and its MOX plant.

Reference was made to the events of 11 September 2001. The effects of a similar disaster at Sellafield, which would not be limited to those living along the east coast, are too horrendous to contemplate. It is important that we are prepared and make provision for an adequate response. While precautions in terms of transport should be taken, regard must be paid to the law of the sea and the right of innocent passage. Arrangements have been put in place for advance notification of coastal states. Authorised officers should have the right to inspect any ship believed to be carrying hazardous wastes or causing oil pollution that might affect the marine environment. It would be for the better if, upon inspection, the ship was found to be free of such dangers.

Senator Dooley asked questions on the knock-on effect and compensation. Decisions on compensation are matters for governing bodies, that is, the assemblies of contracting states. After the convention enters force, these bodies will agree guidelines in accordance with it. The proximity notion will apply when assessing claims to compensation for damage to the marine environment, sea or inland fisheries and onshore areas. It will be a matter for the courts to decide whether it is clear that damage is caused by a ship. The same will apply for damage done to tourism and other sectors. While it is a global statement, contracting bodies will decide in the first instance on guidelines for and recipients of compensation. We should take all appropriate measures to ensure that such a situation will never arise.

Fines of €3,000 or 12 months for summary offences or €1.27 million on indictment are in accordance with the guidelines for the Sea Pollution Acts. It is not a matter of whether €3,000 is paid or 12 months are served. Both penalties may be incurred. The advice of the Parliamentary Counsel was followed on this matter. An issue which regularly arises is that 20 years after an Act is passed, fines may remain the same. The Minister for Justice, Equality and Law Reform will publish a fines Bill later this year which will ensure that all fines will increase on a consumer price or other index. This is a sensible plan. The fine for a summary offence, which is not excessive, will be issued by the District Court.

Senator O'Meara raised the concerns that exist in terms of serious incidents. This Bill, which received widespread support in the Dáil, mirrors the two tier compensation arrangement applicable to oil pollution. As is the case for oil, contributions to the international fund are made by importers. I do not expect the State to contribute a significant sum. However, the geography of this island makes it vulnerable. With the support of the Government, my Department has adopted a strategic role to protect and preserve the marine environment.

Senator MacSharry noted that Ireland was not party to the convention on radioactive material. I will consult the Minister for the Environment, Heritage and Local Government, Deputy Roche, who has responsibility for this matter, on plans for the fulfilment of our commitments to that convention and report back to the Senator.

The regulations pertaining to State port control will be an issue. We have responsibilities to our vessels, whether they are landing here or in other parts of the world. Port State control will become more important and we want to ensure that we have regulation of ship classification societies, to accelerate the phasing out of single-hull oil tankers. I am not sure how long that will take, but it is vital that it happens within a prescribed period. We also want to strengthen the port State control measures, the ship reporting arrangements, sanctions relating to ship source pollution and increased compensation for victims of pollution by oil tankers.

There are many measures in place and others will have to be introduced. I hope we can debate the issues in more detail on Committee Stage. I thank the Members who contributed and who are anxious to ensure that we fulfil our obligations. We must remember that we are the custodians of the environment, including the marine environment. Sometimes we take the view that the environment is mainly land based, but the marine environment is extremely important. We must ensure that all necessary precautions are taken so that we fulfil our duty to hand over the marine environment to future generations in a better state than we have found it.