Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I am taking this Commencement matter on behalf of the Minister of State at the Department of Transport, Deputy Naughton.

The relevant legislation that allows for the removal of abandoned vessels in Irish waters such as that referred to by the Senator is the Merchant Shipping (Salvage and Wreck) Act 1993, which gives effect to the International Convention on Salvage 1989, to which Ireland is a signatory state. Section 40 of the Act provides that the Minister for Transport, "shall have the general superintendence ... of all matters relating to every wrecked or stranded vessel or other wreck." The Act also sets out the responsibilities of other bodies from an operational perspective. Sections 51 and 52 are of particular note in terms of the duty of the owner and appropriate authorities. Section 51 places the initial responsibility for removing a wreck on the owner of the vessel, stating that, "the owner of the wreck at the time of its sinking, wrecking, stranding, grounding or abandonment shall as soon as possible raise and remove it or otherwise render it harmless." The Act also provides for a number of appropriate authorities - a harbour authority, a local authority or the Commissioners of Irish Lights - to raise and remove the wreck or otherwise render it harmless if they consider it is likely to become an obstruction or danger to navigation or a threat of harm to the marine environment or related interests, including the health of the public.

Separate provisions apply regarding the sale of wrecks and the appointed receivers of wrecks. The Act allows for the receiver of a wreck to sell the vessel where its owner cannot be located. However, the Senator will appreciate that a scenario may arise wherein a vessel in such a condition cannot be sold and holds no significant monetary value and, therefore, its sale is not a viable option. While the Act allows for the removal of the wreck, it does not contain provisions regarding the costs associated with that removal where the sale of the wreck is not possible and the owners of the vessel cannot be located.

The Nairobi International Convention on the Removal of Wrecks 2007 provides a legal basis for the State to remove, or have removed at a ship owner's expense, a wreck that has the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment. Ship owners are obliged to maintain insurance or provide other financial security to cover the costs of wreck removal. As the Senator stated, primary legislation is required to ratify the convention. It is intended to progress that legislation as part of the future marine shipping Bill. However, it must be noted that the convention does not cover all wreck removal scenarios. For example, when the owner of a vessel cannot be located and insurance details cannot be found, pursuing the owner for costs is very difficult. The Senator may be interested to hear that on foot of a recommendation in a recent report published by the Marine Casualty Investigation Board on the grounding of a wreck on the Irish coast in 2020, the Department of Transport has established a working group to explore the risks and potential costs to the State presented by derelict ships entering Irish territorial waters and coming ashore in Ireland and make proposals for means to identify, monitor, track and interdict derelict ships before they endanger other ships and seafarers in the vicinity.

Incidence of wreaks coming ashore on the Irish coast are rare. The Department of Transport will continue to be available to support relevant appropriate authorities in the exercise of its functions as out in the legislation in question.