Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senator Lombard for raising this very important issue. I acknowledge the efforts of his community in keeping the area tidy. It is very frustrating if the State is not living up to its side of the bargain when communities are doing so much. I can hear the Senator's frustration on the matter.

The relevant legislation that allows for the removal of abandoned vessels in Irish waters is the Merchant Shipping (Salvage and Wreck) Act 1993. Section 40 of the Act provides that the Minister for Transport has the “general superintendence” of matters relating to wrecked or stranded vessels. The Act also sets out the responsibilities from an operational perspective for other bodies.

Sections 51 and 52 are of note with regard to the duties of the owner and appropriate authorities. Section 51 places the initial responsibility for removing a wreck on the owner of the vessel. However, if the appropriate authority considers the wreck is, or is likely to become, an obstruction or danger to navigation or a threat of harm to the marine environment, or to related interests, which includes the health of the public, it shall proceed to raise and remove the wreck or otherwise render it harmless.

Section 49 of the 1993 Act deals with the disposal of an unclaimed wreck. One year after it comes into the possession of the receiver of wreck, the receiver must notify the director of the National Museum, who has 30 days to decide if the wreck is of historic, archaeological or artistic importance. If there is no importance attached to the vessel, the Act provides that the receiver shall sell the wreck and pay the proceeds of the sale into the Exchequer.

While the Act does allow for the removal of a wreck, it does not contain provisions on the costs associated with the removal of a wreck where the sale of a wreck is not possible and the owners of the vessel cannot be located. The Nairobi International Convention on the Removal of Wrecks 2007 provides the legal basis for states to remove, or have removed, at the shipowner’s expense, wrecks that may have the potential to adversely affect the safety of lives, goods and property at sea, as well as the marine environment. Shipowners are obliged to maintain insurance or provide other financial security to cover the costs of wreck removal.As the Senator rightly stated, primary legislation is required for Ireland to accede to the convention. It is intended to progress this as part of a future Bill.

However, 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. Regarding any proposed salvage operations on wrecks located around the Irish coast, the following applies. Under Irish law, "a person who boards or attempts to board any wrecked or stranded vessel without the permission of the master or owner of that vessel shall be guilty of an offence". Therefore, permission must be obtained from the owner of the vessel prior to the commencement of any salvage operation. Contact must be made with the Irish Coast Guard, which will require specific information, including the salvage plan, insurance, pollution risk assessments, and emergency response and oil spill plans. Other Departments and agencies that should also be contacted for their permission and observations before any proposed salvage operation include the underwater archaeology unit under the Department of Housing, Local Government and Heritage, and the Environmental Protection Agency.