Rory Kiely (Fianna Fail)
Link to this: Individually | In context

Amendments Nos. 1 to 4, inclusive, 6 to 10, inclusive, 12 and 13 form a composite proposal and may be discussed together. Is that agreed? Agreed.

Government amendment No. 1:

In page 3, lines 30 and 31, to delete subsection (1) and substitute the following:

"(1) Sections 3 and 4 (1) apply in respect of incidents occurring on or after the commencement of those sections.".

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

Amendment No. 1 to section 2 is a consequential amendment arising out of additional provisions in the Bill. Amendment No. 2 amends section 3 of the 1998 Act through the insertion of definitions relating to the supplementary fund.

Rory Kiely (Fianna Fail)
Link to this: Individually | In context

Amendment No. 5 is not being taken with this group of amendments; it will be taken separately.

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

Under amendment No. 6, section (4), as published, amends subsections (1) and (2) of the 1988 Act to reflect an increase of approximately 50% in limits of aggregate compensation payable by the 1992 fund. This amendment provides for further amendment of section 21 to include the arrangements related to the supplementary fund. The new subsection (3) provides the supplementary fund becomes liable for pollution damage when the total of all claims against the 1992 fund exceeds the limit set out in subsection (1). The new subsection (4) sets the limit for the aggregate amount of compensation payable by the supplementary fund of 750 million SDR. The new subsection (5) provides for pro rata payment of claims where the total of all established claims against the supplementary fund exceeds the limit set out in the new subsection (4). The existing subsection (4) provides for similar arrangements in respect of the 1992 fund. This will no longer apply once the protocol comes into effect. Article 24 of the protocol provides for the limit specified in the new subsection (4) to be amended through a tacit amendment procedure.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

What the Minister of State told us and his reference to different Acts is quite technical. Will he clarify why Denmark is precluded from the supplementary fund?

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

That is due to a special arrangement Denmark has had since it joined the EU. It has a special concession.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

What is the logic of it?

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

We can find that out for the Senator. It was an arrangement that was agreed when Denmark joined the EU and it has managed to exclude itself from the fund ever since. I will find the reason for that for the Senator.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

Given that Denmark is a coastal state and as we are talking about oil pollution, it is rather surprising that a member of the EU is precluded from the fund.

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

We will find out the details for the Senator.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

Perhaps the former Minister of State present might know about them.

Brendan Daly (Fianna Fail)
Link to this: Individually | In context

Is the Minister of State aware of the number of outstanding Irish claims that have not been paid from this fund or the supplementary fund? If he does not have the information to hand he might communicate it to me later. I understand that payment in respect of at least one claim has been outstanding for a long time. While it is all very well to introduce detailed and technical legislation, there is a lack of expediency in the payment of claims. I refer in particular to the Kowloon Bridge incident where the Government expended a considerable amount of money removing oil from that ship when it ran aground off the south west coast. I am not satisfied that the compensation claim in respect of that incident was paid from the funds. Is there a reason for that and is there any way claims such as this can be expedited? A fund and a supplementary fund are in place, but it is impossible to secure payment of outstanding claims.

Brendan Kenneally (Fianna Fail)
Link to this: Individually | In context

I do not know whether we are creating history in the Seanad today in introducing this Bill given that the amendments to it are longer than the Bill.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

That is right.

Brendan Kenneally (Fianna Fail)
Link to this: Individually | In context

I do not recall ever seeing that before. Reference is made in an amendment to the director of the supplementary fund, I do not recall that office holder being referred to in the 1988 or 1998 legislation. Who is the director of the supplementary fund and who appoints the director?

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

In relation to the Kowloon Bridge incident, that case is progressing through the courts. That incident occurred prior to the supplementary fund being set up and, therefore, those concerned cannot seek payment through that fund.

In response to Senator Kenneally's question, the current director is a Swede and he is appointed by the assembly.

Amendment agreed to.

Section 2, as amended, agreed to.

NEW SECTIONS.

Government amendment No. 2:

In page 4, before section 3, to insert the following new section:

3.–Section 3 (as amended by section 3 of the Act of 1998) of the Act of 1988 is amended–

(a) by inserting in subsection (1) the following definition after the definition of 'aggregate amount of compensation';

'"Assembly of the Supplementary Fund" means the Assembly specified in Article 16 of the Supplementary Fund Protocol;',

and

(b) by inserting in subsection (1) the following definitions after the definition of 'ship':

'"Supplementary Fund" means the International Oil Pollution Compensation Supplementary Fund 2003, established by the Supplementary Fund Protocol;

"Supplementary Fund Protocol" means the Protocol of 2003 to the International Convention on the establishment of an International Fund for Compensation for Oil Pollution Damage, done at London on 16 May 2003;'.".

Amendment agreed to.

Government amendment No. 3:

In page 4, before section 4, to insert the following new section:

4.–Section 19 (as amended by section 9 of the Act of 1998) of the Act of 1988 is amended by substituting the following for subsection (4):

'(4) A person who–

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

This amendment corrects a printing error in section 4, as published.

Amendment agreed to.

Government amendment No. 6:

In page 4, between lines 19 and 20, to insert the following new subsection:

"(2) Section 21 of the Act of 1988 is further amended by substituting the following for subsections (3) to (5):

'(3) Where the Fund incurs a liability under this Act and the amount specified in subsection (1) is exceeded, the Supplementary Fund shall, subject to subsection (4), be liable for any excess over that amount.

(4) Where the Supplementary Fund incurs a liability under this Act in respect of pollution damage in the State, the aggregate amount of compensation payable in respect of any one incident shall not exceed 750,000,000 units of account.

(5) Where the amount of established claims against the Supplementary Fund exceeds the aggregate amount of compensation payable under subsection (4), the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant by virtue of the Supplementary Fund Protocol shall be the same for all claimants.

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

Section 5 of the Bill as published provides for increased limits for the 1992 fund and they come into operation on 1 November 2003. The amendment provides for inclusion of commencement provisions relating to the supplementary fund.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

On a point of clarification I know that there is urgency with regard to getting this through before 1 November. Has this date been agreed internationally?

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

Yes.

Amendment agreed to.

Section 5, as amended, agreed to.

TITLE.

Government amendment No. 12:

In page 3, line 17, after "1992", to insert "TO GIVE EFFECT TO THE PROTOCOL OF 2003 TO THE INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE 1992, DONE AT LONDON ON 16 MAY 2003,".

Amendment agreed to.

Government amendment No. 13:

In page 3, lines 17 and 18, to delete "THAT PURPOSE" and substitute "THOSE PURPOSES".

Joanna Tuffy (Labour)
Link to this: Individually | In context

There is nothing contentious in this Bill, the provisions of which are welcome. It is very appropriate that persons affected by oil pollution damage be properly compensated. That is what this matter is about. I hope the Acting Chairman and the Minister of State will allow me the liberty, as today is the last sitting day of the Seanad this week and as the Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, is present, to note that commemorative services are being held tomorrow at Dún Laoghaoire and Holyhead to remember those who died on the mail boat, the RMS Leinster. Tomorrow is the 85th anniversary of the sinking of that ship on 10 October 1918 with 771 passengers and crew on board.

The ship was commanded by Captain William Birch, a Dubliner who had settled in Holyhead. The crew was drawn mainly from the towns of Dún Laoghaire and Holyhead. The majority of passengers happened to be military personnel who were either on leave or returning from leave during the First World War. The ship was struck by a torpedo fired by a German submarine, the UB-123, and 501 people on the RMS Leinster died as a result, representing the highest ever loss of life on the Irish Sea and the highest ever casualty rate on an Irish-owned ship. The German submarine was subsequently also lost along with its crew, the average age of whose members was between 19 and 20. I felt it important because of the date to record that in the House. This year is the first time ever that the towns of Dún Laoghaire and Holyhead are remembering all those who died on the RMS Leinster and the UB-123. It would be appropriate for this House to note the commemorative services and, for the first time since its establishment, take formal note of the grief suffered by families from Ireland, Wales, Scotland, England, the United States of America, Canada, New Zealand, Australia and Germany whose members died in the disaster on that day.

Michael Finucane (Fine Gael)
Link to this: Individually | In context

I spoke on Second Stage on this legislation and noted what an important piece of legislation it is. I also made the point that pollution preparedness is extremely important. As a commitment was given in May 2000 to purchase a towing vessel at the time, and the Minister for Communications, Marine and Natural Resources, Deputy Ahern, has since indicated his Department has entered discussions with the British authorities to see if a joint arrangement could be made, it would be important to have that resource available. As I said on Second Stage, the research vessel does not have towing capacity, although it can secure a particular vessel. I would like to think that a towing vessel would remain a priority. Given the unfortunate sequences of events that have occurred in other countries, it is the luck of God that we have avoided similar tragedies. I hope we always will avoid such tragedies. We are surrounded by sea and perhaps subject to risk in that regard.

Senator Kenneally indicated that the amendments were longer than the original Bill. What gave rise to that? When was the original Bill drafted? Was there an appropriate timeframe between the publication of the Bill and Committee Stage? All these amendments have suddenly appeared. The Minister of State refers to section 4, section 6 and so on. It sounds like gobbledegook. It would be far better if the amendments were minor in nature rather than being longer than the Bill's original provisions.

Brendan Kenneally (Fianna Fail)
Link to this: Individually | In context

I thank the Minister for Communications, Marine and Natural Resources, Deputy Ahern, who came before this House on Tuesday when we discussed Second Stage of the Bill. As I said at the time it was a very narrowly focused piece of legislation. I am glad that the Minister of State, Deputy Browne, has been able to join us here this morning and that we were able to quickly go through Committee and Remaining Stages. As Senator Finucane said earlier, there was a time constraint on us regarding 1 November. I thank the Minister of State for attending and I am glad we did not take up too much of his very valuable time.

John Browne (Wexford, Fianna Fail)
Link to this: Individually | In context

I thank the Opposition spokespersons and the Fianna Fáil spokesperson for their co-operation in ensuring that the Bill goes through the House very quickly.

On the issue raised by Senator Finucane, the Bill was drafted in January 2003 and the protocol was adopted in May 2003. The protocol was obviously related to the Bill, which is why the changes then had to be made. We appreciate the Senator's co-operation in making the changes.

Mary Henry (Independent)
Link to this: Individually | In context

When is it proposed to sit again?

Brendan Kenneally (Fianna Fail)
Link to this: Individually | In context

At 10.30 a.m. next Wednesday, 15 October 2003.