Tim Lombard (Fine Gael)
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It is always a pleasure to have the Minister of State, Deputy Peter Burke, here. However, I am disappointed that the senior Minister with direct responsibility for this issue is not present. It is the second time in the last two years that I have raised the issue of abandoned vessels in Irish waters and the Government's policy for dealing with the issue.

The Minister of State is probably very much aware of the abandoned vessel in Ballycotton in east Cork. It ran ashore on 16 February 2020. Cork County Council became the lead authority in ensuring it was handled safely. It is a huge vessel which has eroded and broken into two parts. It is sitting on the seashore. On Monday afternoon I met residents at the old bridge site in Kinsale where we looked at another vessel which has been tied to the quay for over 13 years. It is literally taking the quay wall with it into the sea. The local authority has no powers, finance or structure to deal with these issues. A plethora of abandoned vessels are literally littering our seashore. There is an ironic twist in this tale. Every Saturday morning people are out picking up litter on the beaches. There is a significant campaign by the locals to ensure that their shoreline is kept in an appropriate condition. However, the big hand of the State is doing nothing to ensure that the major vessels that are littering our seashore are taken away.

If there was an abandoned car in a housing estate, legislation exists to get that car moved within months. We do not have the same appropriate response from the Government to ensure that these vessels, which are eroding our environment and are a blight on scenic views, are removed. The Nairobi International Convention on the Removal of Wrecks was passed in 2007, but the Government has never enacted it. We need to ensure that we can empower, finance and put a plan in place to deal with the plethora of abandoned vessels on our shores. We have the technology to do it and we have the ability to do it, but we do not have the powers from the State to do it.

I am frustrated to be here again two years later with the exact same matter. At that time, I got a wishy-washy response with no detail about when the convention would be brought forward and no ability to ensure that the abandoned vessels in various harbours could be dealt with. I am frustrated to say the least. The local authorities should do much more, but for marine issues like this they do not have the wherewithal, finances or technical ability. It must be led by the Department of Transport. There needs to be a direct line to ensure that the Nairobi convention of 2007 is enacted. If that were enacted, we would have the legislative power to move forward to remove these vessels. At the moment it is not happening. I hope the Minister of State can give me a comprehensive response, but I am deeply disappointed that again the Minister for Transport has not turned up in this Chamber this morning.

Peter Burke (Longford-Westmeath, Fine Gael)
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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.

Tim Lombard (Fine Gael)
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With the deepest respect, that reply does not do anything for us. Literally, we have no pathway and no ability to remove these wrecks that are littering our coastline. There is one at Ballycotton that is there since 2020. It is split in two at this stage and will probably be in four by the time I put down my next Commencement matter, and we will still be going nowhere. There is one in Kinsale that is one of many that has been tied against a pier wall for over a decade. There is no pathway from the local authority or the Department, and there are no structures in place to deal with these issues.

It is ironic. I go back to my point about these wonderful communities that go out picking litter every Saturday while the State is not doing its duty regarding vessels that are creating a huge environmental and health and safety hazard. This is destroying our rural and coastal environment. We need a date for the primary piece of legislation that is being talked about. Two years ago, I was told it was going to be “soon” but “soon” has come and gone. The vessels are now in two and they will be in four when I am back here again.

Peter Burke (Longford-Westmeath, Fine Gael)
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I hear Senator Lombard's frustration in connection with this issue. I will endeavour to talk to the Minister, Deputy Ryan, and to liaise with the Senator specifically on a timeline for the legislation that we referenced, which would potentially be a help. This is also to give his community some assurance. He rightly pointed out in his intervention the great work they are doing in living up to their end of the bargain, keeping their area tidy and aesthetically welcoming for tourists, and making the place look very accommodating.

I will revert to the Minister, Deputy Ryan. Obviously, two years is a very long time in connection with something as pressing as this. I will revert to the Minister and come back to the Senator in due course.