Written answers

Wednesday, 31 October 2007

Department of Justice, Equality and Defence

Employment Rights

9:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 526: To ask the Minister for Justice, Equality and Law Reform the proposals he has to ensure that seafarers are paid their full wages due to them if their ship is arrested and sold (details supplied); and if he will make a statement on the matter. [26486/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I understand that the case giving rise to the Deputy's question is listed before the Admiralty Judge. As the matter is sub judice, the Deputy will appreciate that I am not in a position to make any comment on the case in question other than to indicate the following by way of general information insofar as my Department may be concerned with the law that operates in this area.

In relation to admiralty proceedings generally, the High Court (sitting as the Admiralty Court) may make an order for a ship to be arrested. The High Court can also order that a ship be sold by public auction. The proceeds of the sale will be paid into court and dealt with as the Court orders. In the period between the order for arrest and the sale the Admiralty Marshal — an officer of the Court — arranges for the ship to be berthed and has power to make payments for such essential outlay as food and lodgings, if necessary, for the crew of the ship. The priority of claims against the proceeds of the sale of the ship is a matter for the Admiralty Judge.

While I have no proposals for change at present, the operation of the law in this area continues to be kept under review by my Department.

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