Retrospective oil pollution compensation
Deasy asked whether legislation ratifying the oil pollution conventions would apply retrospectively to protect recent claimants. Faulkner said it would not, arguing existing law protected claims and citing TOVALOP and CRISTAL funds, which he said covered up to $36 million per incident.
asked the Minister for Tourism and Transport if, when introducing the promised legislation to ratify the International Convention on Civil Liability for Oil Pollution Damage, 1969, and the International Convention on the Establishment of an International Fund for Oil Pollution Damage 1971, the legislation will be made retrospective to safeguard the claims of fishermen, tourism interests, and any others who suffered losses as a result of the recent pollution.
Comment on this
The legislation to enable this country to become a contracting party to the two conventions in question will not be made retrospective. I am advised that the conventions themselves cannot be applied retrospectively and that our domestic law does not need to be made retrospective as claims for compensation for losses suffered as a result of the recent oil pollution are adequately protected by existing law.
Comment on this
The Deputy is aware that there are two funds, the TOVALOP and CRISTAL schemes, from which the money can be made available.
Comment on this
Even on an international basis? Is the Minister aware that the funds became exhausted in the case of the Amoco Cadiz disaster?