We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Ceisteanna—Questions. Oral Answers. - Bantry Bay Pollution.

Retrospective oil pollution compensation

Summary

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

Does that pertain even if the offending party happens to be from a foreign State?

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?

Comment on this

My information in relation to it is that the money is there and the fund provides for payment up to 36 million dollars for any single pollution incident.

Comment on this