Senator Higgins raises concerns about rollback on safety in new Merchant Shipping Bill

Maritime Service Vessel
Maritime Service Vessel

Senator Alice-Mary Higgins has raised concerns in relation to new Government legislation which will regulate offshore service vessels including those that will construct, maintain and operate any future potential offshore LNG terminals. Senator Higgins has described the Bill as a “worrying rollback in previous safety regulations” as it contains no obligations on the Minister to deliver operational safety rules. Responding to Senator Higgins in the Seanad, Minister Sean Canney stated that “it may not be practical” to apply rules under internationally agreed safety conventions to smaller vessels that may be involved in industrial activity concerning offshore fossil fuel infrastructure. 

The Minister has suggested that the Merchant Shipping (Investigation of Marine Accidents) Bill is focused on the Offshore Renewable Energy sector and that the offshore service vessels described in the Bill will typically be crew transfer vessels or other maintenance vessels for offshore wind turbines. However, the definition of “offshore industrial activity” is much wider explicitly includes the “hydrocarbon energy sector” encompassing all manner of fossil fuels including any potential LNG facility.

 Last month, the Government indicated a U-turn towards support for the introduction of controversial offshore LNG facilities. The LNG being stored and processed in Ireland would include dangerous fracked gas, imported from America. The regulations contained within the Bill currently before the Seanad will determine the safety rules for the vessels that would be involved in the construction and servicing of these facilities.

 Previous Merchant Shipping Acts have required that the Minister “shall” make rules that are needed to comply with SOLAS, the international Convention for Safety of Life at Sea in relation to relevant vessels. In this Bill, the word “shall” has become “may”. Worryingly, the legislation allows the Minister to exclude entire classes of service vessels from any regulation.

 Senator Higgins said: “Despite this new legislation being required due to the introduction of a new chapter of the SOLAS Convention, the Bill contains no firm obligation to make rules that will comply with SOLAS. It is particularly concerning that the Minister has stated that it may not be practical to provide the provisions of the Convention in all circumstances. The potential exemption of entire categories of vessels from regulations is particularly worrying. Historical precedent clearly illustrates risks associated with offshore fossil fuel activity.”

 Senator Higgins continued: “The Whiddy Island disaster showed the tragic consequences that can occur when safety standards are not properly applied. Between 1968 and 1979, there were 33 oil spills recorded at Whiddy Island. Some of these incidents involved small vessels such as those covered by this legislation. On 10th January 1975, a tugboat collided with a tanker releasing 115,230 gallons of heavy fuel oil into the Bay. The Harbours Act 1976 was introduced to regulate the activity of these vessels however sections concerned with enforcing safety were never implemented. On the 8th January 1979, the oil tanker Betelguese caught fire and exploded. 50 people died and over 1 million gallons of oil was released into Bantry Bay.”

 Civil society groups, including Not Here Not Anywhere and Frack Action, have highlighted safety concerns associated with LNG terminals. Terminals can malfunction. If a leak occurs, it forms a cloud of low-lying natural gas that drifts until it hits an ignition source, even simple static electricity, and bursts into flames. These fires can cause 2nd degree burns up to 2 miles away. If liquefied natural gas is spilled on the ground, it can turn into a rapidly expanding odourless cloud that can flash freeze human flesh and asphyxiate.

 Senator Higgins concluded: “I have been consistent and clear in my opposition to the introduction of LNG infrastructure in Ireland, not only because it acts as an accelerant in terms of climate change but also because of the environmental and human risks that such infrastructure carries for the public. I am urging the Government to think of the future and learn from the failures of the past. If they do proceed in this new ill-advised direction, it is critically important that such infrastructure is strictly regulated. The Bill will return to the Seanad and I will be bringing amendments to change “may” to “shall”, to ensure future regulation will comply with internationally agreed maritime safety rules.”

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