THE Minister of State for the Marine has denied that differences had arisen within the Government over a new ban on nuclear powered ships.
The ban on all such ships bound for Irish ports and harbours is subject to specific approval by the Minister for Foreign Affairs where foreign navies are involved.
The measure, which also applies to vessels carrying radioactive material, is contained within the 1996 Harbours Act signed by the President, Mrs Robinson, last week. It gives legislative support for the first time to the State's non nuclear policy, the Minister, Mr Gilmore, said yesterday.
Mr Gilmore confirmed that concerns raised by the Department of Foreign Affairs had delayed the legislation, but said there were other contributory factors. A stipulation that the Government, rather than individual port authorities, would apply the ban to foreign navies was inserted at the request of that Department. This was a constitutional issue, Mr Gilmore said, referring to the Constitution's stipulation that relations between states were a "competence of government".
While the Act empowers a harbourmaster to refuse entry to such craft, it states that this shall "only apply to a vessel of the naval service of a state (other than the State) with the prior consent of the government". Mr Gilmore denied there was a loophole in this. However, Green peace Ireland said yesterday said it fell short of a blanket restriction, which would have removed "ambiguities" in the legislation.
A spokeswoman for the Minister for Foreign Affairs confirmed that an agreed amendment had been made by the two Departments when the Bill was going through the Seanad. It was intended to make clear that the regulation of foreign navies was a matter of "external relations" and was intended to restore the status quo, she said.
Another late amendment to the legislation widens the definition of radioactive materials to those defined within the International Maritime Dangerous Goods Code of the International Maritime Organisation. The original version referred to goods defined by the Radiological Protection Institute of Ireland while it covered dangerous goods on board, it did not apply to the ship itself.
Last year, Mr Gilmore instructed Dublin Port to refuse entry to a commercial vessel which was carrying nuclear materials bound for Sellafield in Cumbria. He has also sought to add nuclear materials to an EU directive on trans-national notification of hazardous cargoes. This would be raised during Ireland's EU Presidency, Mr Gilmore said.
The legislation will not apply to the US aircraft carrier, USS John F. Kennedy, which is due to visit Dublin for three days in July. The 80,000 tonne aircraft carrier will lie off Dun Laoghaire. Up to 10,000 visitors are expected to be ferried out to the craft. The US Embassy has said it will not be carrying nuclear weapons.
The main thrust of the Harbours Act is to relax Ministerial control of the State's ports, while increasing accountability for operational and financial performance. The new legislation provides for the establishment of commercial State companies to run the ports of Arklow, Cork, Drogheda, Dublin, Dundalk, Galway, Foynes, New Ross, Shannon, Waterford, Wicklow and Dun Laoghaire.
. Greenpeace Ireland called on Mr Gilmore yesterday to ensure that an Australian nuclear fuel shipment bound for Scotland this week did not pass close to the Irish coast.
The cargo of highly enriched uranium fuel from the Lucas Heights research reactor in New South Wales, Australia, is bound for Dounreay in Scotland, and is due to dock early next week, Mr John Bowler of Greenpeace Ireland said. The fuel shipment was being transported on a non purpose built ship, he said.