THE south west fishing port of Castletownbere, Co Cork, has been hit by tragedy yet again this week. Danny "Boy" O'Driscoll (42), who lost his life after the collision and sinking of his trawler, was buried yesterday. That he should have died on a clear, calm day within ten miles of the coast, makes it even more difficult for his family and friends to come to terms with the tragedy.
The circumstances surrounding the incident are still unclear. The British registered 32 metre Spanish longliner, Sea Horse, which collided with Mr O'Driscoll's 16 metre Exodus, was not licensed to fish in that area, and had a record of two previous detentions by the Naval Service in Irish waters. The vessel was, apparently, not fishing but bound for either Milford Haven or Pembroke. What it was doing so close to the coast is, as yet, a mystery. It had neither gear nor fish in evidence when inspected by marine officials.
Early claims about the cause suggested autopilot failure. The Exodus was trawling at the time and would have found it difficult to take the necessary action against a larger steel hulled ship heading its way. It appears that Mr O'Driscoll sacrificed his chances of survival in the interests of ensuring that the boat's precise position had been given in his VHF radio alert.
Whatever the outcome of the official investigation some significant factors emerge. Firstly, the vessel was a flagship a flag of convenience vessel, registered in Britain to avail of that EU member state's fish quota Efforts by Britain to prevent the craft from availing of this loophole were found to be illegal under the terms of EU membership, and the European Court of Justice ruled that Anglo Spanish flagboat owners were actually entitled to compensation for the period that they were removed from the register. The European Commission has acknowledged that the loophole is a problem, at a time when member states are under pressure to reduced the size of their catches and cut the tonnage of their fleets.
Secondly, the fact that the incident occurred within Irish territorial waters gives the State investigators a free hand to act. There is no evidence as yet to suggest - that it was anything but accidental. However, as the Irish South and West Fishermen's Organisation has pointed out this week, deliberate rammings and collisions outside the 12 mile limit are an increasingly frequent occurrence, due to conflicts over different methods of fishing gear. The organisation has submitted a detailed record of sworn statements concerning collisions, most of which occurred outside the 12 mile limit and are, therefore, civil offences. The Naval Service is not empowered to act. Its influence is purely moral, as this State has not ratified international legislation on piracy at sea.
And finally, when will the official investigation be published? It is over two years since the last report of a marine accident was released by the Department of the Marine, albeit edited to conform with legal constraints. To date nothing has been seen of the reports on the loss of the Carrickatine and the Jenalisa. It is to be hoped that the anguish felt by those who were bereaved this week will not be compounded by any unnecessary delay in the publication of the report into this latest incident.