Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 27, lines 10 to 12, to delete all words from and including "ship." in line 10 down to and including "offence." in line 12 and substitute the following:
"ship to which it relates.
(9)Where the is a failure to comply with subsection (8),the owner or master of the ship concerned commits an offence and is liable on summary
conviction to a class C fine.".

Amendments Nos. 2 to 4, inclusive, and 15 relate to section 23 which deals with the issue of temporary registration of recreational craft under 24 m in load line length. Section 24 deals with the issue of visitor registration; section 28 with the certificate of registry and section 64, summary penalties.
Amendment No. 2 proposes technical amendments to section 23(8) and (9). The amendment to subsection (8) makes it clear that the certificate of registry of temporary registration must be carried on board a ship to which the certificate relates. When a vessel is temporarily in Irish waters and its owner has registered it in the register that the Bill is enabling and updating, the amendment makes it clear that the certificate must be carried on board the ship and that it must refer to the ship for which it has been granted. The wording of subsection (9) is being revised in the interests of clarification to provide that the penalty on summary conviction is a class C fine, that is, a fine not exceeding €2,500. This approach is consistent with the provisions in relation to non-compliance with the certificate of registry requirements generally, as contained in section 28(12) of the Bill which also provides for a class C fine on summary conviction. For all of the potential convictions in respect of the temporary registration of craft, we are ensuring a similar sanction will apply, that is, a class C fine.
Section 23 allows qualified persons who normally live on the ship and purchase a recreational craft under 24 m in length outside the State to register the recreational craft on a temporary basis for the purposes of bringing it from abroad to a port in the State. This provides a facility for ship owners as they may be required to be registered when operating in certain waters. Subsection (8) requires that the certificate be carried on the ship at all times. Subsection (9) provides that where this does not happen, the owner or master of the ship will be held responsible for the offence.
Amendment No. 3 refers to section 24(6) and clarifies that the penalty for an offence in this area is a class C fine. Amendment No. 15 amends section 64 to add references to section 20(9), section 23(9) and section 24(6) to the saver provision. This provides that, except when provided otherwise in particular sections of the Bill, summary conviction for an offence under the Bill will result in a class A fine. These sections listed in brackets in section 64 provide for fines other than a class A fine. They provide for class C or D fines, €2,500 or €1,000, respectively, on conviction or higher fines on indictment. Amendment No. 15 adds references to sections 23(9) and 24(6) which provides for a class C fine on summary conviction and a fine not exceeding €50,000 on conviction on indictment.
Amendment No. 4 is a technical amendment which reinforces the meaning of the word "ship" in section 28(2) to make it clear that it is the owner of the vessel or ship, in respect of which the certificate of registry has been granted, who may apply to the Minister for an extension of the certificate concerned.