John Perry (Sligo-Leitrim, Fine Gael)

I congratulate the Minister of State on his very comprehensive overview. The Bill is to be broadly welcomed. It has been in the pipeline for so long that it is good to see it being considered in the House. I hope it will be implemented as quickly as possible. I welcome the amendments made to the Bill in Seanad Éireann on 20 April and the Minister of State's indication that further amendments are to be made.

Although the Bill contains certain welcome provisions, by no means does it achieve what is required. Ireland is an island nation and, as such, needs to respect the sea as well as use it to its advantage.

On the Irish national seabed survey, the Government authorised a seven-year £21 million survey of Ireland's seabed. Data acquisition began in 2000 following a year of intensive planning. Those involved are at the cutting edge in terms of realising the potential of the coastline. The Irish national seabed survey encompasses an area that is approximately ten times the size of Ireland's land area and represents one of the largest seabed-mapping projects undertaken anywhere in the world. Maps that result from the survey are a prerequisite for the policy evolution, management and sustainable development of Ireland's marine resources. The Geological Survey of Ireland is managing the survey.

Ireland's seabed area is a resource of major significance to the nation's future. The survey is the first attempt to understand this resource. Funding has been curtailed in this area in the Estimates. I had the opportunity to meet the survey team last week and was very impressed with its work and the way in which taxpayers' money has been spent. Bearing in mind that those involved have cutting-edge technology and have done a survey 700 miles from the coast, I appeal to the Minister of State to take the great opportunity that presents itself to ensure the valuable work undertaken to date is not shelved.

Given that we are an island nation, the opportunities that exist to develop the coastal communities and the fact that we are in a position to consider the development of aquaculture 100 miles off the coastline, it is critically important that the funding that has been in place since 2000 be maintained and that the seabed survey be continued.

As an island nation, we need to respect the sea. The work done to date will serve as a great asset in helping us gain an understanding of the difficulties and opportunities that arise in respect of the area encompassed by the survey, which is ten times the size of Ireland's landmass. The area represents a considerable natural resource and it is important to get the work done.

Accidents at sea and on our inland waterways have resulted in awful tragedies during the years. It is about time legislation reflected the need for provisions to prevent them. In 2003 there were 51 accidental deaths by drowning, one of which included a young boy under the age of four.

In the five years preceding 2004, 30 children were the victims of accidental drowning. We need legislation to prevent deaths in our waters; that is the bottom line. Safety should be our number one concern. This Bill addresses concerns in this area. The Minister extended provisions regarding the licensing of boats, which is to be welcomed. It represents sensible planning because there is considerable pressure regarding the timescale.

We must also appreciate that, as an island nation, we can use the sea and our waterways as an economic resource. The best way to achieve a high level of safety is through strict enforcement of the rules and regulations that govern the sector rather than through excessive regulation that may damage a vibrant marine culture.

With regard to the definition of harbour authorities and the delegation of responsibilities, it is important that inland waterways and harbours under the control of Iarnród Éireann are being included. It is important that all bodies concerned, including harbour authorities, will be subject to the same regulation. That the legislation will not just apply to coastal areas but to inland waterways represents a very good and welcome move.

While I welcome the new penalties the Bill introduces, every effort should be made to avoid needless bureaucracy and regulation. The measures are effective and simple and those in authority have the power to implement them. I cannot emphasise enough the importance of regulation and safety. However we need regulations that can be enforced instead of having too many that go unheeded.

It is vital that we actively seek to attract tourists and promote aquaculture. To do so, we must be perceived as a country with a good safety record in this area. While our safety record is not appalling, it is not exemplary. Statistics show our record to be much worse than that of the United Kingdom, which consistently tops the maritime safety table.

One death in our waters is too many. Such a death can cause inconsolable grief and heartache. One Michael Davies who turned his family tragedy into a struggle to prevent something similar happening to other families has become exhausted by his efforts to ensure Government policing of adventure centres. A Bill addressing this matter was to be signed into law but it was never done. Mr. Davies' son Ros died after a canoeing accident in 1995. He was only 14. Since his death, his father has tried constantly to get the Government to take action to prevent such tragedies from happening again. After meeting Mr. Davies in February of last year, I noted that he was quite disappointed. He should be acknowledged and applauded for his courage in bringing this issue to the fore. He reeled off a litany of bad promises on the part of the State since 1995.

Senator Finucane presented a Private Members' Bill in 1998 on activity centres which sought to regulate adventure centres providing services to minors. The then Minister for the Marine, Deputy Woods, said the Government would not support the Private Members' Bill and instead would produce bigger and better legislation. Nothing happened until 2001. That year certain adventure activities in Ireland were regulated by the Adventure Activities Standards Authority. This was to be a separate body to govern adventure sports through codes of practice, regulatory schemes and a national register of operators.

It is important to know the Minister of State's intentions in this regard. I am certain he indicated that this would be a phase in many of the changes that he intends to bring in. The appalling tragedy witnessed this week in County Meath clearly indicates that one cannot act quickly enough as regards regulations and their enforcement. Any loss of life in this manner is appalling. It is therefore critical to have the Maritime Safety Bill in force. Unfortunately, it will not be enacted before September. People will need to avail of life-jackets and all other available supports during the summer months when most accidents happen. It is regrettable that the Bill will not be enacted before the summer but I know the immediate campaign planned by the Minister of State is of critical importance. People do not normally draw parallels between road accidents and those that occur among coastal communities, which can be equally as horrific.

In 2001, the then Minister for Marine and Natural Resources, Deputy Fahey, said he would have this Bill up and running in eight weeks. Nothing has happened. When Deputy Dermot Ahern stepped into the role of Minister, likewise he did nothing either. Adventure centres provide activities with an element of danger, often in hostile locations, to a clientele compromising for the most part children and teenagers on school trips. The adventure centres want this authority to be established as it will have a positive effect on standards within the sector. It will give adventure centres a better name, which will further attract tourists from at home and abroad. Few people are keen to go on an adventure holiday in a country which has no regulations in place to deal with the negative sides of the industry. Considering the beautiful landscape and the wealth of waterways we have in Ireland, adventure centre holidaying could become a vibrant part of the tourism sector.

The public feels badly treated and does not deserve to be served in this way by the Government which has ignored safety issues as regards adventure centres. I am glad the Minister of State has indicated that he is looking at this area.

The authority will facilitate the creation of a register of all adventure activities in Ireland. It would involve a provision whereby any operator who knowingly gives false or misleading information to the authority for the purpose of entry in the public register will be guilty of an offence and liable to a fine and prison sentence. The proposed legislation would empower the authority to initiate an investigation into any incident or accident relating to adventure activities and to publish a special report based on this. The purpose of the Bill is to strengthen the law against the improper use of mechanically propelled personal water craft, jet-skis and other recreational craft of at least 2.5 m and not more than 24 m in waters in the State or the areas around it. It also seeks to update penalty provisions of certain related Acts. The proposed strengthening of the law against the improper operation of fast power water craft of the types in question in Irish waters will significantly enhance public safety and protect natural and other heritage areas. Tourism and leisure industries will benefit from the stopping of nuisances by such craft. A code of safety is critically important in this regard.

The Maritime Safety Bill will introduce a number of solid measures. It has elements which will not only enhance public safety but also provide for the care and protection of our natural heritage areas. Sections 21 and 22 complement each other, making a clear provision in legislation prohibiting persons while on board a vessel in Irish waters and Irish ships in waters anywhere from consuming alcohol or drugs or both which could endanger other persons on board or cause a nuisance. It is amazing and horrific to reflect that prior to this Bill no such provision existed to deal with this issue. A person heavily under the influence of alcohol, driving a boat on the Shannon, for example, could be the cause of a fatal accident in an area where young families frequently holiday. Fines and prison sentences will be put in place for those caught in such breaches. Spot checks will be vital in the enforcement of this provision. As with the roads, we need to be vigilant and create a culture whereby it is deemed unacceptable to be in charge of a boat when under the influence. The use of spot checks and further deterrents will be imperative.

I hope when this legislation is enacted, the Minister of State, Deputy Gallagher, will ensure the right signals are sent out and that there will be a serious clampdown on operating boats while under the influence of alcohol or drugs. Other provisions which will tie in with the issue of dangerous conduct are in sections that prohibit and penalise disruptive behaviour on vessels. We must once again look at the importance of the tourism industry. It is vital that people feel safe, not only with their own equipment, but holidaymakers must also believe dangerous behaviour from other vessels will not impinge upon them. This is how the tourism industry in this area may be grown — by ensuring better standards of safety on our waters.

Other provisions included in the Bill involve making it an offence for anyone to endanger a vessel or other persons on board. It is an offence for anybody to wilfully disrupt safety procedures on a vessel and it will be an offence to disobey instructions given to safeguard life. All these measures are subject to penalties on conviction in a court. Such penalties involve fines and possibly prison sentences. While it is important to have comprehensive legislation of this type, the enactment and operation of it, however, along with the level of financial support are paramount. Perhaps the Minister of State might indicate what level of funding is proposed and whether any financial requirement will be needed from the Exchequer to implement the Bill's provisions. Does he propose a Supplementary Estimate in line with the increased resources that are needed? It is important to know this, because everything costs money.

We need to send a clear message that those who approach our waters with the intention of being reckless towards lives and vessels will not be tolerated. Strengthening the law against the improper use of fast powered water craft in Irish waters will significantly help in the protection of natural and other heritage areas. Tourism and leisure businesses will also benefit from the stopping of nuisance by such craft but it is to be welcomed that provisions will be included in the Bill which will fill a gap in the law to protect natural heritage areas and our underwater archaeological heritage against damage or interference by high powered watercraft. This is important.

Ensuring the safety of lives is at the core of this Bill, but we must acknowledge and respect our underwater heritage which many neglect to remember. The areas around our coast contain a wealth of plant and fish life and we must come to appreciate the existence of such when we plan new legislation which affects underwater life.

Archaelogically, we must also appreciate the existence of important artefacts which may lie beneath our waters and which may be open to interference from watercraft. I am pleased that this gap in the law has been filled. I have no doubt that funding in this area, such as that for the national seabed survey, will be examined.

I note that a fine not exceeding €5,000 or imprisonment for a term not exceeding three months is provided for breaches of the Bill where a person crewing a vessel is found to be intoxicated. Persons convicted of recklessly endangering the safety, security or seaworthiness of those on board could face fines of up to €100,000. Such provisions are welcome. The provision whereby authorised officers can arrest a person in command of a vessel on suspicion that he or she has consumed alcohol is also welcome.

It is important that the law is enforced in that much partying can take place on leisure craft that dock in, say, towns along the River Shannon. There is an onus on the owner of a vessel to make sure that the vessel is kept in good order. The fact that spot checks can be carried out on such vessels by officers is vitally important.

The Bill, when passed, may provide for the making of regulations dealing with safety equipment which vessels must carry. There is also a measure to ensure that pleasure craft, including jet skies, do not cause a disturbance or create a nuisance. The legal requirement to have safety equipment on board in terms of the licensing of boats is important. There is also a stipulation in terms of the courses that must be undertaken by skippers. It is provided that before people can hire a boat they must have completed the necessary training. I presume they must have a licence to operate a boat and it is important that they are required to be familiar with the use of safety equipment on the vessel. People who would go out to sea daily or weekly would know how to operate all the safety equipment, but it is important that people who take a holiday on a pleasure craft or take a cruise are familiar with the flare system and that in the event of a tragedy they are able to operate the radio system. There are many risks associated with such pleasure craft and it is important people are aware of them and can cope in the event of an emergency.

It is important that there is provision for the control of jet skies. They can cause many problems in our inland and coastal waters and at seaside resorts. Control of the use of jet skies is an issue that frequently comes before local authorities. Does the Minister of State intend to delegate responsibility to local authorities in coastal communities to regulate the use of jet skies? A by-law to cover the control of their use could be introduced by regulation. Such responsibility could be delegated to local authorities which could enforce such a regulation in coastal areas such as Rosses Point, Strandhill or Enniscrone where it could be difficult for the Department to police compliance with such regulation. This Bill will strengthen the existing regulatory system with provision for on-the-sport fines and the imposition of penalties. At the point of sale of such material where boats are berthed, it is important that notice of the fine that may be incurred is displayed.

Such regulation must be kept simple for it to be effective. If there was a ten-point plan in terms of regulation, people who would hire a boat in, say, Carrick-on-Shannon would be aware that it is their responsibility to comply with those points. While television advertisements on marine safety is important, it would be a good initiative to display in all coastal communities, seaside resorts, inland waterways and marinas where people hire boats a simple code of conduct issued by the Department. That would indicate that the Government is doing its job in regard to marine safety. It cannot monitor every issue but it can set standards.

The Bill provides for the forfeiture of craft and disqualification from use by offenders. That is an important provision. While 90% of people comply with the law, it is important to occasionally prosecute people in breach of it. People often ask whether there has been a prosecution under this legislation, and on checking it I found that there has never been such a prosecution. It is important that the Minister is fair and takes a firm line. If there were one or two prosecutions on foot of the forfeiture of a craft, it would be amazing how quickly word would spread that the Government is serious about enforcing the provisions of this Bill.

The primary purpose of the Bill is to enhance public safety in terms of these amenities and protect natural and other heritage by strengthening the law. That is to be welcomed. The Minister of State knows the subject matter of this Bill very well and I am delighted he has introduced it. During his tenure, it would be welcome if he introduced one or two important Bills that would benefit future generations. In that context, we can take account of best practice in the UK and other waters. We have a rich economy where some people have money to buy leisure craft. This area is a major growth industry, particularly having regard to the development of our inland waterways, although the Minister is confined in the funding available for such development.

Such development comes down to the issue of money. When account is taken of the voted Estimate for the Department and the planned development of marinas, inland waterways and coastal communities, I realise that the Minister of State's job is difficult. The allocation for the Department is due to be discussed next week at a committee. The allocation has increased, but from a low-funded base it is difficult to bring about meaningful change in regard to the major responsibilities of the Minister of State and the demand for such change. Where there are opportunities to develop inland waterways, marinas along the coast and acquaculture, it is important to build in safety provisions. If such proposals are brought to Cabinet, it could be pointed out that they would represent value for money. It is important that when such proposals go to Cabinet there is a high expectation in respect of them.

The Minister of State was in Rosses Point last week, but unfortunately I was in Carrick-on-Shannon watching Sligo being beaten by Leitrim, otherwise I would have been there also. The marina development at Rosses Point is needed to develop its tourism potential. Boating is not an elitist sport but an activity in which a great number of people, who may travel around our coast to, say, Rosses Point, have an interest. It is regrettable that the opportunity to develop this area was lost, to a great degree, and the programme for such development was shelved by the Government with regard to the enactment of an EU co-funded scheme. Perhaps the Minister of State will indicate whether he plans to re-enact that EU scheme providing for marina development funding, which was originally approved by Europe for the possible development of marinas on the island of Ireland. Such development could link in with the tourism bodies. When talking about safety on our waters and on inland waterways, it is critical we provide amenities. I am certain there would be much appreciation for so doing. People often forget this is an island nation and the level of resources needed to fund this critical Department, particularly when one considers the various headings in the Estimate.

We should realise how critical the marine sector is to the economy. The growth in the economy has been driven by information technology but we must have a new focus over the next ten years. A natural resource such as the marine, the coastal communities and what they can offer the economy in terms of additional revenue will be substantial. The Minister of State certainly needs more resources and I am quite certain this Maritime Safety Bill will require a financial commitment. Perhaps the Minister of State might indicate whether he intends to get additional funding from the Exchequer to implement it.

I welcome the code of practice on the safety of vessels of under 15 m, which was introduced last year and the fact the new sea fishing boat licences for vessels in this category are issued only when a declaration of compliance with the code of practice, following a survey of the vessel, is provided to the licensing authority. Vessels' owners must comply with the requirements but there is a difficulty in doing so before the cut-off date in June. The Minister of State, however, has indicated that he intends to extend that period, which is important.

The Minister of State wants a more focused and clearer safety regime for sea fishing boats. It is important we encourage owners of small fishing vessels and that we do not drive them out of business. Although we see small companies, third generation businesses and families which have been fishing for generations, it is the big guys who survive. It is important regulation is fair and that support is given to families which have been fishing for generations. Certain incentives should be provided to maintain that unique culture. Over-regulation would be regrettable if it meant such fishermen had no option but to leave the industry. The Minister of State has considered the possibility of providing supports. It is important the economy does not forget that small can be profitable and that family traditions should be maintained. The Minister of State has an appreciation of that given what he has done here and by extending the timeframe within which to comply with the requirements. It is certainly welcome. I have no doubt there will be total compliance in order to obtain the necessary licences and safety equipment, which is critical. I reiterate what the Minister of State said that life jackets are critical.

I was disappointed to miss the occasion at Rosses Point. Having been there, the Minister of State will agree it is a fantastic location. It has considerable potential and I sincerely hope funding will be allocated for a marina in the future. I am delighted the Minister of State is moving with Sligo County Council in regard to Sligo Port. It is long overdue. The local authority will be obliged to take over Sligo Port. When one sees the dereliction of the port and the considerable opportunities for development, delegating the responsibility for the port to the local authority and providing concessions to private enterprise to develop what could be a major asset for Sligo is important. I hope the Minister of State will pursue it, as it has been discussed before. He should ensure the local authority takes over this statutory responsibility and prepares a business plan, which will enhance the opportunities for Sligo.

See this speech in context