Jerry Cowley (Mayo, Independent)

I wish to share time with Deputy Cuffe. I welcome the Minister of State's Bill and congratulate him on bringing it forward. It is strong legislation and many groups are anxious to see it enacted. The Irish Water Safety Association submitted a report and much of it was adopted by the Minister of State.

The lack of regulation of recreational craft has been a problem. Local authorities have sat on the fence in this regard and by-laws have not been produced to manage the use of jet skis and other activities which have been causing trouble and conflict on lakes, rivers and beaches. People mean well but these craft can destroy the peace of an area and the introduction of regulations will help the matter. The Local Government Act 1994 empowered local authorities to produce by-laws but this was not done. This Bill will help introduce stronger legislation, standardise existing legislation and fix speed limits for water craft.

Ireland is one of the most legislated countries in the world. It is often a case of a lack of enforcement of legislation. If a law is not enforced, it is not a law worth having and the existing legislation led to very few convictions. If this legislation is not enforced, it will make very little difference in saving lives. A consultation process for those who have made submissions could be set up to enable them inform the Minister of State on the implementation of the legislation. I suggest this could be considered in future.

The United Kingdom has a very good record on water safety even with very little legislation. This is because the public has been educated in water safety. We need to improve our water safety education if young people are to avoid being drowned. The State has an obligation to ensure that legislation is enforced in a fair manner. The public must understand the law so that it is not, if the House will forgive the pun, at sea regarding regulations. I suggest a media campaign to raise awareness and schools should be properly briefed.

The primary schools aquatic scheme, PAWS, was launched in 2003 by the Irish Water Safety Association. The only funding available to the scheme was from Captain Birdseye. There is a need for support for those doing their best.

Cumann Bádóirí Acla is my local club. Bímid ag seoladh ins na yawls. Tá suim mhór againn sa gcultúr agus fresin i ngach rud a dhéanamh i gceart. We are anxious to do things properly. We have had to enforce our own standards. Nuair a thosaigh muid leis na yawls, bhí a lán daoine ag dul amach ar an fharraige agus deoch orthu. Níl sé sin ag tarlúint anois, mar chuirimid stop le rudaí mar sin mar tá dainséar mór ann. We went out of our way in the yawl movement in Cumann Bádóirí Acla to ensure the regulations were enforced and that nobody who had been drinking went on the water. Many of the sailing associations have followed their own codes of conduct. They have safety boats and rules about water safety. Insurance must be taken into account when holding festivals and everything must be done in a proper manner or the insurers will not insure the event. I welcome the Bill. The Minister of State must keep all the sailing associations on board and should engage in ongoing consultation with them.

It is important to control young people on jet skis. These can be dangerous and have caused fatalities. This relates not just to their nuisance value but also to the potential danger they can cause. That is not to say that they should not be used; they are very welcome in the appropriate setting.

The Bill caters for non-organised activities of the casual water user. With more boats on the water it makes this type of legislation essential. However, sometimes we can go overboard with legislation and the Minister of State must ensure that this is not used unfairly. The point was made earlier that these regulations could be used to discriminate against a person's crew. It needs to be carefully monitored to ensure it works fairly. We need an ongoing monitoring and consultation process to ensure that necessary changes are made.

Section 19(2)(g) states that the Minister may, by regulations, make such provision as the Minister thinks necessary and may: "regulate or prohibit the towing of anything (other than fishing nets) by or from fishing vessels or fishing vessels of a specified class." When the weather gets rough, yachts that cannot sail back from Clare Island need to be towed back and a trawler is often used so that sailors are not left in danger of life and limb on the open Atlantic. I ask the Minister of State to reconsider the section. While I may consider tabling an amendment, I will listen to the comments of the Minister of State at the conclusion of Second Stage. The Bill may contain other such provisions, which would take away from it.

While the Bill will lead to more bureaucracy, it should be implemented in a sensible and logical way without interfering with people's right to go about their business. I agree with the need to ensure that people do not go on the sea in an intoxicated condition. People should be prohibited from going out on a craft that is not seaworthy. If this happens we need a means to put this right in the interests of safety. We need to ensure that a person who operates a vessel under the influence of alcohol or drugs such that he or she is a danger to himself or herself and others cannot continue to do so. The waterways of Ireland and our seas need this kind of regulation and I welcome that aspect.

The new maritime safety regulations have left bad taste in the mouths of fishermen along the Mayo coast, particularly in Belmullet. While that is not what we are discussing, I ask the Minister of State to comment on it. While we all agree with the need for safety, coastal communities depend so much on angling tourism that if they are to survive changes need to be made on sea-angling regulations. In June 2003 the all-Ireland master sea boat championship could not be held as a consequence of the Merchant Shipping (Passenger Boat) Regulations 2002 and the unavailability of licensed sea angling boats. The competition is the jewel in the crown of the federation's activities in the year and was of an enormous benefit to the area from an economic, social and prestigious aspect.

Three major international sea-angling competitions take place between June and August around Belmullet, which attract up to 150 boats in each competition. In former times regular fishing craft used to take up to eight anglers to Broadhaven Bay for the competition. Commercial boats may no longer carry passengers resulting in the scaling down of the competitions that attracted so much tourism to the region. Only four vessels can now be used to ferry anglers to the competitions with the result that fewer than 40 anglers can enter the competitions. In the 30 years the competitions were held in the region no accident ever took place because the boats always departed together and sailed within a few hundred metres of each other. Each boat was required to have an angling captain and each fisherman was obliged to wear a life-jacket.

The problem relates to the availability of licensed sea-angling boats. It would be dangerous to bring in outside licensed boats with skippers who do not know uncharted local hazards. The cost would also be prohibitive as the daily charter fee would quadruple. In the past seaworthy boats were always used and carried adequate safety equipment. Complying with the rules laid down by the regulations will result in the end of sea angling in the area. The loss will be major as the estimated value of sea-angling tourism as reported by the ESRI in 1998 was approximately €40 million. While we all favour safety at sea, these regulations have a major effect on sea angling. The same applies in Mulranny where I was involved in founding the sea-angling club and where our competitions have not taken off as a result of the regulations.

Small drift and draft net fishermen are being squeezed out because of the Government's failure to buy them out. Commercial interests, including owners of rivers, are profiting greatly without any input. I welcome the Bill, which will be very important for safety at sea. Those of us involved with the sea warmly welcome the Bill, with the reservations I have pointed out. I ask the Minister of State to consider having an ongoing consultation process on the implementation of these regulations. The power of arrest of suspected offenders without warrant is a very strong power. The Bill provides that an arrest may be made by a person in uniform who is suitably trained for the purpose, following which the arrested person must be handed over to the Garda as soon as possible. The term "as soon as possible" needs to be defined. I understand that such situations may arise with no member of the Garda Síochána available to make an arrest and this allows for such an arrest to take place at sea. More safeguards are needed to ensure everything is done according to the law. I welcome the Bill with the provisos I have mentioned.

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