Dáil debates

Wednesday, 1 June 2005

Maritime Safety Bill 2004 [Seanad]: Second Stage (Resumed).

 

4:00 pm

Photo of Martin BradyMartin Brady (Dublin North East, Fianna Fail)

As a Deputy representing a coastal constituency covering Howth, Sutton and Baldoyle, I congratulate the Minister on bringing forward this legislation which represents a decent effort to curb activities of mechanically propelled watercraft and which will regulate an element of our leisure sector which needs to be brought into line with modern thinking and living. I accept the point made by Deputy Boyle concerning inland waterways where the activities pursued are just as dangerous as those at sea and elsewhere.

This problem has grown over the years in part because people are looking for more adventure in their leisure time, have extra leisure time to spend and have the resources to purchase and maintain expensive craft of a wide variety of designs, from speedboats to personal watercraft, better known as jet skis. Everybody is entitled to do that but this sector must be regulated in the interests of safety and for the enjoyment of the majority, given the many incidents, some fatal, in the recent past. I am not enthusiastic about regulating every element of our lives but where health and safety is concerned, where the environment is at risk and where people feel they can do what they like without regard for others, we have not only a right but also a duty to step in and make rules.

While they will come within the scope of the Bill, I am not sure that those families, for example, angling friends or boating enthusiasts, who set out regularly in the summer for a few hours fishing or exploring otherwise inaccessible parts of our coast or lakes, will have anything to fear from this measure. Anyone who currently uses common sense and has regard for the safety and enjoyment of others will have no difficulty in complying with the provisions of the Bill and the regulations and by-laws which will emanate from it.

The time is long overdue when a discipline which has not emerged naturally must be imposed on the use of fast, mechanically propelled craft. The sooner this legislation is put on the Statute Book the better. There are far too many people abusing our leisure waters. I will not point the finger at young or old, male or female, because this behaviour goes right across the board. A high percentage of people who operate these jet skis do so with little regard for others. Some put people's safety at risk with their high-powered demonstrations of macho skill which impinge on the enjoyment of people fishing, swimming, on the beach or on the riverside with the incessant noise. If one is fishing, one has to pack it in due to the noise and disturbance created by jet skis. Everyone's enjoyment is ruined as a result.

There is very little to recommend these machines in the close quarters in which they are often used and nothing to recommend them when they put at risk people's lives through the near criminal behaviour of those using them. I have witnessed examples of this behaviour while fishing and have some idea of the damage, harassment and inconvenience that can be caused by irresponsible use of such craft. I hasten to add that those who engage in such activities are few enough, but in the context of general water users, they represent a reasonable percentage.

Perhaps the one vessel which causes people most problems is the so-called jet ski or personal watercraft. An increasing number of authorities around the world are meeting the growing danger and annoyance caused by these craft and have introduced stringent by-laws to regulate their use. Others have taken the more drastic step of banning their use in their jurisdictions, although I would not advocate such radical measures here.

Jet skis are expensive to buy. They are glorified motorcycles which can travel on water at speeds of up to 65 miles per hour. While people under 16 years of age are banned from using them, a difficulty arises in that users are not required to undergo any type of prescribed safety training, such as wearing safety belts, or are not aware of safety issues. There are various organisations which could provide such training and those who purchase jet skis, usually people in the 18 to 30 age bracket, should have to undertake safety training of some nature. People who drive motorcycles and cars are required to undertake training and tests. It is regrettable that we tend to focus on such issues when tragedy strikes. I know of one case last year where a 15-year-old boy in Youghal died when his jet ski hit a speedboat.

Enforcement of this legislation will rest with the Garda Síochána. However, the Garda is deployed in other areas and may not have time to police it. Reference was also made to possible involvement by the Irish Coast Guard service, which may be the best body to police the legislation, given its involvement in activities around the coast and the fact that many of its members act in a voluntary capacity.

The legislation mentions a €2,000 fine and seizure in certain cases for breaches of the legislation. Anyone who has visited the Continent will know the use of jet skis is restricted to certain areas away from beaches. These areas are marked. The noise of a jet ski can disturb the tranquillity of a beach on a calm evening. They also cause a great deal of fear among people. I congratulate the Minister for trying to introduce controls in this area, which is an important first step in dealing with the issue.

There has been a great deal of comment about safety training for people on yachts, power boats and other vessels. It should be incumbent on the suppliers of these machines, usually to those between 18 and 30 years, to insist on safety training courses for those who wish to buy them. If we started from that basis, those operating such equipment would behave more responsibly. The use of jet skis in Ireland is not a widespread phenomenon. However, given the affluent society in which we now live, many people can afford to purchase jet skis. We often see them parked outside driveways. Possession of jet skis may become a popular social symbol in the near future.

While I welcome the introduction of the legislation, I am concerned about its enforcement following enactment. I am also concerned about Garda involvement given deployment in other activities. It is probable that the tourism industry will seek to ban the use of jet skis on our beaches. Such a ban is necessary given that many young people use the beaches. Many holiday destinations abroad have zoned particular areas for the use of jet skis. While they are located away from beaches, swimmers often encounter users of jet skis speeding towards them and it does create fear.

The noise of these vehicles disturbs the tranquillity of our waters. I suggest that if they are not banned completely, they should be restricted to areas not used by swimmers and so on. I am extremely concerned about their use in any area. I would be happier if we recommended in the legislation that suitable safety training be introduced for those wishing to use these craft. Currently, a person can purchase a jet ski with the minimum amount of safety training in terms of the use and power of the craft and can then take it out on the water.

The legislation is a step in the right direction. Local authorities will act responsibly in this matter and will, in many cases, ban the use of jet skis from beaches. That may have to happen and if they are to be used, they should be used in controlled areas.

Given that we do not allow indiscriminate car racing along our roads and crowded streets, I do not understand why people feel free to use the crowded waters off popular beaches for the reckless use of personal watercraft. We insist that new drivers of cars and motorbikes take lessons and pass a stringent test before they take what can be a lethal weapon onto the roads. However, jet skis and powerful motorboats have the potential to be lethal in the same way as motorbikes and cars. People should undertake a training course to learn how to use the craft properly. They should ensure they have the right equipment, such as buoyancy aids, wet suits and so forth.

It is important that they know what to do if they get into difficulties. I have no wish to promote a nanny state of over-regulation but if regulations are needed in respect of road vehicles, they are also required in respect of watercraft.

A welcome provision of the Bill is that local authorities can draw up by-laws to cover their functional areas. The imposition of blanket restrictions would not take into account local conditions and the differing topography of the coast. A body of water 30 metres offshore might have a depth of several metres but in other coves and beaches one can wade out a couple of hundred metres without being out of one's depth. Watercraft users should be made aware of this.

I welcome this measure from a political and functional point of view. There is a perception that powers are constantly being taken away from local authorities. We must promote local democracy where we can and be seen to do so. That is not to say there could not and should not be consistency between local authorities where possible rather than all local authorities going their own way. We should standardise when it is appropriate.

The Bill will attract ready support from the public. I receive many complaints, particularly from angling clubs, about jet skis. Many people are tired of having their Sunday afternoons and holidays ruined by the incessant noise and disruption of fast craft in their bathing waters. They must be constantly on the alert not only for the usual dangers to young bathers but also to the imminent arrival of jet skis. In the words of the promotion I quoted earlier, such craft can "slice a buoy to ribbons with surgeon-like expertise".

Many other dangers have to be catered for in the course of a water based holiday or a day at the seaside. Anything we can do to promote water safety, to highlight the dangers involved or, as in this Bill, to try to eliminate the reckless use of dangerous craft must be pursued. I do not hesitate in commending the Bill to the House. I congratulate the Minister on bringing it forward. It is important legislation to ensure that safety prevails on our waterways.

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