Dáil debates

Wednesday, 1 June 2005

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

 

5:00 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael)

I also welcome the Bill. Today is 1 June and the tourism season is beginning to get into full swing. Therefore, it is important the legislation is passed as quickly as possible.

The Bill covers many safety issues regarding holidaymakers and leisure activities. Ireland is an island and it is important that we have tighter legislation in respect of this sort of activity. Deputy Connaughton spoke about our Celtic tiger economy. We are very well off these days and people have taken to aquaculture in a big way, particularly in terms of water-based sports. I am sorry the Bill was not introduced a few years ago, but it is better late than never. However, it will have some impact on this holiday season. Therefore, speedy enactment is very important.

There were 51 accidental deaths by drowning in 2003, some of which involved young children under the age of four years. One life lost in our waters is one too many. I hope this Bill will reduce the number of accidental deaths on our waters, whether inland or coastline. I commend the rescue services in the Department of Communications, Marine and Natural Resources. The Sikorsky helicopter and its magnificent crew based in Shannon Airport have carried out trojan work in search and rescue off the west coast.

I wish to address the issue of the use of speedboats and jet skis in our coastal and inland waters. It is hard to find anybody who would speak up for jet ski users. Anybody who has the pleasure of spending a day at a popular beach or lakeside location will know the annoyance caused by noisy jet skis and the danger they pose to human life. They also have a significant environmental impact. I visited a lake in my constituency at a time when jet skiing was a relatively new activity. Somebody brought a jet ski on to the lake and it created havoc, particularly for the farmers who own the surrounding lands. One farmer had thoroughbred horses and the noise of the jet skis, which sound like motorcycles, caused them to run in all directions and over walls. I spoke to an engineer in the council who told me that local authorities had difficulty enforcing the law because the farmers owned the lands around the shoreline and the authorities could not police it. The problem might be cleared up by now but perhaps the Minister of State would clarify the matter when recapping on the Bill.

Jet skis also have an environmental impact, particularly on fish and marine life. We have a large tourism sector in Ireland and fishing is very popular in my constituency in County Clare, especially in the inland lakes. The last thing we want to do is damage fishing stocks and marine life. Many jet skis leak diesel and oil, and that matter should be controlled. We do not want to send the wrong message to Irish and foreign tourists who use our waters. There is nothing of merit to say with regard to jet skis.

The Bill has particular relevance to County Clare. My parish has six or seven islands on the Shannon Estuary and I visit them regularly with land owners because they are areas of great beauty. Many islanders who die on the mainland wish to be buried in the graveyards on the islands. I am delighted that legislation has been brought in with regard to life-jackets. Ten or 11 boats might attend an island funeral, with seven or eight people on each boat, and no one would wear a life-jacket. That was very irresponsible of them at the time, and it was happening throughout the country. I am delighted legislation has been introduced on the use of life-jackets.

At another island funeral last year I was delighted to see at first hand that everybody going on to the boats had a life-jacket; 60, 70 or 80 life-jackets were produced on the day. The Bunratty search and rescue service accompanied the cortege down the Shannon Estuary. Adequate safety measures were put in place for that funeral and I am delighted the position has improved with regard to safety at sea.

I commend the rescue services — I mentioned the helicopter service — and the volunteers, whether it is in Kilkee, Liscannor or Kilrush, who take time out to do this very valuable work and rescue people in the event of tragedies. Last year we had the launch in Killaloe of the community inshore rescue service and I saw the Trojan work done by them. They can travel at very fast speeds up the lakes on two craft, one of which is aptly named the Brian Boru after Brian Boru from Killaloe. They do great work in rescuing people and we are very fortunate to have those services.

In County Clare, we have the coastal areas, the Fergus Estuary, the Shannon Estuary and Lough Derg. We have a high number of leisure and water activities in County Clare but regardless of what we do, it is difficult to enact a law to protect everybody. People will do their own thing and as Deputy Connaughton said, it is difficult to enforce the law. We can only do our best in that regard.

On the coastline some of the most beautiful beaches and inshore areas are increasingly under pressure from leisure craft users. Coastwatch Ireland has pointed out repeatedly that our coasts are under pressure from recreational use and abuse of leisure craft, including jetskis and speedboats. Although most leisure craft users are respectful of their vessels and their environment and are conscious of the potential danger in our waters, there is unfortunately an inconsiderate minority who are a danger to themselves and others as well as being a nuisance.

The provisions in the Bill regarding alcohol are welcome also. We have had some success on our roads with the drink driving campaigns but it is astonishing that people believe they can take control of a boat, jet ski or whatever and that they have no responsibility in terms of safety. Like a car, a boat is a lethal craft and people must take their responsibility seriously but many do not see the danger in them.

The same situation pertains in our lakeside locations. In my constituency I am well aware of the beauty of the scenic area of Lough Derg and the waterways, the pleasure they give people and the huge revenue that flows into the county, both from locals and visitors, the vast majority of whom respect this precious resource.

The Bill also proposes penalties for a range of reckless behaviour surrounding vessels. It provides a statutory basis for codes of practice to be drawn up on the proper operation of vessels, including passenger boats and fishing vessels, and the updating of fines. It provides for fines of up to €2,000 on summary conviction for offences under by-laws. I hope those fines are not too low and perhaps they should be increased because €2,000 is a paltry sum when one considers that the price of some jet skis amounts to thousands of euro. That is something that should be examined also.

The use of unseaworthy vehicles will also be prohibited. That is very important because the investigations that take place following drowning tragedies often reveal that the vessels taken out to sea were not seaworthy. If we have a car we have to maintain it but a boat must be maintained even more so. If a car breaks down one would hope that it would not result in a death but if a boat suffers a leak and proper safety measures are not in place, people can drown. We have seen that happen often and we have heard coroners and the gardaí say following such tragedies that the boat was unseaworthy or that there were too many people on the boat for its size. That is a problem also.

Like previous speakers, I would like to know who will enforce these measures when they are put in place. Will it be the duty of the Garda or the Irish Coast Guard? Perhaps the Minister will clarify the position. The Garda is unable to resource the area of traffic safety and it is unlikely that the Minister would ask it to patrol our seas also. I hope the Irish Coast Guard will play a role in this area also. If we are to police the waters properly in terms of what is happening with jet skis, we will have to recruit more people to take on that job and they will have to be adequately resourced. If they are not resourced, they will be unable to do the job they are appointed to do. That is very important.

The use of unseaworthy vehicles will be prohibited. Although it is obvious that such craft should not be put to sea, some operators have been surprisingly cavalier in their approach to water safety, sometimes with tragic results.

The current position with regard to jet skis is unsatisfactory. Regulation of the use of jet skis varies under by-laws introduced by local authorities. The Bill will co-ordinate regulations under the new powers to be given to the Department of Communications, Marine and Natural Resources, providing ultimately for the forfeiture of craft and disqualification from use of offenders and providing also for implementation of the legislation by the Garda.

There have been fatalities associated with jet skis and I hope the increased regulation in this area will minimise the likelihood of serious or fatal accidents in the future. The most high profile person to be involved in one of these accidents is the singer, Kirsty MacColl, who was killed by one of these crafts while swimming off the coast of Mexico. That is an indication that these accidents happen in other countries also. Previous speakers spoke about the use of jet skis in foreign tourist resorts and the fact that areas are assigned for the use of jetskis off the coastline. In that way they do not interfere with swimmers and other holidaymakers.

I have seen these craft operate, and young people take great delight in using them. They are macho craft for macho types who race across the coastline and back again at high speeds, not thinking of the dangers to themselves or others. Deputy Brady referred to their policing in other countries. I have been to countries where they are not policed. There is an area where anyone can go out on a jet ski. People should be trained in using these powerful machines that can go at speeds of up to 60 miles per hour on the water. We all know the impact of water at 60 miles per hour and the consequences that can result for the person on the jet ski or others. It is important that local authorities are given the power to control the use of jet skis and speedboats, whether on inland lakes or offshore.

I note that, on enactment of the Bill, many of the statutory agencies will be able to pass by-laws for inshore and waterway areas. Many county councils are anxious to ban outright the use of jet skis and smaller crafts on their beaches. With the increase in surfers, windsurfers and swimmers the ban of such mechanically propelled craft can only be welcomed as a necessary safety measure. In my county the resort of Lahinch has an excellent reputation for surfing and many European championships are held there. The quietness of a beach is very important and we do not have the same noise with other watersports such as windsurfing and surfing.

I hope the Minister will provide adequate resources for an advertising campaign in the national media. Perhaps he will address this when he concludes discussion on this Bill. It is important that a media campaign is launched to show people how dangerous these machines are. I hope there is an appropriate media campaign to ensure everyone knows the penalties involved for such behaviour. Legislative regulations should be put in place to monitor effectiveness.

I look forward to the effective implementation of the new powers contained in the Bill to deal with long-standing problems in water safety. We hope our natural heritage, our waters off the coast, can be enjoyed by everybody. Perhaps this legislation should have been passed earlier, but it is better late than never. I hope it will reduce the number of deaths off our coastline and that proper regulations will be put in place for the use of jet skis and speedboats. I thank the Leas-Cheann Comhairle for the opportunity to speak on this Bill and I hope it gets a speedy passage through the House.

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