Dáil debates

Wednesday, 1 June 2005

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

 

5:00 pm

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)

I welcome this legislation as I believe it meets a demand for greater control over the use of the type of watercraft covered by the legislation. As a county councillor elected in 1999, I received a number of complaints that certain beaches were being made virtual no-go areas by those who used various vehicles and crafts, such as dune buggies, windsurfers and scramblers.

As a child I used to go to Banna beach, which stretches eight miles from Ballyheigue to Barrow. The only inconveniences one encountered were games of football or soccer on the beach. Hundreds of people were there and everybody enjoyed themselves. With the advent of mechanically propelled watercraft it is a nightmare for families to look after their kids and ensure that they are not hurt. I am not trying to demonise anyone but with the passage of time advances have been made on these new types of vehicles. Young people who use these have less fear than those who are more mature. There is a tendency to try to get the greatest speed out of these vehicles. There is the belief that when one is on water one cannot hurt oneself or anyone else, but that is totally mistaken.

Damage is being done to sand dunes by scramblers and sand buggies, and that is being addressed by county councils. They have introduced a number of by-laws to restrict the use of such vehicles that make it difficult for people to enjoy the amenities, to ensure that the greater demand for the public is met. This legislation will facilitate local authorities in framing by-laws to regulate the use of motorised watercraft and ensuring that those by-laws are enforced with substantial penalties.

I admit that I knew very little about this area until recently. I was aware of the death of young Patrick Daly in Youghal two years ago as a result of an accident involving a jet ski. We all heard of the death of Kirsty MacColl, to which the previous Deputy referred, who died when she was hit by a water vehicle. With Shane McGowan she provided us with tremendous enjoyment. I also remember the death, while attempting to break records, of Donald Campbell.

I was astounded by some of the statistics from countries such as the United States, where hundreds of people have been killed by jet skis. In 1999 personal watercraft accounted for 18% of registered boats, but they were involved in 44% of injuries in California. That is a phenomenal amount of injury and damage. In 2000 the figure had risen to 19% of registered boats and jet skis were involved in 45% of injuries. That is the effect these jet skis have in terms of injuries and deaths in California.

There is very little control over who uses these vehicles. There are no age restrictions and there is no obligation on people to have proper training in handling what are extremely powerful machines. I emphasise the power and speed of these machines and the damage they can do. Young people do not fully realise it and the onus is on us to ensure that legislation not only penalises and restricts but educates people as well. As these are so powerful the potential for serious harm is high, as I have outlined in the examples from California. There is a clear need to regulate their use.

Apart from the safety aspect the main concerns people have regarding the use of mechanised watercraft, and the main issue addressed by the Bill, is the nuisance caused to other users of water amenities. There is nothing better calculated to drive an angler or sailboat user out of his or her reason than for the tranquillity of the stretch of water or lake to be shattered by the arrival of a person on a jet ski. The inconvenience and the danger surrounding jet skis must be emphasised. I am not arguing for a ban on such vehicles. The best rule of thumb is that the interests of the public should take precedence over the enjoyment of an individual. If someone causes a nuisance or danger to others, interfering with access to or enjoyment of public amenities, then regulations are needed to prevent that person from doing so. I hope local authorities and other public bodies referred to in the Bill will use this legislation to frame the type of by-laws that will impose sufficient restrictions on the use of the crafts in question in order that they cannot become a nuisance endangering the public.

Within the Bill's terms of reference, we are talking about severely curtailing the use of jet skis. There is a strong argument for confining then to specific areas, in the same way as certain motorised vehicles for leisure or sporting purposes are confined on land. A solution may be found in specifying particular areas for the use of jet skis. I do not want to see them banned but I have concerns about the age or those who use them as well as the amount of training provided. I am also concerned by the speeds they can attain. The use of jet skis would be acceptable in designated areas in a properly controlled context where those using them would have to undergo training and be subject to speed restrictions. In such circumstances, those who want to should be allowed to enjoy their use. Local authorities should ensure that jet skis and other similar types of watercraft are not permitted in areas for which the authorities have responsibility, such as ports, harbours and marinas. It would be a recipe for disaster otherwise.

I welcome the Bill's provisions for restricting or banning the use of watercraft by people who are drinking alcohol. That step is long overdue. I also welcome the fact that safety procedures will be enforced for vessels that provide a public service. I compliment all water safety services and in particular the Fenit lifeboat whose crew have done tremendous work in the area it serves. Such work is done voluntarily by local people who are on call at all hours to provide the lifeboat service in all types of weather. We are greatly indebted to them. I welcome the Bill and offer it my personal support as well as that of my party.

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