Finian McGrath (Dublin North Central, Independent)

I thank the Leas-Cheann Comhairle for the opportunity of addressing this important legislation. I welcome the comments from my colleagues in all parties concerning maritime safety. Public safety is at the heart of the legislation. As an island nation we must deal seriously with this issue which relates to the sea and inland waterways as well as our coastline and harbours. Sectors such as fishing, tourism and leisure are of great importance given our island status. Our economy must be developed on an all-island basis, otherwise it will be economically, politically and socially divisive in addition to bringing no benefits. A one-island economy is a healthy and progressive idea for developing this State, but that point is not made often enough in this House.

The legislation deals with vital issues of safety in addition to harbours which are covered by section 2(c) and (d). As part of my constituency of Dublin North-Central is situated near Dublin Port and Dublin Bay, maritime safety is a major local issue as well as being a matter of national interest. Last Sunday, for example, more than 500 people attended a meeting in Clontarf about the proposed infill in Dublin Bay. Many residents and community groups came together to discuss matters related to this legislation. They also discussed other matters, including the Ombudsman's ruling on Dublin Bay, the European Commission's legal actions concerning the bay, the ownership of the foreshore, the Dublin development plan and the strategic plan for Dublin Bay. The meeting also heard an excellent report by Mr. Jerome Casey, entitled Dublin Port — Serving Dublin City. We also discussed the new and exciting Bremore Port development and the future of Dublin Bay. I thank those who organised that meeting last Sunday, including Mr. Gerry Breen, the former Member of this House, Mr. Seán Dublin Bay Loftus, the treasurer, Mr. Justin O'Flaherty, Mr Joe Nolan, Mr. Liam O'Dwyer and Mr. Peter Bailey. These people have been directly involved in the campaign to save Dublin Bay. Within that area some 630 acres are under-utilised. People want to dump rubbish to infill 52 acres in the bay, but there is no need for this. Our ports and harbours must be efficiently managed through the proper use of public funds for such projects.

In recent weeks we have learned of the €200 million overrun on the Dublin Port tunnel. In addition, some 200 houses in Marino, Santry and Fairview have been damaged as a result of work on that project. These issues are all connected to the maritime questions I have raised in connection with this Bill.

The Dublin Bay amenities study recommended that no development should be permitted in the bay pending completion of detailed area plans. However, there are no such plans. In 2002 the Minister of State was aware of public concern about the port company's proposal which highlights the need for an overall strategic approach to this kind of development. The Minister of State said new statutory arrangements are clearly needed to provide for an integrated management of the coastal zone, including the greater Dublin Bay and adjoining land. He said, however, that it would not be reasonable to defer consideration of the Dublin Port Company's application until the new legislative framework was in place. He said that, in the short term, he was anxious to allow Dublin Port to proceed with this development. I challenge people on this issue because it is related to the idea of preserving our bay. The people of Clontarf and Dublin North-Central want to ensure the bay will be preserved.

Harbours and ports form an important part of the legislation before us. Many of us put forward proposals against the plan to infill 52 acres in the bay area. We recognise, however, that a strategic plan for the island must be developed. The answer to this question lies in the Bremore proposals, which have been supported for many years by Mr. Seán Dublin Bay Loftus. The Drogheda Port Company has a new deep-water port at Bremore which covers 150 acres and is capable of handling 500 million tonnes of freight. That capacity can be expanded by up to 20 million tonnes. We should support this proposal because traffic needs to be diverted out of Dublin which is congested. The Bremore proposal is close to the M1, the Dublin-Belfast railway line and Dublin Airport. Therefore, there is an alternative to the plan to infill 52 acres in Dublin Bay.

I compliment all those involved in Dublin Baywatch and the residents in Clontarf who are doing so much work on this issue. Dublin Bay is our bay and it belongs to the people. In contributing to this debate, I want to ensure that we can protect and preserve what remains of Dublin Bay's amenities.

The purpose of the Bill is to strengthen the law against the improper use of certain recreational craft, to outlaw reckless behaviour in operating such craft, to promote good practice in operating vessels generally, to upgrade safety regulations for passenger boats, fishing vessels and pleasure craft and to update penalties and other provisions of certain related Acts.

It is important that we consider the purpose of the Bill because serious public health and safety issues are involved. I do not know what sort of people use jetskis. No doubt some of them are members of the Progressive Democrats or other of the more affluent parties, but there have been many complaints about abuses of our waterways.

Part 2 strengthens the law against improper use of mechanically propelled personal water craft and other recreational craft of not more than 24 metres in length in waters of the State or in seas around them, in the interests of public safety, and is designed to prevent nuisance in public recreation areas and protect natural and other heritage areas. It also confers clear by-law making powers to regulate and control the operation of craft of the types in question, which are of considerable concern to county and city councils.

Section 6(1) refers to Waterways Ireland and the waters under its control and management, to the harbour authorities, to which the Harbours Acts 1946 to 1976 apply, and to the harbour companies within the meaning of the Harbours Acts 1996 to 2000. When we talk of these issues it is important that we reflect on the possible dangers. We cannot allow a minority of people to damage the health and safety of others.

That is another reason I strongly oppose the proposed new infill to Dublin Bay. If one fills in another 52 acres, there will be less space for our citizens and children to play, swim and use the bay as a quality national resource. We are discussing the Maritime Safety Bill. If one fills in 52 acres of Dublin Bay, one could increase flooding in the area. We have recently seen such flooding in Clontarf and Fairview. I gave a commitment to the people of those areas that I would represent their views in the Dáil.

Under the Bill it will be an offence to breach a by-law prohibiting the use of certain craft in specified waters or part thereof, subject to a fine on summary conviction not exceeding €1,000 for a first offence and not exceeding €2,000 for a second or subsequent offence. I do not agree with some of the speakers that the fines should be greater. The legislation is fairly reasonable and balanced. A first offender is fined €1,000 and a person who offends a second time is fined €2,000. We are talking of the safety of young people, of the safety of people in the water. The section is important in that regard.

The legislation also makes it an offence to breach the by-law relating to launching, mooring or berthing craft, with regard to conditions to be complied with for operating craft and maximum speed limits for craft, subject to a fine not exceeding €1,000 on summary conviction for such an offence. It is also an offence, subject to a fine not exceeding €1,000, on summary conviction, for a person to allow himself or herself to be carried or towed by a craft in an area where under a by-law it is prohibited.

It is not good enough for people to be involved in such anti-social behaviour. I spend a great deal of spare time visiting waterways and enjoying the facilities there. I have fished regularly on Lough Derg and have seen reckless jetski use there, which concerns many people, because of young children sailing their boats.

The Bill empowers the authorities specified in section 5 to allow authorised persons to act on their behalf and empowers the Minister for Communications, Marine and Natural Resources to appoint persons to enforce the provisions of the Bill in Irish waters. The legislation contains important and constructive suggestions and the emphasis on maritime safety is important.

I also welcome the new section 26, which makes it an offence for a person to endanger persons on board a vessel, through recklessness or lack of seamanship. Section 26(2) is a standard defence to allow for action taken in good faith. Section 26(3) provides for a fine and or imprisonment on conviction by the court for such an offence. The new section 26 is important because one cannot allow people to behave recklessly. Particularly on holidays, we have all seen people taking risks with boats. We have seen fishermen taking risks with their crews and other boat owners taking risks with tourists. It is not acceptable for people to go into Irish bays, harbours and waterways without proper equipment such as life-jackets in order to ensure maximum safety. We have seen horrific and tragic accidents in this regard. The new legislation, particularly the new section 26, adds teeth to legislation.

The new section 43 is an amendment of the Harbours Act 1946 in three respects. It is an important new section because we need to deal with the matters involved in a more comprehensive manner.

Regarding the cost of the legislation, the financial memorandum notes that the Bill is Exchequer-neutral. It states:

The proposed strengthening of the law against the improper operations of fast powered watercraft of the types in question in Irish waters will significantly enhance public safety and amenity and protect natural and other heritage areas. Tourism and leisure businesses will also benefit from the stopping of nuisance by such craft.

That will be the key. There will be a net benefit to the economy because if people and families feel safe on the water they will use it more often and will spend more in locations by the lakes or rivers, or in fishing ports.

We should also pay tribute to the brave people involved in the fishing industry. It is all very well for the smart alecs to say those people make a good living out of it at times but in reality it is a difficult, tough and dangerous life. I commend our fishermen for providing excellent services to the people through many difficult times. We should also pay tribute to their families and express our sympathies to those families who have lost fishermen over the years. It is important that we recognise that in this debate.

I also pay tribute to lifeguards and those who run the lifeboats. They make a great contribution. We have some excellent people on the north side of Dublin, from Clontarf, Sutton and out as far as Howth, who give voluntary service and are involved in training, who save lives on a regular basis. They provide an excellent service and take major risks in the interests of public safety. While dealing with maritime safety, it is important that we commend these people.

This debate is important. The legislation is solid and progressive. That is not something which, as an Independent Deputy, I would say very often about Government legislation. This is important legislation and I commend the Minister of State for bringing it before the House. We have an opportunity to rally round. This matter is above party politics because it involves maritime safety. We are talking of our citizens, of people involved in fishing, in the leisure industry and in tourism, all connected with our waterways.

Our waterways are a major revenue earner. We must develop this sector of our tourism industry in a more radical and creative manner. A market is available for those who wish to become involved in water sports and related leisure activities. While we develop that market we should at all times remind ourselves that public safety must be at the core. The Minister for Arts, Sports and Tourism, along with other Ministers across the board, should look seriously at developing this market because it has massive potential.

People from urban areas do not necessarily get the opportunity to experience coastal areas, waterways, lakes and rivers. I have worked in the north inner city for more than 20 years and when one brings young people to water, whether one brings them fishing, or to the coasts, up to Donegal or over to Galway for weekend trips, or to visit islands, that makes a great impression on them, particularly on young people from urban areas in disadvantaged parts of the city. Our seas and waterways can be used in a progressive way to develop an interest in nature, science and biology. We should remind ourselves that we can link many strands to the debate on maritime issues.

We must be creative and radical with regard to the harbours issue which is dealt with in Part 2, sections C and D. I do not agree with those smart alec economists about the loss of Irish Shipping. I feel sorry about that loss. Some cynics may say we can get along without it but I reject that view. If we still had Irish Shipping as a quality company, it would help the nation develop and assist the economy in a progressive way. I do not accept the nay sayers who say we can get on without it. It was a significant loss. I support and commend those who worked for it for years. It is important to say this. There is a similar debate taking place with regard to Aer Lingus and the aviation industry but sin scéal eile.

It is important to reflect on the fact, when dealing with maritime issues, that as an island nation we have massive potential to develop the economy. There is significant potential in the tourism, fishing and leisure sectors. This is a crock of gold that can be developed. Now that we are in the age of IT, people have longer holidays and shorter working hours. It is important that we take the opportunity to use our seas and waterways to develop the person. In the rat race of the Celtic tiger some may feel they cannot or should not take a break but they should. One of the best ways to do so is to use our waterways, whether for fishing or swimming. Any of these activities is good for the person and society.

I welcome this discussion on the legislation. I have listened to the ideas expressed and hope the Minister will take some of mine on board.

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