Dáil debates

Wednesday, 1 June 2005

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

 

6:00 pm

Photo of Pat GallagherPat Gallagher (Donegal South West, Fianna Fail)

I wish to deal with a number of issues raised, including those raised by Deputy Eamon Ryan.

Cuirim mo bhuíochas in iúl do na Teachtaí go léir a ghlac páirt sa díospóireacht thábhachtach seo agus gach uile Theachta a labhair anseo, ó na páirtithe éagsúla agus iad siúd atá ina dTeachtaí Neamhspleácha. Thug siad go léir tacaíocht don Bhille seo go ginearálta agus don phrionsabal, mar shampla, na Teachtaí Perry, Broughan, Cowley, Boyle, Brady, Connaughton, Pat Breen, Ferris, McGrath, Fitzpatrick, Connolly agus anois an Teachta Ryan. Gabhaim buíochas leo go léir, mar tá a fhios acu cé chomh tábhachtach is atá an Bille seo. Ba mhaith liom go mbeadh an Bille tríd an Dáil agus ar ais ag an Seanad ós rud é go mbeidh leasuithe romhainn ag an choiste an tseachtain seo chugainn. Tá sé tábhachtach go mbeidh muid ábalta é a chur tríd an Oireachtas agus chuig an Uachtarán roimh an samhradh.

I thank Deputies from all parties, including Independent Deputies, for agreeing to consider the Bill so soon after it was passed by the Seanad and the warm welcome for its provisions. As the title indicates, it has the clear aim of enhancing maritime safety by strengthening the law against a wide range of reckless behaviour on or with vessels of any kind on water. I agree with Deputies that it is overdue and needs to be enacted as soon as possible.

The seas around the coast, as well as our rivers, lakes, canals and other inland waterways, are there to be enjoyed by all. Deputy Eamon Ryan is correct in saying he does not want to hinder this enjoyment. We do not want to spoil it for the many responsible people who use our seas, lakes and waterways for recreational purposes. However, we also want to introduce the necessary legislation to empower local authorities, port companies, harbour authorities, Iarnród Éireann which has responsibility for Rosslare Harbour, Waterways Ireland which has responsibility for our canals, rivers and lakes, and the Minister in regard to the five fishery harbour centres at Howth, Dunmore, Castletownbere, Rossaveel and Killybegs.

Deputy Eamon Ryan raised the question of legislation which is to follow. I draw his attention to the list published at the beginning of the session by the Government Chief Whip. He will appreciate that the remit of the Department is very wide and priorities must be established, of which marine safety is one. That is why I was so anxious and appreciative of the party Whips for allowing me to bring the legislation to a stage where it could be enacted by the summer recess. The Deputy referred to other fishery measures and legislation which are also promised and will be brought before the House as soon as practicable. We recently progressed the Sea Pollution Bill.

A number of issues were raised. Deputy Perry referred to the marine casualty investigation board, the remit of which is to carry out investigations into marine accidents in all domestic waters and those which involve Irish-registered vessels. The main purpose of its investigations is to establish the cause or causes of a marine casualty with a view to making recommendations to the Minister with the purpose of avoiding similar incidents. The board publishes reports which are available on its website, www.mcib.ie. I pay tribute to its members who are totally committed to their role. At times they make themselves available above and beyond the call of duty. They have a difficult job which they do well and is greatly appreciated. The board's recommendations are extremely important.

The Irish seabed survey was also mentioned. The project is in its final phase; hence, the minor reduction in the funding required in 2005. A sum of €3.584 million has been allocated in addition to a sum of €500,000 deferred from the 2004 capital programme. This reflects the wind-down of the project with fewer survey days on board the Marine Institute vessels required this year. A total of €33 million was allocated for the project over seven years from 1999 to 2005. I agree with Deputy Perry's comments on the importance of the project. It is money well spent.

Reference was made to the EU tourism grants scheme which has been suspended since December 2002 due to lack of funding and it is not envisaged, given the lifespan of the national development plan, that it will be reactivated. Deputy Perry referred to the marina project at Rosses Point, County Sligo, which involves the development of a 28 berth marina. The state aid implications of the funding commitment to this and other projects at Caherciveen and Kenmare in County Kerry and Roundstone, County Galway, are being clarified.

The question of compliance with state aid rules was raised during an audit by the Comptroller and Auditor General. While state aid approval has been sanctioned for the marine tourism grants scheme, it was not clear whether the approval extended to the four projects mentioned. On foot of legal advice, arrangements are being made to meet the European Commission in an attempt to resolve the issue. I support marinas, a number of which should be constructed along our coastline. Unfortunately, this issue has arisen and I am anxious that the meeting with the Commission should take place as soon as possible in order that all four projects can be progressed.

I refer to the adventure activities standards authority. As indicated in replies to parliamentary questions on 8 March, the question of establishing the authority is under review. Its establishment is not being delayed but the review is necessary in the light of the decision by the Minister in 2003 to integrate the functions of the marine safety directorate, the coastguard and the mercantile marine office into a single agency which will be responsible for all aspects of marine safety and emergency response services. The agency's headquarters are scheduled to be located in Drogheda and primary legislation may be required if the agency is to proceed. I had discussions with an interested individual as a result of an accident in Dunmore East a number of years ago but the adventure activities standards authority might be too narrowly focused. That is why I am anxious to review the authority to ensure an all-encompassing body is established.

The issue of drunkenness has been raised by a few Members. Section 24 of the Merchant Shipping Act 1992 outlaws such behaviour and provides for a maximum fine of €1,000. It will be updated to provide for higher penalties with a maximum fine of €5,000 on summary conviction for being under the influence of alcohol and drugs. An amendment in this regard will be tabled on Committee Stage. We were anxious to increase fines during the years but the Minister for Justice, Equality and Law Reform will introduce a fines Bill which will ensure fines will increase on an annual or biannual basis and will be linked to an index.

Deputy Broughan questioned the relevance of section 31. I will table an amendment on Committee Stage to delete it. This is being done on the basis of legal advice as the section might cause confusion. Section 30 is the key section in the legislation as it outlaws the endangerment of vessels.

A proposal to establish a register for small commercial and recreational craft of less than 15 net tonnes which would include jet skis has been the subject of public consultation. The feedback is under consideration.

It is not intended to outlaw the emergency towing by a fishing boat of a stricken fishing boat or other vessel. This was raised by Deputy Cowley but safety considerations should always dictate whether towing is feasible without endangering the vessels and crews involved.

Reference was made to the closure of the marine rescue co-ordination centre at Leeson Lane, Dublin. A study was carried out of the Coast Guard services in 2002 by independent consultants who recommended that the Coast Guard should operate two control centres at Valentia Island and Malin Head. They also recommended the closure of the marine rescue co-ordination centre in Dublin. The review had regard to, among other matters, advances in modern communications technologies and a comparison with marine emergency response co-ordination capabilities and manning levels in other countries. The use of two centres will achieve significant savings, thus enabling other elements of the Coast Guard service to be developed which, in turn, will lead to further improvements in marine emergency response services nationally. The centres proposed for Valentia and Malin Head will be developed to handle all emergencies along our coasts and on inland waterways involving mountain and cliff rescue.

Closure of the marine rescue co-ordination centre will not affect the significant emergency response resources on the ground. These will remain available to the Irish Coast Guard on a year round, seven day, 24 hour basis. The closure will not diminish the capability of the Coast Guard to co-ordinate and manage incidents.

I speak on behalf of everyone when I pay tribute to all of those involved in search and rescue. Deputy Perry and others referred to the demonstration in Rosses Point on Sunday, 22 May. It was my first opportunity to attend the display and I was more than impressed. The demonstration is held each year at one of the resorts on the coast and the turnout on 22 May impressive. We must try to ensure that we get more people to attend these displays in order that they see first hand the involvement of our search and rescue service's professionals and the volunteers. Quantifying their involvement in monetary terms would be difficult but the search and rescue services would be much poorer if not for those many people involved and I pay them tribute.

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