Pat Gallagher (Donegal South West, Fianna Fail)

The issue of an emergency towing vessel has been raised a number of times in the House through debates and parliamentary questions. The feasibility of deploying an emergency towing vessel in Irish waters is under consideration in the Department, taking into account the significant costs involved and the cost-benefits associated with such a facility. Some will say we have taken some time to make up our minds but there are many factors to be considered.

In 1998, the Department of the Marine commissioned a study to investigate the feasibility of deploying an emergency towing vessel around our coast. Following an assessment of that study, which was published the following year, it was decided that Ireland should have access to emergency towing vessel capacity to protect our coast from the consequences of major oil pollution and vessel stranding. The Department would consult the Departments of Finance, Defence and Environment, Heritage and Local Government on a number of matters, including cost effectiveness, location, financing and other issues, such as operational aspects and other possible users. Ireland and the United Kingdom should consult on the possible sharing of such a facility to cover the east coast. The Department established an internal working group at that time to manage this consultation process and to try to advance the matter generally.

The significant costs likely to be associated with an emergency towing vessel capability with complex operational requirements are recognised by all. At the time, the consultation group concluded that an emergency towing vessel capability should be provided to service the west coast, possibly via a PPP, and that such a vessel for the east coast could be provided to ensure an acceptable level of cover at minimum cost through a possible joint PPP approach with the United Kingdom. The House will recall the events of last year when a Canadian submarine travelling home from Scotland developed a fault off the north-west coast of Ireland. There was some consternation at the time for the lives of those involved. A number of fishing vessels and the Naval Service were extremely helpful. They assisted in no small way to ensure there was not a serious loss of life. By this, I mean too many lives. Both Deputy Perry and I were present when unfortunately, the bodies of the deceased crew members left Sligo General Hospital to be taken back to Canada. There are dangers and I am not putting this issue on the long finger. I am anxious to come to a conclusion on this matter.

A number of Deputies have raised questions about enforcement. I draw the attention of the House to section 17, which allows the relevant authorities, including city and county councils, the Department and Waterways Ireland, to appoint authorised persons to enforce the Bill. These persons will have considerable powers as outlined in the Bill. The Garda and the Coast Guard will have a role but obviously, they cannot be everywhere. One of the Deputies asked how would we do this. It is not possible to be everywhere, but I am sure that, as soon as those people who are acting illegally are pursued, brought before the courts and made an example of, the Bill will have positive effects. Too many people are being irresponsible but I wish to recognise the many responsible people who observe the law on the sea and on our waterways.

It was suggested that every vessel should be on a register. The Department and I are vigilant in ensuring that only sound vessels are entitled to be on the Irish register. We want Ireland to be known for vessels of a proper standard in which we have confidence. If I find any legal gaps, I will certainly introduce further legislation without delay or incorporate it in the appropriate legislation. We have spoken about jetskis and boats of over 24 metres in length. European legislation insists that such vessels must have certificates of compliance and all the necessary documentation in the Department by the end of June. I will address the other sizes, and explain the situation with them as well as I can.

The matter of jet skis is causing considerable concern for many people, not necessarily those on our coasts but those along our rivers and waterways. I confirm that the whole of the coastal and inland waters of the State can be covered by local targeted by-laws if there is a need. For this reason, I will leave it to the discretion of the local authorities to introduce by-laws when the Bill is enacted. Every local authority may not need to make by-laws but those that must will have the power to do so upon the enactment of the Bill. It has been suggested that there should be a longer period than one month plus seven days to give the public a period to consider the by-laws when they are drafted by the local authorities, the port companies, the harbour authorities, Iarnród Éireann or Waterways Ireland. A month and seven days is adequate to consider the by-laws. I hope that after that short period they will become law.

Many Deputies have raised the question of alcohol. I confirm that breath, blood or urine testing for the purpose of criminal proceedings will have to be done under Garda supervision, if not by it directly. Detailed legislation along the lines of the often challenged provisions of the Road Traffic Act would require a considerable drafting effort without a guarantee that it would be workable in the totally different environment of the sea or waterways. Such an effort would be questionable. As a practical alternative, provision is being made, via a ministerial amendment to section 33, to include codes of practice for vessel operators and guidance to prevent abuse of alcohol or drugs on board vessels. The Department will review the position again in one or two years, in the light of experience with the code of practice and, generally, as part of an ongoing review of marine safety law. This may not be precisely what I would wish for but it is a step in the right direction.

I am pleased that the House has welcomed the Bill, in principle, and that, like me, Members are anxious to ensure it is enacted as quickly as possible. I hope to bring it before the select committee at an early date. I thank Members and parties for their co-operation in ensuring we were able to take Second Stage so quickly following the completion of deliberations in the Seanad. This is an important Bill. Marine safety is vitally important, as is the registration of vessels.

Mar fhocal scoir, cuirim mo bhuíochas in iúl do na Teachtaí go léir a ghlac páirt sa díospóireacht thábhachtach seo, agus tá súil agam nach fada go mbeidh muid ábalta an Bille a phlé sa choiste agus dul ar ais chuig an Seanad leis na leasuithe ón Dáil.

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