Pat Gallagher (Donegal South West, Fianna Fail)

Yes. I fully appreciate the points made by Deputies Broughan and Perry. I will make only three quick points, and it is important that I do so.

In this Bill, we set out to deal with certain high-powered watercraft. I was extremely anxious, and with the co-operation of the Opposition I had hoped to have this enacted by the summer to allow local authorities to proceed with the various regulations. Then I found, having dealt with the Bill in the Seanad, if I were not to introduce amendments regarding the renewal of licences to allow vessels to continue fishing, that by 30 June all vessels under 24 metres would have to have the necessary works completed and surveyed by our own marine surveyors or by a panel, which would be impossible logistically. Vessels over 24 metres are not within my power, since a European regulation deals with them.

First, one might say that we are compromising on safety, but that is not at issue. Every skipper knows precisely what has to be done, and no one should go to sea unless happy that the boat is in a fit state.

In addition, Deputies will be aware of another issue because of the last-minute briefing they received regarding foreshore licences. Legal advice has overturned the general understanding of what the foreshore is, and we must address the situation as a matter of priority. I propose to do so by using the Maritime Safety Bill 2004 as a vehicle to confirm in legislation what has been the general understanding of the term. The opinion heretofore was that the foreshore ran to the limits of the territorial sea. Our current understanding of that is 12 miles.

The legislation seeks to confirm this understanding that the jurisdiction is not to the low water mark but to the 12-mile limit. The enactment of this Bill will provide for the validation of action taken up to now on the basis of what was then a quite clear understanding. We have been engaging with the Office of the Attorney General for some weeks and the advice stating that the foreshore is only to the low water mark came formally on 16 June. I was anxious to deal with this matter as soon as possible. If I came back to the House in October with a Bill to provide validation on this point, I would be rightly criticised. I appreciate the points made by both Deputies but I ask them to accept the urgency of this matter and to consider the implications of not acting.

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