Pat Gallagher (Donegal South West, Fianna Fail)

As I promised Deputy Broughan, I gave serious consideration since Committee Stage to the inclusion of "shall" rather than "may" but having considered it I still hold the view it would be a waste of effort and resources to require every authority to make by-laws when some might not need to do so.

We are all aware that our colleagues on local authorities in coastal areas or with lakes or rivers in their operational area are anxious to have this legislation enacted so they can proceed to make by-laws. It is a matter for each local authority to decide whether there is a need to make the by-laws under section 6 of the Bill. Deputies are aware that making by-laws can be a lengthy process, involving public consultation of at least one month plus seven days. It should only be undertaken if there is a clear need to do so, and who better to decide that than local authority members? When we consider local authorities have many important tasks it could be a waste of effort and resources to require them to needlessly make by-laws. I am quite satisfied that any local authority needing to make such by-laws has full power to do so under this Act and retaining "may" without substituting "shall" is a clear advance on the current position. In the case of city and county councils, making by-laws under section 6 is a reserved function and as such is a matter for the elected representatives who would proceed to make such by-laws if there is a need to do so.

Agreeing to the deletion in amendment No. 12 would mean a lack of focus in this section, which solely deals with the regulation and control of craft of a specified class and has no other purpose. According to Bunreacht na hÉireann the power to make by-laws under section 6 must be within specific parameters laid down by the Oireachtas. I am advised there can be no open-ended power to make such by-laws.

The questioning of licensing and registering users of jet skis or other personal watercraft is a matter for national provision rather than piecemeal arrangements varying from one local authority to another which would duly interfere with the use of craft across authority boundaries. I support the idea of establishing a register and I confirm to the House as I did on Committee Stage that the question of establishing a small vessel register, to include jet skis and other personal watercraft, is under consideration by my Department following public consultation. Registration is necessary and I assure Deputies I will work towards it. It is not a question of procrastination.

Amendment No. 14 deals with general operating conditions for craft including the wearing of personal protective equipment, which is a matter for national provision rather than the piecemeal arrangement I referred to varying from one authority to another. I wish to draw Deputies' attention to the merchant shipping, pleasure craft and life jackets and operation safety regulations of 2004 for which there is a statutory instrument. These are for national operation.

Amendment No. 15 would not accord with the constitutional provisions for secondary legislation, namely for the Oireachtas as primary legislators to set the limits in policies and principles within which secondary legislation may be made. There can be no question of open-ended powers for any of the relevant local authorities to make by-laws at will.

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