Pat Gallagher (Donegal South West, Fianna Fail)

I assume there is some misunderstanding here because I will not be soft on alcohol or drugs. In the case of someone operating, assisting or fulfilling the function of watch on a vessel, the clear message from this House is that persons must not be in charge of, or operate, vessels while under the influence of alcohol or drugs. Although there is no permissible level, perhaps zero tolerance is the wrong term to use.

These measures cannot be compared with those in the Road Traffic Acts. Totally different environments and sets of circumstances are involved in being at sea or on inland waters and being on the road, and different legislative and enforcement arrangements must apply. Prima facie evidence of a person being under the influence of drugs or alcohol or a combination of the two would be clear from the condition and behaviour of the person concerned. This should quickly alert the crew and others to take prompt action to prevent the loss of life. I agree with Deputy Broughan that 84 deaths are 84 too many.

I take this opportunity to pay tribute to the marine casualty investigation board, which does excellent work. It presents me with recommendations and reports, which I read, and I am anxious to ensure that the recommendations are implemented. I hope there is some misunderstanding on the part of the Deputies in that there is no permissible level of drink or drugs. I understand the concerns of Deputy Broughan but I ask him to reconsider this. He should take into consideration my belief that the Bill, particularly section 28, is stronger than it would be if I accepted this amendment, which would dilute the legislation.

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