Noel Dempsey (Meath West, Fianna Fail)

Part 3 of the Bill, comprising sections 16 to 22 inclusive, introduces new provisions for access for persons with reduced mobility to passenger vessels. Section 16 provides definitions of key terms used in Part 3.

Section 17 provides that the Minister for Transport is enabled to make reduced mobility regulations for the purpose of making passenger vessels accessible to persons with reduced mobility. A person with reduced mobility is defined as any person whose mobility when using transport is reduced or impaired as a result of any physical disability, sensory or locomotive, intellectual disability, age or as a result of pregnancy or being accompanied by small children. Passenger vessels may be categorised into different classes for the purpose of making reduced mobility regulations for different classes of passenger vessels. The Bill requires that, prior to the making of reduced mobility regulations, drafts of the proposals be published. This publication step is to afford an opportunity for interested persons to make written representations on the proposals. If the reduced mobility regulations are not being complied with, the Minister may suspend or refuse to grant the certificates, permits and licences required for vessel operation until the regulations are complied with.

Section 18 provides for the publication of codes of practice on access to passenger vessels by persons with reduced mobility. Codes of practice must be made available for public inspection and the owner of the passenger vessel, the master, crew or any person on a ship with responsibility for services provided by the vessel has a duty to be aware of and to follow that code of practice.

Section 19, use of codes of practice, provides for the admissibility and use of codes of practice in criminal proceedings. Section 20 identifies who is an authorised person for the purposes of enforcement of reduced mobility regulations. Section 21 sets out the inspection powers that may be exercised by authorised persons for the purposes of ensuring compliance with reduced mobility regulations. An offence is created for obstructing or interfering with an authorised person in the exercise of his or her functions. Section 22 provides for the operation of an administrative fixed payment system that a person may opt to avail of by making a payment within 21 days in lieu of a court prosecution. Different amounts of fixed payment may be prescribed in respect of different contraventions or different classes of passenger vessels.

Part 4 comprises sections 23 to 30 inclusive. Section 23 is a standard provision that sets out definitions for Part 4. Section 24 provides specific powers and arrangements for the raising and bringing ashore of a sunken vessel for the purposes of examining it with a view to improving safety standards for vessels and crews. It also provides for the making of arrangements for inspection, storage and, if necessary, disposal in due course. It is provided that the parties who may exercise these powers are an investigator appointed under the Merchant Shipping (Investigation of Marine Casualties) Act 2000 for the purposes of an investigation under that Act, a tribunal appointed by the Minister for Transport under the 2002 Act that considers the raising of a sunken vessel is necessary for the purposes of an inquiry, or the Minister for Transport, for the purposes that are specified in section 24(2).

Section 25 provides that the owner of a raised vessel must be notified when the vessel is no longer required for the purpose for which it was raised and has 28 days to reclaim and collect the raised vessel. Where the owner does not wish to reclaim and collect the vessel, the party that had the vessel raised may dispose of it by sale or otherwise. Section 26 provides that the cost of raising a vessel will be borne by the party that raised it. The proceeds of any sale can be set against any costs incurred and any net proceeds must be paid to the owner of the vessel. Section 27 provides immunity for the Marine Casualty Investigation Board or for the party that had the vessel raised in respect of anything done in good faith in the course of the raising, removal, inspection, storage or disposal of a sunken vessel. Section 28 makes it an offence for a person to obstruct or impede a relevant party in the raising of a vessel and provides for a maximum fine, on summary conviction, of €5,000. Section 29 requires that a party that has raised a vessel must give notice to the receiver of wreck for the district concerned and specifies that the provisions of the Merchant Shipping (Salvage and Wreck) Act 1993 do not apply to vessels to which Part 4 applies. Section 30 provides procedures for a situation where a foreign vessel is raised.

Part 5 comprises sections 31 to 34 and provides for safety measures. Section 31 replaces and updates the existing provisions that enable the making of rules for life-saving appliances. The rules cover vital safety matters such as requirements for provision and use of life-boats, life-jackets, distress signals, the carrying out of boat-drill and fire-drill practices and arrangements for dealing with emergency situations. The rules shall include any requirements necessary to implement the provisions of the SOLAS safety convention. As with each of the rule-making provisions in the Bill, section 31 provides for the extension of the inspection and enforcement powers of surveyors of ships and for the updating of the maximum fines for contravention of the rules.

Section 32 is a new provision and enables the making of regulations for inspection and approval of service stations for inflatable life-saving appliances and launching and embarkation appliances. The regulations may provide for the setting and enforcement of service standards for servicing such appliances. Regulations for the approval of a service station shall include any requirements necessary to implement the provisions of SOLAS. The section provides for inspection of service stations and appliances by surveyors of ships. An operator of a service station who contravenes section 32 is liable, on summary conviction, to a maximum fine of €5,000.

Section 33 is a new provision. At present, fire protection rules are regulated under the general life-saving arrangements. The new provisions for separate rules are more detailed and include any requirements necessary to implement the provisions of the SOLAS safety convention. The maximum fine is €5,000. The section provides for inspection of ships by surveyors of ships to check for compliance with the fire protection rules. It is an offence for a ship to proceed to sea if a deficiency as regards compliance with the rules has not been remedied beforehand. The maximum fine on summary conviction of this offence is €5,000 or, on conviction on indictment, €100,000.

Section 34 re-states the existing provisions from the Merchant Shipping Acts of 1906 and 1952, which require that a record be logged of each occasion that a boat-drill and fire-drill is practised and of each occasion that fire-saving appliances are examined. A master of a ship who fails to comply with section 34 commits an offence and the maximum fine on summary conviction is updated to €500. Section 35 provides that an Irish ship of over 150 tons gross tonnage is prohibited from proceeding to sea on an international voyage unless the ship is fitted with a signalling lamp or device. The existing provision in the Merchant Shipping Act 1966 refers to use of "a signalling lamp" and the addition of "or device" allows other means of signalling to be approved for use. An owner or master of a ship who fails to comply with section 35 commits an offence and the maximum fine on summary conviction is updated to €5,000.

Part 6, comprising section 36, contains provisions relating to the Maritime Labour Convention 2006. This is a new provision to give force of law in the State to the regulations and standards of the code of the Maritime Labour Convention 2006 adopted at Geneva on 23 February 2006. It will provide that the Minister is enabled to make regulations to fulfil the State's commitments under the convention in respect of Irish ships and seafarers sailing on those ships.

The regulations will establish a system for ensuring compliance with the convention, including surveys, certification, inspections, reporting and monitoring and ensure that ships carry maritime labour certificates and a declaration of maritime labour compliance as required by the convention. A commencement order will be required to bring this section of the Bill into operation in co-ordination with the employment and social legislative programmes of other Departments.

Part 7, comprising sections 37 to 41, inclusive, addresses miscellaneous matters. Section 37 supports the carrying out of enforcement by providing that it is an offence for a person to obstruct or impede or, without reasonable excuse, fail to comply with a request of an authorised person in exercising his or her powers. A person who commits the offence of obstructing or impeding is liable, on summary conviction, to a maximum fine of €5,000.

Section 38 introduces a new enforcement option by providing that where certain notices, issued by a surveyor of ships, are not complied with, the surveyor may apply to the Circuit Court for a compliance order. The owner or master of a ship may appeal to the Circuit Court against the requirements contained in a notice issued on him or her by a surveyor of ships. The operator of a service station who has been served with a notice has a right of appeal also.

Section 39 is a fees provision for certificates and inspections under the Merchant Shipping Acts for specified provisions. The main purpose of the section is to provide for fees for inspections under new provisions being introduced in this Bill. Section 40 amends the Merchant Shipping (Certification of Seamen) Act 1979 to provide for the charging of a fee for the issue of certificates and other documents that the Minister may issue.

Section 41, confirmation of acts of Marine Casualty Investigation Board, provides confirmation that the acts of the Marine Casualty Investigation Board or any consultant, adviser or investigator engaged by it or purported to be engaged by it between 5 June 2002 and 29 June 2007 are not invalidated on the grounds of the invalidity of an establishment order made in 2002 or that the board did not have a quorum between 25 March 2003 and 29 June 2007.

In essence, the initial commencement order of June 2002 was found to be flawed due to a typographical error. In correcting this issue, the need to reappoint the board members under the properly commenced Act in 2003 was overlooked and, therefore, technically the board had no valid quorum of members until reappointments were made in 2007. While recognising that the board and its investigators acted entirely bona fide in their statutory functions, legal advice recommended these specific provisions to validate past actions of the board be provided in primary legislation.

To summarise, my objective in presenting this Bill to the House is to put in place a safety regime ensuring the highest standards for safe construction, design and operation of vessels and up-to-date safety equipment and arrangements that will support skilled and competent seafarers across the trading, fishing and leisure areas of the maritime sector. I commend the Bill to the House.

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