Dáil debates

Tuesday, 7 July 2009

Harbours (Amendment) Bill 2008 [Seanad]: Report and Final Stages

 

12:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)

I move amendment No. 13:

In page 15, line 34, after "circumstances" to insert the following:

"and after all relevant consultation with maritime stakeholders has taken place".

These amendments relate to a lengthy discussion we had on Committee Stage about the role of pilots and the perception in the Association of Maritime Pilots of Ireland and other pilot representative bodies that their concerns were not being adequately addressed by the Minister and the Department.

Amendment No. 13 is similar to previous amendments. Pilotage charges may be imposed by a company in different circumstances and it would be very helpful for pilots and their representative bodies to have a statutory right to be consulted in these circumstances. I sought to amend section 13 by inserting this amendment.

Amendments No. 14 concerns an issue that goes to the heart of the concerns of pilots. This section refers to lengthy representation and correspondence between the Association of Maritime Pilots of Ireland, the Minister and Department in respect of the retirement age of 60, which was introduced by the 1996 Act. Many view it as grotesquely unfair. This has been the subject of numerous representations, correspondence and meetings between the Association of Marine Pilots of Ireland and the Departments. It is felt that there is an authoritarian rule whereby an age limit of 60 was introduced arbitrarily. It goes against the interests of good pilotage. Given the importance of pilots to the safe administration of ports, this is a grievous blow to able and fit pilots over the age of 60 and introduces an element of discrimination. There was no such requirement for an age limit before 1996.

We had a lengthy discussion on this matter on Committee Stage. We discussed compulsory retirement and the issue of a senior garda taking a case in the courts on this matter. We discussed how our attitudes to this area are different and referred to the European directive. The 1996 Act introduced unfair discrimination against pilots and we should have considered this.

I have correspondence from Mr. Bob Kieran, chairperson of the Association of Maritime Pilots of Ireland. He understood that the Minister had given a commitment to remove the compulsory retirement age in this legislation. The Minister told us on Committee Stage that it could not be done but gave a commitment to table an amendment to this effect in the Merchant Shipping Bill, which is before this House and will be discussed in September.

We voted on recommitting this Bill because I was not sure that this was the case or whether we can look forward to this anomaly and injustice against marine pilots being removed from legislation in the Merchant Shipping Bill. Mr. Kieran and others asked why we must wait for the Merchant Shipping Bill and why we cannot do this tonight. The Minister can insert an amendment to this effect, remove the arbitrary limit of 60 years of age and return it to 65.

Amendment No. 15 is based on correspondence with marine pilots who raised concerns about the levels of insurance they must have if we increase fines by a particular amount. A major insurance problem will emerge. I sought to remove this by removing the section. Amendment No. 16 concerns the possibility of the junior officer being change of the navigational watch and getting a pilot's exemption, which seems to be an unsafe practice. The amendment seeks to remove a navigational watch officer from having pilot exemption. The Minister said that this would be for a very small vessels. It seems to introduce nonsense in respect of safe pilotage in our major ports.

Amendment No. 17 refers to the holder of a subsisting document issued by another member state of the European Communities, the Kingdom or Norway or the Republic of Iceland and the fact that such a person would have the highest standards in internationally recognised pilotage qualifications and medical fitness so that there is an absolute standard for pilots. Amendment No. 18 is similar to amendment No. 13, proposing that certain developments will take place only after consultation with pilots.

Amendment No. 19. proposes that we adopt the international standard for pilotage organisations. This is a key group of maritime marine workers. Many of us represent marine constituencies. Many pilots feel they have been badly treated, particularly in respect of the age limit but also in respect of consultation. I urge the Minister to accept these amendments.

Comments

No comments

Log in or join to post a public comment.