Noel Dempsey (Meath West, Fianna Fail)

I move:

That, pursuant to Standing Order 127, it be an instruction to the Committee to which the Merchant Shipping Bill 2009 may be recommitted in respect of certain amendments, that it has power to make provision in the Bill to provide for a NEW PART 3 comprised of 7 Chapters to provide for maritime safety and the implementation of the Saving of Life at Sea (SOLAS) Convention of the International Maritime Organisation through the provision of regulatory and enforcement provisions in Chapter 1 - Chemical Tanker Rules, Chapter 2 - Liquefied Gas Carriage Rules, Chapter 3 - Nuclear Carriage Rules, Chapter 4 - High-Speed Craft Rules, Chapter 5 - safety provisions for Tendering Operations, Chapter 6 - Safe Manning Regulations and Chapter 7 - enforcement measures against Unsafe ships; to amend the Merchant Shipping (Certification of Seamen) Act 1979 (to provide standard provision for disposal of fees); to amend the Harbours Act 1996 (to provide for the medical fitness of marine pilots and to repeal the requirement for compulsory retirement at age 60) and to make necessary consequential amendments to sections 1, 11, 38, 39 and 40 and to the Long Title.

The Merchant Shipping Bill 2009 is important legislation in the strategy for improvement of the maritime safety agenda. A key aim of the Bill is to improve safety of life at sea by ensuring that our national law enables the further implementation of the International Convention for the Safety of Life at Sea, the SOLAS convention. I will now set out the proposed changes.

While waiting to have the Bill scheduled for Committee Stage the opportunity was taken to progress the preparation of additional SOLAS provisions to augment the contents of the Bill in that regard. The purpose of these new amendments is to provide for the implementation of additional elements of SOLAS. Ireland must have national legislation in place to enable the implementation of SOLAS. These amendments will meet this objective.

An increased number of tendering operations, the movement of passengers by boat from ship to shore, is being carried out here each year and an amendment to provide for safety regulation of tendering operations is proposed. A separate amendment is required to amend and extend the Harbours Act 1996. The purpose of the proposed amendment is to remove all statutory reference to the compulsory retirement of marine pilots on reaching 60 years of age. A new provision is proposed to require marine pilots to meet the required standards of medical fitness deemed necessary to carry out their duties. Suspension and appeal provisions are also provided. I indicated during the passage of the Harbours (Amendment) Act 2009 that I intended to address this outstanding matter in the Merchant Shipping Bill 2009. The inclusion of this amendment to the 1996 Act gives rise to an amendment to the collective citation in the Bill in section 1 and to the Long Title. Deputies opposite raised the matter with me at the time and I gave that commitment.

The proposed amendment to section 40 is standard to provide that any fees payable under sections of the Merchant Shipping (Certification of Seamen) Act 1979 be disposed of for the benefit of the Exchequer. Some technical and consequential amendments arise in respect of sections 11, 37, 38 and 39 of the Bill as a result of those new provisions.

The proposed amendments to Chapter 1 of the SOLAS convention on chemical tanker rules, which comprises sections 16 to 24, provide enabling provisions for regulation and survey of Irish chemical tankers and the inspection and enforcement of the applicable SOLAS provisions for all chemical tankers engaged on international voyages. Ireland has two chemical tankers on its flag. Section 16 provides definition for terms used in Chapter 1. Section 17 sets out the application of Chapter 1. Section 18 is an enabling provision to allow the Minister to make chemical tanker rules to prescribe structural, operational and survey requirements for chemical tankers. Section 19 provides for certification, endorsement of continued compliance and prohibiting a tanker from going to sea without having the required certification of fitness. Section 20 imposes duties on owners and masters to have the vessel comply with the requirements in respect of chemical tanker rules. Section 21 provides for continued compliance with standards and prohibits unauthorised changes to the structures and equipment of the ship. Section 22 sets out requirements on transfer of an Irish ship to a flag of a state to which SOLAS applies. Section 23 provides enforcement powers for surveyors of ships to check for compliance with this chapter through inspection of vessels and the issue of notices of non-compliance. Section 24 sets out the maximum monetary fines that the master or owner of a ship is liable for if convicted in court of breach of statutory requirements.

The proposed amendments in Chapter 2 comprising sections 25 to 33 provide enabling provisions for regulation and survey of Irish gas carriers and the inspection and enforcement of the applicable SOLAS provisions for gas carriers engaged on international voyages. Section 25 provides definition for terms used in Chapter 2. Section 26 sets out the application of Chapter 2. Section 27 is an enabling provision to allow the Minister to make gas carrier rules to prescribe structural, operational and survey requirements for gas carriers. Section 28 provides for certification, endorsement of continued compliance and prohibiting a tanker from going to sea without having the required certificates of fitness. Section 29 imposes duties on owners and masters to have the vessel comply with the requirements in respect of gas carriage rules. Section 30 provides for continued compliance with standards and prohibits unauthorised changes to the structures and equipment of the ship. Section 31 sets out requirements on transfer of an Irish ship to a flag of a state to which SOLAS applies. Section 32 provides enforcement powers for surveyors of ships to check for compliance with this chapter through inspection of vessels and the issue of notices of non-compliance. Section 33 sets out the maximum monetary fines that the master or owner of a ship is liable for if convicted in court of breach of any statutory requirements.

Chapter 3 deals in the same manner with nuclear carriage rules and comprises sections 34 to 49. It provides enabling provisions for regulation and survey of Irish nuclear carriers and the inspection and enforcement of the applicable SOLAS provisions for all nuclear carriers engaged on international voyages. Ireland has no nuclear carrier on its flag at present.

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