Noel Dempsey (Meath West, Fianna Fail)

No.

Section 34 provides definition for terms used in Chapter 3. Section 35 sets out the application of Chapter 3. Section 36 is an enabling provision to allow the Minister to make nuclear carriage rules to prescribe structural, operational and survey requirements for Irish ships engaged or intending to be engaged in the carriage of nuclear cargo.

Section 36 is an enabling provision to allow the Minister to make nuclear carriage rules to prescribe structural, operational and survey requirements for Irish ships engaged or intending to be engaged in the carriage of nuclear cargo. Section 37 provides for the certification requirements for nuclear carriers and prohibits a carrier from going to sea without having the required certification of fitness. Section 38 imposes duties on owners and masters to have the ship comply with the statutory requirements in respect of the carriage of nuclear cargo. Section 39 provides for continued compliance with standards and prohibits the making of unauthorised changes to an Irish ship in regard to the carriage of nuclear cargo. Section 40 provides enforcement powers for surveyors of ships to check for compliance with this chapter through inspection of ships and the issue of notices of non-compliance. Section 41 sets out the maximum monetary fines for which the master or owner of a ship is liable if convicted in court for non-compliance with nuclear carriage rules.

Chapter 4 deals with high-speed craft. The proposed amendments in chapter 4, comprising sections 42 to 49, provide for the regulation under SOLAS of high-speed craft. The purpose of this chapter is to set out the separate standards and regulatory measures that are appropriate for high-speed craft. Ireland has no applicable high-speed craft under its flag at present. Section 42 provides definition for terms used in the chapter. Section 43 sets out the application of chapter 4. Section 44 is an enabling provision to allow the Minister to make high-speed craft rules. Section 45 provides for certification and endorsement of continued compliance with standards for high-speed craft. Section 46 imposes duties on owners and masters to have the vessels comply with the statutory requirements. Section 47 provides for continued compliance with standards and prohibits unauthorised changes to the structures and equipment of a high-speed craft. Section 48 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 49 sets out the maximum monetary fines for which the master or owner of a ship is liable if convicted in court of breach of the provisions of this chapter.

Chapter 5 deals in the same manner with tendering operations regulations. This is comprised of sections 50 to 56, which provide for the safety regulation of tendering operations. Section 50 provides the definitions for the terms used in chapter 5. Section 51 sets out application of chapter 5. Basically, the owner or master of a passenger ship or boat who proposes to undertake a tendering operation must apply to the Minister for a permit to undertake the operation and this step consists of submitting a tendering operations safety plan. Section 52 is an enabling provision to allow the Minister to make tendering operations regulations and to prescribe requirements for safe operations. Section 53 provides for the issue of permits to tender and prohibits the carrying out of tendering operations without having a permit in force. Section 54 imposes duties on owners and masters of a ship or boat in respect of the carrying out of tendering operations. Section 55 provides enforcement powers for surveyors of ships to inspect any ship or boat, including a tender or a vessel's tender, to check that a permit to tender is being complied with. Section 56 sets out the maximum monetary fines for which the master or owner of a ship or boat is liable if convicted in court for breach of the provisions in this chapter. Section 11 of the Bill is a consequential amendment. If tendering regulations are provided in chapter 5, it requires that an amendment be made to the text to section 11 of the Bill to exclude a reference to "tenders".

Safe manning regulations are dealt with in chapter 6, comprising sections 57 to 63, the purpose of which is to put enabling provisions in place for the regulation of safe manning on SOLAS ships. Section 57 provides definition for terms used in chapter 6. Section 58 sets out the application of chapter 6. Section 59 is an enabling provision to allow the Minister to make safe manning regulations to prescribe requirements for the appropriate minimum safe manning of ships. Section 60 provides for a procedure for the submission of proposals by the owner of an Irish ship on international voyages to the Minister for safe manning and the issue of safe manning documents. No unauthorised change can be made in the minimum safe manning of the ship and a ship is prohibited from going to sea without having a minimum safe manning document in force. Section 61 imposes duties on owners and masters of ships to which this chapter applies to comply with safe manning requirements. Section 62 provides enforcement powers for surveyors of ships to check for compliance with this chapter through inspection and issue of notices of non-compliance. Section 63 sets out the maximum monetary fines for which the master or owner of a ship is liable if convicted in court of breach of a minimum safe manning requirement.

Chapter 7, comprising sections 64 to 66, deals with unsafe ships and is to provide that any unsafe ships may be detained by a surveyor of ships. Section 64 provides that this deterrent and enforcement measure to detain an unsafe ship applies in respect of the proposed new SOLAS and safety regulation provisions in the chapters to which I have just referred. Section 65 provides that a ship or boat may be detained by a surveyor of ships in a port in the State on the grounds of being regarded as an unsafe ship until the relevant certificate, permit or document is issued. Section 66 provides for the issue of a notice of detention that is withdrawn when the defect is remedied.

As for other enforcement measures, I also propose amendments to extend the application of other enforcement measures under the Bill. Section 37 of the Bill prohibits the obstruction of a surveyor of ships while performing duties under the Bill. An amendment is required to section 37 to include the performance of duties under the proposed new chapters. Section 38 of the Bill provides that a surveyor of ships may apply to a Circuit Court for a compliance order where certain requirements under the Bill are not complied with. An amendment is required to section 38 to bring the new chapters within its scope. Section 39 of the Bill provides for the making of a fees order. An amendment is required to section 39 to cover new verification elements and to bring the proposed new chapters within its scope.

Members can see that the proposed SOLAS chapters and safety regulation provisions follow a clearly defined structure. Their purpose and intent can be clearly seen and the contribution they would make to significantly strengthen the Bill in respect of maritime safety is evident. I commend this amendments to the House.

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