Dara Calleary (Mayo, Fianna Fail)

The Minister indicated during the Second Stage debate in May that the objective of the Bill was to put in place a safety regime ensuring the highest standards for safe construction, design and operation of vessels and the 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. The SOLAS matters in the Bill, as published, include construction rules for passenger vessels, cargo ship construction and survey rules, radio rules, navigation and tracking rules, cargo ship bulk carrier rules, fire protection rules, rules for life saving appliances and arrangements and improvement of service stations for inflatable life saving appliances.

The main new amendments are the subject of the motion and relate to chemical tankers, gas carriers, carriage of nuclear cargo, safe manning and additional SOLAS related measures. I appreciate that the proposed SOLAS and safety amendments that are the subject of the motion are lengthy and technical in nature. In light of this, the Minister gave advance notice of the proposals to Opposition spokespersons in December last and requested the Bills Office to provide early release of the proposed amendments to give extra time for their consideration. On behalf of the Minister, I thank the Bills Office for facilitating earlier release of the proposals on 28 January to members of the Select Committee on Transport. A detailed briefing note was issued by the Department in early February. The Minister hopes this information has been of assistance in informing the debate.

The contents of each of the proposed chapters on SOLAS are set out in the standard framework to provide enabling powers to make rules or regulations for Irish ships to which the chapters apply and other ships engaged in such carriage while in any port in the State and to provide for the survey and certification of Irish ships to which the chapters apply. They set out the duties of owners and masters, provide powers to surveyors of ships for inspection and enforcement and set out offences and maximum levels of court fines.

A number of issues were raised regarding the structure of the amendments. The reason the amendments were structured as they are is that Parliamentary Counsel has adopted a new drafting format for complex Bills designed to improve clarity in primary legislation. The proposals in the Bill follow this format. While this results in a higher number of sections, the structure in the chapters and sections is clearer in presentation.

I understand Deputies O'Dowd and Deasy raised questions and queries concerning the issue of alcohol and drug testing. The thresholds for alcohol are not specifically provided for in maritime legislation at present. The approach taken in Ireland was to make provision in the Maritime Safety Act 2005 to prohibit the operation of vessels where a crew is impaired by being under the influence of alcohol or drugs. Section 28 prohibits operating a vessel while under the influence of alcohol or drugs. Section 29 outlines the offences on drunkenness of a crew and section 30 sets out offences on the control of drugs and alcohol by the masters of vessels.

I note Deputy Deasy's remarks and will bring them to the attention of the Minister who was called away to attend another engagement. Deputy O'Dowd raised the issue of Air Corps involvement in search and rescue. The Department of Defence has confirmed that the Air Corps does not have the capacity to undertake maritime search and rescue, in particular, in terms of trained pilots, winchmen and properly equipped helicopters. Air Corps helicopter assets are not configured for maritime search and rescue and there are no plans to restore this capacity as significant investment in equipment and training would be required over many years before it could be brought to an operational level.

Deputy Broughan raised issues regarding troop ships. The reason certain vessels, including troops ships, ships of war, fishing vessels and certain recreational craft, were excluded is that these vessels are excluded under SOLAS and the purpose of the Bill is to put in place enabling provisions for the implementation of SOLAS. Separate domestic legislation applies to fishing boats, etc., under the earlier Merchant Shipping Acts.

Deputy Broughan asked what would happen if a ship which had the IBC code certificate, etc., under one state was transferred to a non-convention state. The proposals in the amendments provide that the international certificate of fitness for chemical, gas and nuclear carriage cease to be in force upon transfer of a ship to the flag of another state. I hope I have provided some clarification. I will bring Deputies' comments to the attention of the Minister.

See this speech in context