Noel Dempsey (Meath West, Fianna Fail)

I move amendment No. 1:

In page 5, line 15, after "2005" to insert the following:

"AND TO AMEND AND EXTEND PART IV OF THE HARBOURS ACT 1996".

I propose to take amendments Nos. 1, 2 and 107 together. The purpose of amendment No. 107 is to include an amendment to the Harbours Act 1996. As a consequence of amendment No. 107, amendment No. 2 is required to amend the citation in section 1. Amendment No. 1 is required to expand the long title to reflect the amendment to the Harbours Act 1996.

By way of explanation, Deputies will recall in our debate during the passage of the Harbours (Amendment) Act 2006 that the issue of compulsory retirement for marine pilots upon reaching 60 years of age arose. I had hoped to address this issue during the passage of that Act but, as I outlined during the debate, several complex issues were identified during discussions between my officials and the Office of the Attorney General. The matter required further examination but I am pleased to indicate now that we are in a position to bring forward this amendment to remove the compulsory retirement provision for marine pilots at age 60 years.

As I outlined in the previous debates on the matter, a key area of concern was the need to maintain the highest standard of maritime safety, especially in light of the vitally important role our marine pilots play within the shipping industry. Deputy Broughan raised this issue in particular. As well as removing the provision of compulsory retirement at age 60 years, the amendment introduces a new section to the Harbours Act 1996 which would require all marine pilots to satisfy the relevant port company that they meet the required standards of medical fitness deemed necessary to carry out their duties. Furthermore, the section states these examinations should be carried out not less than once every two years, which is in line with the medical requirements imposed upon seafarers generally. I am satisfied that the removal of this compulsory retirement at 60 years of age provision together with the medical fitness requirements will help to ensure not only that capable marine pilots are allowed to continue in work beyond 60 years of age, but that the crucial demands of navigational safety will be met.

The introduction of the provision requiring medical fitness standards in the profession mirrors the current situation and practice where such requirements are common place. It was also one of the recommendations of the investigation into the Bro Traveller incident in Dublin in 2005. The report recommended that port companies implement the IMO, International Maritime Organization, pilot resolution A9.60 on which medical health requirements are based. The section also provides for the suspension of a pilot from duties should he or she not meet the required medical standard. The amendment provides for an appeal process for both licensed and employed pilots should their licence or employment be suspended or revoked. The appeal process is similar to an existing appeal process contained in section 73 of the 1996 Act with regard to the suspension or revocation of a pilot's licence. Amendment No. 108 tabled by the Labour Party proposes to address the matter by substituting "65" for "60", but the Deputy will agree that the way we are doing this is probably better because it does not create any limitations except health ones.

See this speech in context