Noel Dempsey (Meath West, Fianna Fail)

I move amendment No. 15:

In page 15, to delete lines 5 to 17 and substitute the following:

"(a) in the case of a passenger steamer, the owner or master of the steamer,

without prejudice to any other remedy or penalty under the Merchant

Shipping Acts commits an offence and is liable—

(i) on summary conviction, to a fine not exceeding €5,000, or

(ii) on conviction on indictment, to a fine not exceeding €100,000,".

Amendment No. 15 to section 11 is a consequential amendment - if tendering regulations are provided in Chapter 5 that I propose under amendments Nos. 65 to 71, it follows that an amendment is required to be made to the text of section 11 to exclude a reference to 'tenders'. We are anticipating something that will occur later.

Deputy Broughan's amendment No. 16 relates to the same provision covered by my amendment No. 15. He proposes to introduce a new method of determining the maximum monetary penalty that a court could levy on conviction. I have already indicated that I do not propose to introduce this alternative method in the Bill but instead to consider the matter in the context of the consolidation of the merchant shipping legislation. I have given a commitment to the Deputy on that basis.

Chapter 5 relates to the tendering operation regulations. The amendment inserts Chapter 5 in Part 3 to provide for the safety regulations of tendering operations. An increased number of tendering operations, the movement of passengers by boat from ship to shore and return, are being carried out here each year and the purpose of the amendment is to provide for safety regulation of tendering operations.

Amendment No. 65 provides section 50 to give definitions for the terms used in Chapter 5. Amendment No. 66 provides section 51 to set out application of Chapter 5. 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. This step consists of submitting a tendering operations safety plan. Amendment No. 67 provides section 52, which is the key enabling provision, to allow the Minister to make tendering operations regulations and prescribe requirements for safe operation.

Amendment No. 68 provides section 53 to regulate for the issue of permits to tender. An operator is prohibited from carrying out tendering operations without having a permit to tender in force. Amendment No. 69 provides section 54 to impose duties on owners and masters of a ship or boat in respect of the carrying out of tendering operations. Amendment No. 70 provides section 55 to confer the enforcement powers on surveyors of ships to inspect any ship or boat including a tender or vessel's tender to check that a permit to tender is being complied with. Amendment No. 71 provides section 56 to set out the maximum monetary fines that the master or owner of a ship or boat are liable for if convicted in court for breach of the provisions in this chapter, tendering operation regulations or a permit to tender.

The effect of the three Labour Party amendments would be to require a court to determine matters. We have discussed the matter and there is no point in going over it again. It relates to the 10% annual turnover which we dealt with previously so I will not delay the House.

See this speech in context