Dáil debates

Wednesday, 2 June 2010

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage

 

12:00 pm

Photo of Noel DempseyNoel Dempsey (Meath West, Fianna Fail)

I move amendment No. 57:

In page 23, between lines 13 and 14, to insert the following:

"CHAPTER 4

High-Speed Craft

42.—In this Chapter—

"accepted high-speed craft safety certificate" has the meaning assigned to it by section 45(7)(b);

"date constructed" in relation to a ship to which this Chapter applies, means the date the keel of which was laid or was at a similar stage of construction;

"High-Speed Craft Code 1994" means the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.36(63) as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.119(74), MSC.174(79) and MSC.221(82);

"High-Speed Craft Code 2000" means the International Code of Safety for High-Speed Craft, 2000 adopted by the Maritime Safety Committee of the Organisation by Resolution MSC.97(73) as amended by the Maritime Safety Committee of the Organisation by Resolutions MSC.175(79) and MSC.222(82);

"high-speed craft" means a ship capable of a maximum speed, in metres per second (m/s), equal to or exceeding:

3.7?0.1667 where

? = volume of displacement corresponding to the design waterline (m3);

but does not include craft the hull of which is supported completely clear above the water surface in non-displacement mode by aerodynamic forces generated by ground effect;

"high-speed craft safety certificate" has the meaning assigned to it by section 45(1)(a);

"high-speed craft rules" means rules made under section 44;

"maximum speed" means the speed achieved at the maximum continuous propulsion power for which the craft is certified at maximum operational weight and in smooth water;

"permit to operate (HSC)" has the meaning assigned to it by section 45(3)(a);

"place of refuge" means any naturally or artificially sheltered area which may be used as a shelter by a ship to which this section applies under conditions likely to endanger its safety;

"similar stage of construction" means the stage at which construction identifiable with a specific ship begins, and assembly of that ship has commenced comprising at least 50 tonnes or 3 per cent of the estimated mass of all structural material, whichever is the less;

"transit voyage" means a voyage for the purpose of delivery or repositioning of a ship.".

These amendments deal with a new Chapter 4 on high-speed craft. Amendment No. 57 inserts Chapter 4 to provide for the regulation under the Saving of Life at Sea, SOLAS, Convention of certain 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 on its flag at present.

Amendment No. 57 provides for section 42 to set definitions for terms used in Chapter 4. Amendment No. 58 provides section 43 to set out the application of Chapter 4. Amendment No. 59 provides section 44, which is a key enabling provision to allow the Minister for Transport to make high-speed craft rules. Amendment No. 60 provides section 45 for the certification and endorsement of continued compliance with standards for operation of high-speed craft. Provision is also made for the issue of permits to operate as a safety and regulatory control for safe operation to carry passengers and cargo.

Amendment No. 61 provides section 46 to impose duties on owners and masters to have high-speed craft comply with statutory requirements. Amendment No. 62 provides section 47 for continued compliance with standards and prohibits unauthorised changes to the structures and equipment of high-speed craft. Amendment No. 63 provides section 48 to confer enforcement powers for surveyors of ships to check for compliance with this chapter, the high-speed craft rules on permits to operate through inspection of vessels and the issue of notices of non-compliance. Amendment No. 64 provides section 49 to set out the maximum monetary fines that the master or owner of a high-speed craft vessel is liable for if convicted in court of breach of the provisions of this chapter.

Will I address the Labour Party amendments to the amendments or will I allow the Deputy to put the amendments and then address them?

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