Noel Dempsey (Meath West, Fianna Fail)

I move amendment No. 79:

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

"CHAPTER 7

Unsafe ships

64.—This Chapter applies to—

(a) Irish ships to which this Part applies, and to any other ship to which this Part applies, while they are within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstances that neither the master nor the owner of the ship could have prevented or forestalled, and

(b) boats to which Chapter 5 applies.".

These amendments insert Chapter 7, which provides that unsafe ships may be detained by a surveyor of ships. Amendment No. 79 inserts new section 64, which specifies that the deterrent and enforcement measures to detain an unsafe ship apply in respect of the proposed SOLAS and safety regulations in the aforementioned Chapters 1 to 6, inclusive. The power to detain an unsafe ship in other circumstances is provided for in existing merchant shipping legislation and this amendment ensures the corresponding provision is put in place in respect of the new measures.

Amendment No. 80 inserts new section 65 to provide that a ship or boat may be detained by a surveyor of ships in a port in this State on the grounds of being regarded as an unsafe vessel until the relevant certificate or permit is issued. This power to detain gives teeth to the enforcement of the mandatory certification permits and documentation processes that have been put in place to ensure safe operations.

Amendment No. 81 inserts new section 66 to provide for the issuance of a notice of detention by a surveyor of ships. This notice can be withdrawn when the non-compliance defect is remedied.

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