Noel Dempsey (Meath West, Fianna Fail)

The Deputy's amendment reflects the blood, breath and urine threshold levels for alcohol concentrations that are being proposed for motorists under the new Road Traffic Bill. As I indicated on Committee Stage, policy on the control of drug and alcohol use in respect of seafarers is being developed in the forum of the International Maritime Organisation, IMO. It has undertaken a comprehensive review of safety training and certification for watchkeepers, the Standards of Training, Certification and Watchkeeping, STCW, convention and code. As part of the review, at the 40th session of the group, Germany presented a proposal which relates to the prevention of drug and alcohol abuse. That proposal recommends the following: the implementation of a mandatory alcohol limit on board seagoing ships of 0.05% blood alcohol level; the prohibition to consume alcohol within four hours prior to serving as a member of the watch or being on call; and provision for adequate random tests on board ships, under the responsibility of the master, by means of devices for estimating blood alcohol content from a breath sample.

Ireland supported the proposal at the STCW 40th session and expects it may be endorsed at the diplomatic conference in Manila in June 2010. If endorsed, it will be brought before the next meeting of the IMO assembly. After Committee Stage, I considered whether an enabling provision could be included in the Bill to follow through on whatever policy will emerge from the deliberations taking place in the IMO. The drafting of a provision was discussed with the Parliamentary Counsel and my Department was advised that a general, open enabling measure as proposed could have vires problems if sufficient policies and principles were not being provided in the enabling primary legislative measure. It would not be appropriate to try to anticipate and second guess principles and policies emerging from the type of provision that would be pursued by the IMO. The prudent course of action is to follow closely and await the details of the policy that emerges from the IMO and to legislate accordingly as a follow-up to agreed international practice. Currently, in the Maritime Safety Act 2005, a range of offences are provided for master or crew of an Irish ship who operate vessels in Irish waters or operate an Irish ship in waters anywhere if impaired by being under the influence of alcohol or drugs or a combination of these intoxicating substances.

We have considered this issue. Work is progressing at the IMO and we support that work. The legal advice is that unless we had significantly more work done with regard to the principles and policies before putting this section into the Bill, we could have difficulties with it in the future. Rather than delay the Bill, we have decided to go ahead with it as it is. However, as soon as the IMO convention is finalised, we will bring the necessary legislation before the House.

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