Noel Dempsey (Meath West, Fianna Fail)

I understand this is a matter of concern for the Deputy and I share his impatience. However, it is not a case of nothing being in place to provide for these matters. People cannot be half drunk or half drugged and be involved in seafaring. That is not the case currently. We have a number of rules, regulations and laws in this area. International trading ships are required to comply with the International Maritime Organisation's international safety management, ISM, code. That requires a shipping company to identify all hazards and to manage the associated risks. Most companies assess risks and develop company specific drug and alcohol policies. In addition, domestic passenger ships proceeding to sea and domestic cargo ships in excess of 500 gross tonnes are also subject to safety management requirements. These require that the company identify all the hazards and manage the associated risks, including drink and drugs.

The merchant shipping medical examinations' regulations 2005 require seafarers employed or engaged in any capacity on board every seagoing ship, whether publicly or privately owned, to hold a valid certificate attesting to their medical fitness for the work in which they are employed. Those medical fitness standards applying in Ireland include comprehensive physical and mental fitness standards and may include addiction disorders. The revised medical standards provide for an updated and more comprehensive medical assessment with improvements in the standards relating to a number of conditions. The Department relies on the work on a panel of approved doctors located throughout Ireland to carry out medical assessments of seafarers.

As already stated, the approach taken in Ireland was to make provision in the Maritime Safety Act 2005 to prohibit the operation of vessels by a master or crew of a vessel in Irish waters or of an Irish ship in waters anywhere if they are impaired by being under the influence of alcohol or drugs or a combination of these intoxicating substances. Section 28(1) of that Act contains a prohibition on operating vessels while under the influence of alcohol or drugs and states:

A person being in command or in charge or another member of the crew of a vessel in Irish waters or an Irish ship in waters anywhere shall not operate or control or attempt to operate or control the vessel or carry out any task or duty in relation to such operation or control while he or she or the other is under the influence of alcohol or a drug or any combination of drugs...

Section 29 of the Maritime Safety Act 2005 addresses drunkenness among members of a crew. Section 30 imposes a duty on the person in command of a vessel in Irish waters to control the consumption of alcohol or drugs on board that vessel. Section 32 prohibits any person on board a vessel in Irish waters or on board an Irish ship in waters anywhere from endangering other vessels or persons on board by reason of being under the influence of alcohol or a drug or any combination of drugs.

I accept the Deputy's bona fides in respect of this matter. I share the view that we need to tighten up the position as much as possible. However, the advice available to me indicates that we would either need to develop the relevant provisions to a much greater degree than originally anticipated or that we should wait and continue to use the existing provisions until the IMO finalises its position on the matter. When the latter occurs, we could then put in place new provisions as swiftly as possible. This is the route we intend to take.

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