Joe Higgins (Dublin West, Socialist Party) | Oireachtas source

The Bill updates the principal legislation, namely, the Mercantile Marine Act 1955. It is appropriate to revise existing law and centralise the registration of ships in the manner indicated by moving from the current diverse and scattered procedure in which some 12 different decentralised authorities are responsible for registration. It is also appropriate to commence the process of regulating the use of jet skis which can be hazardous and a nuisance and should only be used in a manner that is environmentally friendly, safe and does not interfere with the right of others to enjoy their surroundings on or near bodies of water.

The registration process for ships is necessary and important. The Oireachtas Library and Research Service, in its Bill digest, sums up the position as follows:

Ship registration is the process by which a ship is documented, flagged and given nationality. The nationality allows a ship to travel internationally as it is proof of ownership of the vessel.

Providing for this type of information on registration is necessary given the risks that are often involved in shipping, by its very nature. The safety of crews and, in the case of passenger ships and ferries, passengers is paramount. Unfortunately, when one hears, as we frequently do, of mass tragedies in poorer and less developed countries where regulation is clearly lax and passenger ferries sink with huge loss of life, one appreciates all the more that the necessity to ensure safety is paramount. It is also necessary to have control in case ship or ferry operators take shortcuts with safety to maximise profit, thereby placing crew and passengers at risk.

It is also crucial to provide for protection of the environment and ecosystems, particularly from pollutants to which shipping can give rise. Unfortunately, major oil spills occasionally occur, causing huge environmental damage to the areas of ocean affected. I am sure there are also many unreported instances of pollution, with consequent damage to the environment, wildlife, etc. For this reason, it is very important that ships and tankers carrying oil and so forth are strictly regulated.

The Bill includes detailed regulations on many aspects of shipping, from rules regarding the hoisting of the national colours to the power of ship surveyors to detain a ship in certain circumstances. I am very concerned that the legislation does not make any additional provisions for those who work as employees on ships, namely, sailors and mariners, the men and women who keep international trade and passenger services going around the world. I have no doubt the Minister will argue that existing labour law includes provisions to protect such workers. The evidence shows, however, that specific measures are needed to protect workers in the shipping and fishing industries. It frequently occurs that ships pull in to a port in this country and it is subsequently revealed that workers have been highly exploited, have not been paid and are held virtually in bonded labour. Such workers are not protected by emergency action by the State. Mr. Ken Fleming, an officer of the International Transport Federation, has highlighted this issue and repeatedly sought to protect such workers. He and his federation have brought home to us the type of horrific exploitation that takes place in sections of the shipping industry.

The Bill provides for the right of ship surveyors or other designated persons to detain a ship. It should also provide a right for a workers' rights officer to detain a ship in an Irish port at short notice if there is credible evidence or a suspicion of exploitation or very poor conditions for the workers on board, for the purpose of rectifying and vindicating the employment and human rights of people who find themselves in such circumstances.

A serious issue arises with regard to workers on fishing boats around this island. Again, the International Transport Federation has made serious criticisms of the State in respect of negligence of the welfare of workers in the fishing industry.

It alleges that there is serious exploitation of workers in sections of the fishing industry, that migrant workers here do not have legal documents to be in the State and are therefore vulnerable to exploitation and bullying which can put their lives at risk in the dangerous circumstances of the fishing industry. The ITF has recommended to the Government, for example, an amnesty to allow a space for workers who are in such difficulties to come forward to be regularised and have their rights vindicated. That would give rise to a healthier situation all round, safer working conditions and safety with regard to workers' lives.

Also, nothing in the Bill addresses the pernicious European Union rules which allow shipping companies to register under flags of convenience. There is a lot in this Bill about the rules on when the national flag should be hoisted but it is silent on the abuse of workers that happens under the flags of different nation states within the European Union. We had here the notorious example of Irish Ferries in 2005, where an Irish company with some blue-chip capitalists on its board changed its flag from Ireland to Cyprus in order to carry out a massive exploitation of migrant workers and get rid of hundreds of the existing workforce who were on trade union rates of pay and conditions. This was a national scandal here in 2005 but they were let get away with it. The then Fianna Fáil Minister put his hands up helplessly, stating these were European Union rules and there was nothing the Government could do about it. It was an incredible step in the race to the bottom as far as workers rights, wages, etc., were concerned.

The Minister's colleagues in government - I went back over the Dáil record in preparation for this debate - were up in arms about this situation, as was the Labour Party. At the time, they were creating a huge ruckus in here in the Dáil, as I was also, demanding action from the then Government of Fianna Fáil and the Progressive Democrats. They, and the Minister, have been in power over three years but there has been no attempt whatsoever to rectify and challenge within the European Union a situation by which EU rules can be used in order to create a regime of mass exploitation of workers plying important routes between Ireland and France or wherever, whether carrying merchandise or passengers. In my view, that should be a part of this Bill.

Maidir leis an mBille Loingis Cheannaíochta (Longa a Chlárú) 2013, aontaím gur ceart go mbeadh próiseas ann chun clárú lárnach a dhéanamh maidir le longa, báid iascaigh agus a leithéid. Is ní an-thábhachtach é clárú loinge. Ceadaíonn an próiseas seo do loingeas taisteal go hidirnáisiúnta agus dearbhaíonn sé úinéireacht long. Tá sé tábhachtach go mbeadh smacht ag an Stát seo ar shábháilteacht fhoireann long agus ar shábháilteacht na bpaisinéirí nuair is long a thógann paisinéirí atá i gceist.

Tá sé tábhachtach do caomhnú timpeallachta agus don comhshaol go mbeadh rialacha ann maidir le sábháilteacht timpeallachta agus caomhnú na timpeallachta ó truailliú agus a leithéid. Mar a fheiceann muid, tarlaíonnn tubaistí móra le longa anois agus arís a dhéanann truailliú uafásach ar an bhfarraige, le doirteadh ola agus a leithéid. Déanann sin an-damáiste d'éin fiáine.

Baineann an-chuid den Bhille seo le rialacháin loingis agus bratacha agus mar sin de, ach níl focal ar bith le rá ann maidir le leas lucht oibre sa tionscal loingis, ar nós mairnéalaigh agus daoine ag obair mar iascairí. Cé go ndéarfaidh an tAire, b'fhéidir, go bhfuil dlithe ann cheana féin chun cearta lucht oibre a bhaint amach, is fíor go bhfuil daoine a oibríonn ins an tionscal loingis leochailleach go mór. Bíonn siad amuigh ar an bhfarraige agus go minic ní bhíonn ceardchumann acu. Dá bhrí sin, ba cheart go mbeadh rialacha nua sa Bhille seo maidir le cearta lucht oibre sa tionscal seo. Níl sin ann. Minic go leor, nuair a thagann longa go dtí an tír seo, feiceann muid go bhfuil fadhb mhór ag lucht oibre na longa sin maidir lena gcearta agus a bpá agus feiceann muid nach bhfuil an tacaíocht chuí agus riachtanach ann dóibh. Ba cheart go ndéanfaí athrú ar sin agus go gcuirfí an chosaint sin isteach sa Bhille seo.

Rud eile, ba cheart na rialacha maidir le bratacha difriúla a athrú, mar faoi láthair is féidir le comhlachtaí dul faoi bhratach tír eile san Eoraip i dtreo agus gur féidir leo laghdú a dhéanamh ar phá agus ar choinníollacha oibre na foirne, faoi mar a dhein Irish Ferries i 2005. Ba cheart go mbeadh foráil faoi seo sa Bhille chomh maith. Labhair na páirtithe atá sa Rialtas anois amach go hard faoi seo sa bhliain 2005 agus ba scannal mór a bhí ann an bascadh a deineadh ar chearta oibrithe ag an am.

See this speech in context