Michael McNamara (Clare, Labour) | Oireachtas source

I join with Deputy Seán Kenny in congratulating the Minister, Deputy Donohoe, on his recent appointment. As stated, this Bill is the first piece of legislation being brought through the House by him as Minister for Transport, Tourism and Sport. I wish him every success with it.

I propose to focus in particular on the registration of ships section of the Bill. I welcome that it is proposed to introduce a modern registry but respectfully suggest that the Minister might consider particular amendments to the Bill in that regard. This legislation amends the Merchant Shipping Act 1955, which brings into focus the fact that in this jurisdiction we do not legislate as often as other jurisdictions on a variety of matters and that Irish legislation is amended less frequently than is the case in other States. In amending legislation, we should look to the future in terms of our needs. In this regard, I wish to draw attention to the International Convention on Maritime Liens and Mortgages 1993. As Ireland has not yet acceded to or ratified that convention one might well ask why it is important. It is important for a particular reason. Currently, there is in place a registry of property. This means that where a person takes a case against another person for failure to pay and is successful in that regard he or she can register a judgment against the other person's property. A register of ships has the potential to operate in the same manner.

Article 4 of the International Convention on Maritime Liens and Mortgages 1993 states:

Each of the following claims against the owner.....shall be secured by a maritime lien on the vessel:

(a) Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;

(b) Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;

On that basis, while I welcome the proposed establishment of a registry of ships I believe it is important that that register specifically allow for the registration of liens to enable the enforcement of judgments for failure to pay wages. As stated by Deputy Kenny, there are, unfortunately, as in the case of every other sector of society, unscrupulous shipowners.

The other two issues about which I am concerned would require only minor amendments to the register, thus enabling Ireland, should it choose to do so, to accede to the International Convention on Maritime Liens and Mortgages 1993. Even if it chooses not to do so, acceptance of the proposed amendments would make it easier to enforce judgments for failure to pay wages, etc.. First, the register should be a public document which can be inspected by the public. It is probably intended that the register will be public but that is not explicit in the Bill. Maritime law and any change in that regard in Ireland has international effect because, obviously, ships frequently travel from one jurisdiction to another. As such legislation introduced and enacted in Ireland might well end up being cited in the Spanish or Portuguese courts and vice versa. It would be useful if it were explicitly stated in the legislation that the register will be public. I have heard the Minister's friends frequently speak of particular issues being dealt with by way of statutory instrument. It is easier to produce primary legislation and state explicitly therein that a particular document will be a public document.

Second, it should be possible for the Minister to address the issue of conditions for de-registration by way of primary legislation or regulation. It is all well and good to register but how does one de-register? I raise this issue for the following reasons. Article 3 of the International Convention on Maritime Liens and Mortgages 1993 states:

1. With the exception of the cases provided for in articles 11 and 12, in all other cases that entail the deregistration of the vessel from the register of a State Party, such State Party shall not permit the owner to deregister the vessel unless all registered mortgages, "hypothèques" or charges are previously deleted or the written consent of all holders of such mortgages,.....

In other words, where a person is successful in court in obtaining a judgment which is then registered against a ship, the owner of the ship or boat cannot deregister it without first having paid the judgment. That is fairly logical. My amendments are relatively minor and I hope that the Minister will consider them. If there is any particular reason they cannot be incorporated into the Bill - I am not aware of any but there may well be - I would welcome an explanation from the Minister in that regard.

There is one other aspect of this Bill which causes me concern. I welcome that all fishing boats are to be registered. I am sure that as in the case of every other sector of economic activity there is exploitation of persons in the fishing sector. The Bill provides that a ship carrying not more than three passengers for the purposes of angling, as exempted in the licensing of passenger boats regulations, will now have to be registered. Does that mean that every lake boat in Lough Derg, Connemara, the Corrib, etc., must be registered? There may well be reasons for this. Perhaps the Minister would clarify the matter. I read last week about an invasive species in Lough Ree which has the potential to create considerable damage to the angling resource that is Lough Ree. Zebra mussels are an invasive species which are accelerating at a rapid rate in Lough Derg. Perhaps the reason for the registration of angling boats is to enable the State to more closely follow their activities. Perhaps the Minister would clarify if this is the case. I raise this issue because I believe it is one about which there is little awareness among the general public. There certainly is no awareness of it yet among anglers and persons who own lake boats. If it is the case that such boats are to be registered then there is a need for greater public consultation on the issue.

I thank the Minister for his attentiveness during my contribution, which is not always the case in regard to the passage of legislation through this House. I commend the Bill to the House.

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