Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Thank you.

I thank all Deputies who contributed to the Second Stage debate on this Bill. While I have only been present in the House for the contributions made this morning I have been updated on the commentary and points made by other contributors. I welcome the general welcome to date for this Bill.

I listened carefully to all of the contributions made this morning, including by Deputy McNamara. I propose to respond today to some of the particular issues raised by him and to have a discussion with him at a future date in an effort to better understand from where he is coming on the other particular issues.

What I will do is discuss this with the Deputy afterwards so I can better understand where he is coming from and determine whether the issues he mentioned can be addressed. I greatly welcome the fact that he has obviously read the Bill and gone through it. He has come forward with some detailed points on which I would like to have the opportunity to engage, both in the House and elsewhere.

All speakers this morning have focused on the essential part of the Bill. The Bill seeks to focus more deeply and effectively on the issue of registration and to update a framework that has been in place since the 1950s. By doing that, it provides a renewed focus on the issue of safety, which will be at the core of the new registration regime. This will enable me, as Minister, to issue secondary regulations in the future. The Bill is not just important for what it does as primary legislation, because it will give me and my Department the ability to issue secondary regulations to tackle specific issues that need to be dealt with.

As some speakers have already acknowledged, the actions in the Bill are consistent with what is happening at EU and international levels to enhance ship safety and deal with an issue referred to by Deputy Boyd Barrett, that of pollution at sea and in harbours. The objective is to determine how that problem can better be dealt with. The Bill recognises that there has been a gigantic increase, both historically and recently, in maritime trade internationally, in addition to greater use of vessels for recreation. This was well exemplified in the point Deputy John Paul Phelan made in his contribution. He said that while it may seem odd for a Deputy representing a landlocked constituency to be referring to this Bill, he was doing so because there are locations in his constituency where vessels are used for recreation. This phenomenon has grown in recent years. It was always evident in Ireland, but because it has grown it is important that we address any gaps that exist in our national registration legislation to deal with these kinds of change.

The issues we are examining in particular include the absence of ship registration categories, ship registration renewal, and a facility to remove unsafe or unsuitable ships from the register. The latter touches on a point that Deputy McNamara raised with me in his contribution. Also being examined is the issue of inadequate enforcement and penalty provisions. By dealing with all these issues, we are aiming to put in place a far more accurate and comprehensive central record of ships under the Irish flag and of ships using Irish waters, all with a view to enhancing the safety and environmental compliance of Irish ships.

Until this Bill is enacted, current arrangements will remain in force. They will continue until a number of particular developments take place. First, the Bill must be passed by the Oireachtas. Once the primary legislation is in place, we must then consider its commencement and the issue of subsequent regulations. Then we will need to establish the electronic register in light of the legislation and, from that, we will have to ensure we have the necessary administrative systems. All of this work is challenging. A number of Deputies have commented on what is in place at present. It is worth saying that while we have 3,200 ships that are centrally registered, these registrations are spread over 11 locations within the State. Many of the registrations are in paper format, which, of course, is why we want to move to a centralised system that is operated electronically, as it should be.

Let me refer to some of the points made by Deputies this morning. I will respond first to some of those made by Deputy McNamara. He concluded with a question on the breadth of registration. I want to confirm to him that only commercial angling boats will be subject to the terms of reference of this Bill. A vessel registered as commercial will have to be covered in the Bill.

With regard to Deputy McNamara's point on public access to the register, I draw his attention to section 9(10), which addresses the issue. It will put in place regulations to provide access. Currently, access is available to basic aspects of the register. That will continue to be the case. On Committee Stage, I will understand the Deputy's observations more deeply and perhaps I will examine his concerns regarding access at present. If I conclude that we need to address the issue, I will be happy to engage with the Deputy on it.

With regard to the more substantive point made by Deputy McNamara on liens, I will revert to the Deputy in the future on this. With regard to registration, I believe I have answered the question. On the issue of access, I can emphasise what is in place at present. We will seek to continue with this in the future. If the Deputy believes there is a gap, let us have a discussion on it in the Chamber, including on Committee Stage, and perhaps elsewhere. With regard to liens and the issue of deregistration, as raised by the Deputy, let me seek to understand the issue more deeply and determine how the Bill addresses it.

Before addressing the points made by Deputies Kyne, John Paul Phelan, Boyd Barrett and Kenny this morning, I will address the issue of consultation. Considerable effort has been made to date through my officials and my predecessor to consult stakeholders on the Bill. It is evidence of the success of that consultation that, up to this point, the Bill has been broadly welcomed. Speakers who contributed before today referred to consultation in regard to my issuing enabling regulations or secondary instruments. It is very difficult for me to give a binding commitment regarding the number of instruments and regulations that I will have to sign and implement. However, because of the breadth and number of these, it is not normal practice to engage in consultation on them. What we try to do is to maximise consultation at primary level so that when we get to secondary level we will be doing something that is understood, if not always agreed to. However, if informal consultation is needed regarding certain decisions that need to be made, we will seek to have it as and when the need arises.

Deputy Kyne asked about outsourcing and how it would work. I will make two points on this and on what other speakers have said. First, our absolute intent at this stage is to create a central office within my Department to deal with registration and its administration. The reason, as outlined by many people, is that registration and safety are very much related. Therefore, I want the register in my Department and not under a new State body. That answers the specific question Deputy Kyne put to me.

Of course we will examine particular administration or service delivery aspects of it and, if it is appropriate, we might seek to outsource areas of that if we decide it makes sense in the future. However, issues relating to the international status of the registry, the need to retain control over the registration of ships under the Irish flag and our international responsibilities under the United Nations Convention on the Law of the Sea are specific to my Department and are areas we would wish to retain under central control. I hope that answers the question put by the Deputy.

That brings me to section 10 of the Bill. If changes were to be made to the administration of the Bill or how that service was to be delivered and if another body were to play a role in that regard, I would wish to ensure it was a State agency that would be subject to the requirements in section 10 in respect of corporate governance, financial requirements and oversight and in respect of freedom of information. Any agreements, therefore, will stipulate the specific terms and conditions that will apply to the agency carrying out the functions involved, which must be undertaken in accordance with the provisions of the Bill and any subsequent regulations. It would be the Minister of my Department, with the consent of the Department of Public Expenditure and Reform, that would have sole regulatory power under the Bill to set fees applicable.

Deputy Boyd Barrett, Deputy Kenny and other Deputies raised the issues of pay rates for seafarers and workers' rights. It should be emphasised that workers on ships that are registered under our current legislation and that will be registered under this legislation when it is enacted are absolutely subject to the provisions of Irish law irrespective of where a ship is sailing to or where it is located. That obviously includes the Irish minimum wage of €8.65 per hour. In the case of ships that are not registered in Ireland, Irish law relating to pay and working and living conditions does not apply to them. If the owner of a ship decides to register his or her ship elsewhere, our laws on pay and living conditions do not apply. However, the maritime survey office of the Department can inspect visiting ships under current legislation to ensure compliance with international law. The maritime safety office may, if it judges it to be necessary and appropriate, detain ships which it considers pose a safety hazard and do not comply with international law. It is only when those matters are resolved that the maritime survey office would make the decision to release the ship and allow it to exit the port.

I note what Deputy Dooley said on the issue of enforcement. This issue is covered by section 39 of the Bill, which details the authorised persons who would play a role in the implementation of the Bill. They include the surveyor, members of the Garda Síochána, officers of the Revenue Commissioners, harbour masters, sea fisheries protection officers, authorised officers of Inland Fisheries Ireland, defence personnel and officers of the Irish Coast Guard. These are all persons who, in the normal course of their daily activities, might come across registration contraventions and they will now be able to take action under the Bill.

Section 41 of the Bill refers to what I just I mentioned. It gives power of detention to surveyors in respect of a ship in a port of the State or in Irish waters or an Irish ship in a foreign port in circumstances in which breaches of certain requirements arise.

With regard to ports, Deputy Kyne spoke about Galway Port and the development of the port that is currently under way. I am aware of that and I look forward to taking him up on his invitation to visit Galway Port and meet the board there. I listened to the points made by Deputy Boyd Barrett and his concerns relating to the operation of Dún Laoghaire Port. I will make two points in response. First, I am absolutely certain that all of our ports meet the safety and health requirements laid down under our law at present. This is an issue that all of our ports, including the board and management of Dún Laoghaire Port, take very seriously. Second, I believe it is an important and positive development that Dún Laoghaire port and other ports of similar designation will move to the control and governance arrangements of the local authority in their area. This is in line with the national ports strategy, which I fully support and which I look forward to seeing implemented in my time in this office.

A number of points were raised about jet skis and some Deputies had questions about how they are currently regulated. The Maritime Safety Act 2005 provides for a range of control mechanisms in this area. Part 2 of that Act confers by-law-making capacities in respect of the operation and control of personal water craft. The 2005 Act also provides for a system of fixed penalties for offences that may be committed on those vessels.

There were also a number of questions regarding life jackets. This is covered by the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005, which provide that personal flotation devices are to be carried on every pleasure craft. They must be worn by people up to the age of 16 years and must be worn by persons who are being towed by a pleasure craft on a board or a vessel, or on an object being towed by a pleasure craft. Every person on a jet ski must wear a personal flotation device - a life jacket.

I hope I have responded to the questions raised by Deputies. I thank them for their questions and for the other points they raised. I welcome the fact that there appears to be broad support for the Bill. I look forward to taking it through Committee Stage, hearing the Deputies' specific observations on the sections of the Bill and to bringing it to a conclusion in the Dáil.

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