Jimmy Deenihan (Kerry North, Fine Gael)
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Since 1 October 2010 all 15 m to 24 m vessels must have a fishing vessel safety certificate, FVSC, to continue fishing. To obtain such a certificate, a vessel must undergo the code of practice survey with the marine survey office, MSO.

The initial cost of the survey is €100 per metre. That is a minimum cost of €1,500 and a maximum cost of €2,400. To complete the inclination stability portion of the survey the majority of vessels would have to engage the services of a naval architect, the cost of which is between €2,000 and €3,000. In addition, vessel owners are usually given a list of works to be carried out on their vessel and the current experience is that the cost of these works varies from €20,000 to €100,000. There are 99 vessels in the Irish fleet of 15 m to 24 m aged more than ten years which would be required to undergo the process outlined to obtain a fishing vessel safety certificate. Of these 99 vessels, only 63 had applied for the survey at the end of September.

Up to date figures were requested from the MSO and the licensing section of the Department of Agriculture, Fisheries and Food. The MSO advised that there were 89 vessels in the 15 m to 24 m category which had obtained either final or interim certificates. However, this figure includes less than ten-year old vessels that would have undergone the survey last year. No breakdown of the numbers in the under ten-year category and over ten-year category was forthcoming. It also advises that 43 vessels still undergoing the survey process have not received a certificate and they are tied up. No updated figure was provided regarding vessels due to undergo the survey but whose owners did not apply.

The owners of 36 vessels did not apply for the survey and for the majority the reason they did not apply was their vessel would not have been capable of passing the survey, regardless of the works carried out on it, or they were unable to obtain the finance necessary to complete the survey process. These vessels have been tied up and their crews face the unemployment offices. The Irish Fish Producers Organisation estimates that 200 jobs have been lost as the 36 vessels referred to have had to cease fishing and their crews are now unemployed. Temporary job losses are related to the vessels undergoing the survey but which have not completed a significant portion of the work and, therefore, do not have a fishing vessel safety certificate.

I received a letter from a fisherman from Fenit, County Kerry, who was fishing on a 23 m trawler out of that port. He confirmed that he and many other trawler owners along the coast had been tied up since 1 October because their fishing licences will not be issued until they comply with a certificate of competency, COC, the Minister introduced three years ago. According to this fisherman, up to 300 fishermen are out of work with no income because they are self-employed and, therefore, not entitled to social welfare. There is also a threat to many onshore jobs in the fishing industry. He said large sums need to be spent in order that the oldest boats comply and because there is no access to finance through the banks, the owners cannot carry out this work.

He asks that the Minister provide a temporary certificate until a full survey is carried out. Fisherman are more safety conscious nowadays than they were in the past and they have no intention of going to sea to risk their own lives or those of their crew. There is no question of negligence involved in this problem; it is a matter for expediency to allow them to fish coming up to Christmas. The MSO does not have sufficient staff to survey the boats in question anyway and it will take them some time to get around. We do not have sufficient dry dock facilities to examine these boats either. Will the Minister of State convey to the Minister that the solution to this matter is to issue temporary safety certificates?

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I am taking this matter on behalf of the Minister for Transport. I thank the Deputy for raising this matter, which relates to the Merchant Shipping (Safety of Fishing Vessels) (15 - 24 Metres) Regulations 2007. We can all recall the devastation caused by the fishing vessel tragedies in 2007. In one weekend three fishing vessels sank with the loss of seven fishermen. In total during 2007, 12 fishermen lost their lives in fishing vessels. Each of these was traumatic for the families involved and the devastation for them continues to this day. We had to take action to ensure the safety of fishing vessels and their crews because of these tragedies and the public outcry about poor safety in the fishing industry.

The development of these safety regulations for fishing vessels dates back to the fishing vessel safety review group, which reported in 1996. This group was established against the background of concerns about the safety of fishing vessels and their crews. One key recommendation made by that group was for the establishment of a safety regime for fishing vessels covering stability, strength, hull and machinery. Such a scheme was introduced in 1999 for fishing vessels greater than 24 m and a further scheme was introduced for fishing vessels shorter than 15 m in 2004.

Following several fishing vessel tragedies in 2007, efforts focused on the development of such a scheme for the fishing vessels in the 15 m to 24 m category. The Department of Transport developed regulations for these vessels based on international standards and these regulations were subject to extensive public consultations, following which, the regulations entered into force in September of that year. Fishing vessels within the scope of the regulations are required to undergo a survey and to be issued with a fishing vessel safety certificate. The regulations were implemented on a phased basis and came into operation as follows: on 1 October 2007, for new vessels; on 1 October 2008, for existing vessels the keel of which was laid or which was at a similar stage of construction on or after 1 October 1997; on 1 October 2009, for existing vessels the keel of which was laid or which was at a similar stage of construction on or after 1 October 1987; and on 1 October 2010, for existing vessels the keel of which was laid or which was at a similar stage of construction before 1 October 1987.

The Department of Transport engaged extensively with those in the fishing industry to inform them of the regulations. We held regular meetings with industry representatives after the regulations came into force in 2007 and the MSO provided regional seminars to inform fishing vessel operators of the requirements. The office continues to work with the fishing vessel owners in connection with them achieving compliance for their vessels.

To date, a total of 91 vessels in the 15 m to 24 m range have been issued or have been cleared to be issued with a certificate. The MSO continues to issue interim certification to fishing vessels that have successfully met the minimum construction, stability and safety equipment requirements but which have not completely fulfilled all the other requirements of the regulations. This has enabled the owners of such vessels to continue fishing and to schedule the work for full compliance in agreement with the MSO. In addition, there are approximately 40 fishing vessels whose owners have contacted the Department and whose vessels have yet to complete the survey. These are at varying stages of completion. A number of these will shortly be issued with certificates of clearance to operate. However, a number have been found to have serious safety deficiencies that pose an immediate risk to the safety of the vessel and to the crew. These cannot be issued with a certificate until such deficiencies have been rectified.

The MSO also estimates that a further 20 vessel owners in this category have not made contact with the office regarding arranging the necessary survey. In these cases such vessels cannot be issued with a certificate. The office works closely with the sea fisheries administration, SFA, of the Department of Agriculture, Fisheries and Food as the SFA under legislation cannot issue a commercial fishing licence to a vessel that does not comply with the safety regulations. Fast-track procedures are in place so that as soon as a vessel reaches compliant status, the SFA is informed by the Marine Survey Office, thus enabling the fishing vessel licensing process to be initiated in tandem with the process for the issue of the certificate.

The introduction of these regulations formed an important part of the Department's programme to improve maritime safety and in particular to reduce the number of deaths and injuries in the fishing industry, which have in the past so seriously affected our coastal communities. The 15 m to 24 m segment of the fleet is the final segment of the fishing vessel fleet to be brought under a safety survey regime. I, therefore, encourage any vessel owner who has yet to apply to do so now and to engage with the MSO on progressing his or her vessel towards compliance.