Results 12,641-12,660 of 13,220 for speaker:Pat Gallagher
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The new section 22 complements the new section 21. It makes clear provision in primary legislation for prohibiting persons while on board a vessel in Irish waters and any Irish ships in waters anywhere from consuming alcohol or drugs or both which could endanger other persons on board the vessel or on the water or cause a nuisance. The person in command or charge of the vessel is obliged to...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: Nobody can give a 100% guarantee. The person in command of the boat has the responsibility to keep good order. It will not be possible to have an authorised person at every port or stop along inland waterways like the Shannon. Spot checks will be vital and as a deterrent the authorised persons should be seen, which will be a matter for the local authorities or the harbour authorities. If it...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This new section refers to the prohibition on disruptive behaviour on vessels, which can also be a problem. The section prohibits and penalises disruptive behaviour on any vessel on Irish waters and on any Irish ships anywhere. It is modelled on section 52(2)(iii) of the Air Navigation and Transport Act 1998.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This section makes it an offence for anyone on board a vessel in Irish waters or on an Irish ship in waters anywhere to endanger the vessels or persons on board subject to specific penalties on conviction by the court for such an offence.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This new section makes it an offence for anyone to wilfully disrupt safety procedures on board a vessel on Irish waters or on an Irish ship in waters anywhere subject to specific penalties on conviction by the court for such offences.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This new section makes it an offence to disobey instructions to safeguard life given on a passenger boat or passenger ship subject to specific penalties on conviction by the court for the offence.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This new section 27 authorises the Minister for Communications, Marine and Natural Resources to prepare and publish safety codes and to revise or revoke them as necessary following public consultation. Subsections (1) to (4) require the Minister to publish a notice in Iris Oifigiúil about any safety codes published or amended, while subsection (5) requires a similar notice for any...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The new section 28 ensures, in subsection (1), that while it would not be an offence for a person to fail to comply with a safety code, the court may, when trying an alleged offender for any of a variety of serious offences involving vessels, be guided by any current safety codes applicable as to the appropriate course of action to be followed in the particular circumstance. Subsection (2) is...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: Section 29 makes comprehensive provision for the appointment by the Minister for Communications, Marine and Natural Resources of authorised persons for the purposes of this Part. Subsection (1) is the main provision. Subsection (2) is a standard provision for enforcement personnel to be accompanied by any back-up personnel needed. Subsection (3) requires the furnishing of warrants of...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: Yes. On Senator Kenneally's question, it is my understanding that authorised persons will operate within their functional areas and, if necessary, engage in hot pursuit into other functional areas. I will consult on the issue and clarify the position on Report Stage. I am not certain what would be the position with regard to an authorised officer from west Mayo who happens to be in Dunmore...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The new section 30, in subsection (1), provides for the stopping, boarding and inspection of vessels for the purposes of enforcing the new Part 3. Subsection (2) authorises authorised persons and gardaà to request the names and addresses of suspected offenders on board the vessel concerned. Subsection (3) provides penalties for the court to impose on conviction of a person for an offence of...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The new section 31, in subsection (1), provides power of arrest of suspected offenders, without warrant, for the Garda and authorised persons who are commissioned naval officers of the Defence Forces. Subsection (2) extends the power of arrest of suspected offenders, without warrant, to the person in command or in charge of a vessel or a person authorised by him or by her or the owner or...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The issue has not been prescribed in detail. It will be the subject of consultation between the Garda SÃochána and the employers of the authorised persons which, in many cases, will be Waterways Ireland and the harbour and port authorities.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This new section is purely a technical one to define certain terms used in the new Part 3 and avoid unnecessary verbiage.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This amendment is the first of a batch of substantial amendments. It inserts a new Part 4 to update vessel safety regulation provisions. The new Part 4 has three sections, new sections 33 to 35, inclusive. The new section 33 updates and restates, for ease of reference, enforcement and administration, regulation-making sections 18, passenger boats; 19, fishing vessels; and 20, pleasure craft;...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: Yes.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The amendment appears to be very substantial but is merely a restatement of sections 18, 19 and 20 of the 1992 Act, as was extensively amended by the 2000 Act. This was necessary to improve the law's coherence. In each case, the opportunity was taken to substitute "personal flotation devices" for "life jackets" and to provide for prohibition by regulation of towing anything from or by...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: It is now possible because the necessary approval of one of the six cross-Border groups has been secured. We now have the approval and imprimatur which was lacking when the Bill was initiated and the Second Stage was debated in this House in June 2004.
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: The aim of the small vessel register, which will be known as the SVR, is to provide, as has been suggested by the Senator, a simpler form of registration. The registration of small vessels should then be almost commensurate with small boats and should not be similar in any way to the registration of any fishing vessel. The only vessels currently registered are fishing vessels. Under a new...
- Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)
Pat Gallagher: This is a technical amendment the purpose of which is to create a new collective citation, Maritime Safety Acts 1992 to 1995, for related statutory provisions going back to the Merchant Shipping Act 1992 and including much of this Bill as now being amended.