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Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: I have a question on the drafting of section 13(1). I read the section a dozen times today to ensure I got its gist and am still not sure about it. If I am misreading the subsection, I am sure the Minister of State will correct me, but from my reading of it, there appears to be a word missing from it. Section 13(1) reads: The Minister may, in any case where following a survey under the...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: That is fine.

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: I move amendment No. 1: In page 27, subsection (3), between lines 16 and 17, to insert the following: "(e) consideration to be taken of local, economical and fleet size,". This amendment is similar to one tabled by my colleagues in the Dáil who asked whether a dispensation would be allowed in the application of the rules, if the vehicle or service in question was so small that complying with...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: I accept the Minister's point. When tabling the amendment, my intention was to make a more general point, rather than focusing on chemical tanker rules.

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: Section 20(5)(b) provides that if an Irish ship encounters a difficulty and has to be brought to a port in another state, the owner or master of the ship will be compelled to inform the relevant authorities of the position on the ship's certificate of fitness. Should the owner or master of the ship also be obliged to inform the chief surveyor of ships in Ireland, as well as the local...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: Therefore, the owner or master of the ship must report to the authorities in both states.

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: This section deals with liquefied gas carriage rules, while a later section deals with the nuclear waste carriage rules. The requirements set out in the section are specific in terms of electrical installations, tank vent systems and so on. However, a phrase not included in the section which is included in other parts of the Bill and other legislation for which the Minister is responsible,...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: That is fair enough. Under section 27(3)(f), the capacity is there for the Minister of the day to consider any other matters he thinks are appropriate in the circumstances, yet the same capacity is not in place in the earlier part of the Bill. I take the Minister's point that the list may be exhaustive, but given that we are continuously learning about how we can deal with matters like...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: This section is about nuclear carriage rules, which is a serious matter. It lays out the different fines for which offenders under the section are liable. The fines are similar to fines in other parts of the Bill, which on summary conviction, represent a fine not exceeding €5,000, or a fine not exceeding €100,000 on conviction on indictment. If we find out that somebody is in breach of...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: The part of the Minister's response that interested me was about the other legislation that could kick in if some terrible incident was to take place. I am trying to figure out whether the consistency of fining is appropriate when we are dealing with something like nuclear carriage rules. A part of the Bill states that if a person does not have a safe manning document available, the fines...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: The section compels the master and owner of a ship to have the safe manning document available. Where will the document be kept? I understand from my reading of the Bill that it will be kept on the vessel. Is there is a provision to ensure a duplicate will be kept by the surveyor of the ship or the Department of Transport?

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: How does one check the document?

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: It would be worth considering. There will be a document on the vessel, but from my reading of the Bill there is no requirement for a duplicate to be stored centrally. Section 60(2) states the Minister may require an applicant to amend a proposal for a safe manning level on a ship. However, if one does not have a copy of the original document, how will one know whether the amendment was made?

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: Section 46(4)(a) makes reference to reporting a matter "to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport". The section of the Bill dealing with authorised persons does not make reference to a chief surveyor; it revers to a "surveyor of ships", as do various other parts of the Bill. However, earlier sections do refer to a "Chief...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: I move amendment No. 2: In page 82, before section 87, but in Part 6, to insert the following new section: 87.—(1) A person shall not pilot or attempt to pilot a mechanically propelled vessel while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vessel. (2) A person shall not pilot or attempt to pilot a mechanically...

Seanad: Merchant Shipping Bill 2009: Committee and Remaining Stages (23 Jun 2010)

Paschal Donohoe: Are we represented?

Seanad: Order of Business (24 Jun 2010)

Paschal Donohoe: I second Senator Coffey's amendment in seeking a debate to discuss the prospects of our young people. He hit the nail on the head when he highlighted that much work needed to be done in our country at a time when so many young people were being paid, many to do nothing. We need to integrate these two elements and be imaginative in our response. On a day when 56,000 students are nearing the...

Seanad: Order of Business (24 Jun 2010)

Paschal Donohoe: Although we do not need a visit by the Queen to confirm this, it is proof that our identity is evolving and strengthening that even in these difficult times that such a visit has been proposed. It is appropriate that we should have a broad debate on all the issues affecting this republic from its national identity to sport, an issue on which Senator Mooney touched, to a visit by the Queen....

Seanad: Early Childhood Care and Education (24 Jun 2010)

Paschal Donohoe: I welcome the Minister of State. The ECCE scheme is an excellent one under which young children have free access for one year to pre-school activity and programmes before they enter primary school. It will have a positive effect on young children in getting them ready for primary school. A constituent of mine has a son who will be four years old at the beginning of July. He is deemed old...

Seanad: Early Childhood Care and Education (24 Jun 2010)

Paschal Donohoe: The key part of the Minister of State's reponse was that a number of parents had asked to send their children when they were below the age of four years and two months, which is the case with my constituent. The Department found no reason to remove or amend the lower age range. Perhaps when there is more money to examine these schemes in the future and see how they can be improved, it could...

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