Results 10,361-10,380 of 11,242 for speaker:Noel Dempsey

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 76: In page 23, between lines 13 and 14, to insert the following: 61.—(1) It is the duty of the owner and master of a ship to which this Chapter applies— (a) before the ship is first put into service, or before the ship is put into service in any case after the expiration or cancellation of its minimum safe manning document, to submit or have submitted proposals and...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 77: In page 23, between lines 13 and 14, to insert the following: 62.—(1) A surveyor of ships may board and inspect any ship for the purpose of seeing that it complies with the provisions of this Chapter and the safe manning regulations. (2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the safe manning regulations he or...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 78: In page 23, between lines 13 and 14, to insert the following: 63.—(1) If any provision of a minimum safe manning document or a provision of any safe manning regulations is not complied with, then the owner (if in fault) or the master (if in fault) of the ship commits an offence and is liable— (a) on summary conviction, to a fine not exceeding €5,000, or (b) on...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 79: In page 23, between lines 13 and 14, to insert the following: "CHAPTER 7 Unsafe ships 64.—This Chapter applies to— (a) Irish ships to which this Part applies, and to any other ship to which this Part applies, while they are within any port in the State, unless it would not have been in any such port but for stress of weather or any other circumstances that neither...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: Restating them in the context of the Chapters just inserted will ensure we have a deterrent that can be used.

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 80: In page 23, between lines 13 and 14, to insert the following: 65.—Where a ship or boat being in a port in the State is regarded as an unsafe ship or boat under section 19(9)(b), 28(9)(b),37(6)(b), 45(4)(c), 53(3) or 60(10) a surveyor of ships may detain the ship to be detained in the port in which it is berthed until the relevant certificate, permit or document is...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 81: In page 23, between lines 13 and 14, to insert the following: 66.—(1) Where a surveyor of ships detains a ship or boat under section 65 he or she shall give a notice of detention to the owner or master of the ship or boat stating in what respect the ship or boat is an unsafe ship and the defects to be remedied to the satisfaction of a surveyor. (2) Where a surveyor...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: The Deputy quite rightly raised this issue on Committee Stage on 4 March and we have since published guidelines on my Department's website and in hard copy. From my recollection of our previous discussion, the guidelines will meet the concerns raised. A range of improvements which can be made to existing vessels to increase their accessibility in regard to signage, lighting, handrails and...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: The provisions of the reduced mobility regulations will apply nationally, having regard to the specifics of the classes of vessels. Sections 17(1) and 17(13)(a) and (b) afford ample opportunity for any representations made on the particular circumstances. The concerns raised by the Deputy are addressed in the section.

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I realise that a literal interpretation of the subsection could give the impression that the Minister may ignore the system of improved accessibility and safety being introduced elsewhere in the legislation. This is not the intent of the subsection, which is necessary because it may be desirable in the case of certain vessels to provide an exemption from reduced mobility regulations. While...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: The amendment proposes that the approval of the Houses of the Oireachtas be obtained after representations have been received under the consultation process on reduced mobility regulations and before the regulations are made. It is not normal practice to have to obtain approval prior to the making of regulations and I do not propose to introduce such a requirement in this legislation....

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I move amendment No. 88: In page 26, line 40, after "with", to insert the following: "a Committee of the Houses of the Oireachtas having responsibility for matters relating to transport and with". The amendment arose as a result of the Committee Stage debate on this matter during which I undertook to examine section 18. The amendment provides that a draft code for reduced mobility be...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: As we have strayed into amendment No. 92 as well as 91, I will deal with both of them with your permission, a Chathaoirligh. Amendment No. 91 seeks to include environmental protection as a ground on which the Minister for Transport might cause a sunken vessel to be raised under Part 4 of the Bill. It is not necessary because it is already catered for. Legislation exists for that purpose....

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: Section 33 of the Bill provides for fire protection rules and the provision in section 33(6(b)(iii) relates to the protection from fire of vehicles on vehicle decks of ships. That would entail, for example, the provision of fire prevention and fire fighting measures. The Deputy wants the management and operation of vehicle decks to become a criterion for which fire protection rules may...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: The provision in section 34 provides that if there is not an official log, a record must be kept of every boat and fire drill and of the checks made on life-saving appliances. That is a mandatory provision. Therefore, a record must be kept, whether it is in a log-book, a written record or recorded on computer. This is the case, even when there is no official log book. The Deputy's point...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: The Deputy's amendment reflects the blood, breath and urine threshold levels for alcohol concentrations that are being proposed for motorists under the new Road Traffic Bill. As I indicated on Committee Stage, policy on the control of drug and alcohol use in respect of seafarers is being developed in the forum of the International Maritime Organisation, IMO. It has undertaken a...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I understand this is a matter of concern for the Deputy and I share his impatience. However, it is not a case of nothing being in place to provide for these matters. People cannot be half drunk or half drugged and be involved in seafaring. That is not the case currently. We have a number of rules, regulations and laws in this area. International trading ships are required to comply with...

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I thank the Acting Chairman.

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: There are no individual thresholds in place. It is a judgment call.

Merchant Shipping Bill 2009: Report Stage (Resumed) and Final Stage (2 Jun 2010)

Noel Dempsey: I understand that the IMO's consideration of this matter should be completed by the end of this year or early next year. At that stage, the next maritime Bill to which I referred earlier in the context of my previous discussion with Deputy Broughan will be before us. If the IMO has finalised the standards it intends to introduce or if we have a good idea of the direction it intends to take...