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Written Answers — Department of Transport, Tourism and Sport: Medical Aids and Appliances Provision (15 May 2014)

Leo Varadkar: The information requested by the Deputy is set out in the table below. The variance in the price of the equipment is explained by the Department availing of discounts and offers by suppliers The cost of the defibrillator in Loughrea will be forwarded to the Deputy at a later date. My Department's officials advise that they are not in a position to consider placing defibrillators...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: These amendments arise from an issue brought to my attention on Second Stage by Senator Hildegarde Naughton and by some of the representative bodies. They relate to the powers of the harbour master under the Harbours Act 1996 to give certain directions to the master of a ship using the harbour for the purpose of regulating the navigation of that ship. In response to the points raised,...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: This is a technical amendment to address the fact that the reference in subsection (3) should be to both subsections (1) and (2).

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Section 56 deals with notices by intending mortgagees. Subsection (3) provides for regulations in regard to the giving of "priority notices" by intending mortgagees of ships that are to be registered on specified parts of the register. The existing provision does not include a reference to intending mortgagees of ships registered on the register, although subsection (1) does allow such...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Section 60 relates to the transfer of a registered mortgage of a ship. Amendment No. 23 is a technical amendment to revise the wording in subsection 60(1) so as to be consistent with the other "an approved form" references in the Bill. Instead of "a form approved by the Minister", we want to use "an approved form" consistently throughout the Bill.

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: I thank Senators for their interest, co-operation and efficiency in allowing us to bring this important Bill through the House. Maritime legislation is very complicated and difficult to get one's head around when one is not dealing with it every day. I am confident, however, between our deliberations here and subsequently in the Dáil, that we will emerge with an improved Bill which...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Ideally, he or she would have to do it prior to arrival. Technically, if he or she arrived without being registered, he or she would be in breach.

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Certainly, it is not intended to do so. Everything we do is designed to facilitate tourism but not at the expense of safety or search and rescue operations. If we find that it is too onerous or that it creates complications for tourism or the tourism industry, we can certainly look at it again. I am happy to undertake to do this. When it comes to all of these things, whether it be people...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: This is a simple amendment. Currently, the person responsible must put the port in which the ship is registered underneath the name of the vessel on the stern. Now that we are going to require jet skis and other things to be licensed, we have no wish to prescribe that it must be written on the stern. This is because it is not necessarily clear where the stern of a jet ski is, for example....

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: I am all thumbs today.

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Section 35 sets out the requirements for the hoisting of national colours or the Irish flag on a ship in different circumstances. Section 35(1) sets out the circumstances where the national colours are required to be hoisted on Irish ships. Section 35(2) clarifies that fishing boats are exempt from the requirements of section 35(1) and continues an existing exemption in section 12 of the...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: This amendment will mean that the section will not apply in the case of a ship using the letters "IRL" with a number issued for sports purposes. For example, a sports craft might be registered in another state but the person sailing it could be representing Ireland. This will allow the person to display the letters "IRL" to show they are representing Ireland without being prosecuted for...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Essentially, we are changing the term "rescue" to "emergency response", because all emergency responses are not necessarily rescues. They may be, for example, the recovery of a body or something similar.

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: I thank the Senator for his remarks. When the Bill comes into effect and people have to register their jet skis and small fast-powered craft, we might run into a slightly different issue, but the vast majority of people who use beaches or lakes will be glad to see them properly registered. I wish to clarify something I mentioned earlier in respect of registration. Renewal of registration...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Amendment No. 8 proposes to address the issue of ships that should be entitled to register on the Irish register of ships but do not yet hold the requisite certificates or licences to allow this to happen. For example, a ship that requires certification or a licence to register on the register as a particular type of ship, such as a passenger ship or a sea-fishing boat, can be granted a...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Amendments Nos. 9 and 10 are textual amendments to improve the wording of section 18(2), which relates to provisional registration. Amendment No. 11 relates to section 18(3), which provides for the granting of non-operative registration in respect of a ship owned by a qualified person to facilitate the certification or licensing of the ship. The purpose of non-operative registration is to...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Similarly to other countries, Ireland is entitled and obliged by international maritime law to fix the conditions that will apply to the granting of its nationality to ships, the registration of ships in its territory and the right to fly the Irish flag. My Department is the national authority when it comes to preparing legislation relating to ship registration requirements in Ireland. When...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Section 6 is a standard provision in legislation relating to the making of regulations or orders by the Minister for Transport, Tourism and Sport under the Act. I am proposing an amendment to section 6, amendment No. 4, in order to correct a section cross-reference. The reference in section 6 should be to an order made under section 30, dealing with ports of registry, rather than to section...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: One of the fundamental gaps in the existing ship registration legislation, which I hope to address in the Bill, is that there is no provision for ship registration renewal. The absence of a requirement to renew ship registration has led to a situation in which ships remain registered on the existing register books even though they have ceased to exist. They stay on the register forever. To...

Seanad: Merchant Shipping (Registration of Ships) Bill 2013: Committee and Remaining Stages (14 May 2014)

Leo Varadkar: Subsections (1) and (2) are standard provisions regarding the Short Title of the Bill and the collective citation as part of the Merchant Shipping Acts dating from 1894. I propose an amendment to section 1(2) which deals with the collective citation of the Merchant Shipping Acts. The amendment is necessary following the enactment of the Local Government Reform Act 2014. That Act includes...

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