Results 12,641-12,660 of 13,214 for speaker:Pat Gallagher

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 gardaí 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 Síochána 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.

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: The purpose of this amendment is to ensure only relevant provisions of the Bill when enacted will be cited with the Merchant Shipping Acts 1894 to 2000, that is, all except the last part of the Bill, to be renumbered Part 5, which relates to other legislative codes. Part 5 contains five sections, two of which were in the original Bill while three are being inserted by way of amendments.

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: The purpose of this amendment is to provide for the collective citation of the Harbours Acts 1946 to 1976, which deal with harbour authorities, with the provisions of the new section of the Bill as the Harbours Acts 1946 to 2005. Section 36 updates penalty and other provisions of the 1946 Act in order to bring them into line with current practice.

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: These amendments provide for three matters. Amendment No. 4 allows for the collective citation of the Canals Act 1986 with the provisions of section 38 of the Bill when enacted. In addition, this amendment provides for the collective citation of the Shannon Navigation Act 1990 with the provisions of section 39 of the Bill when enacted. Both sections of the Bill relate to the updating of...

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: This is a purely technical amendment. It provides for the definition of an additional three specific terms used throughout the Bill, including the new Part 3 being inserted, and so avoids unnecessary verbiage. Consequently, amendments to section 3 of the Bill, definitions for the purposes of Part 2, are proposed so as to remove the definition of those terms not only used in Part 2.

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: In regard to the Senator's first point, that is not the Bill's intention. Second, all harbour and port authorities, large and small, will be included in the provisions of the Bill. By way of background, the objective of the Bill is to strengthen the currently inadequate local authority powers. The purpose of amendment No. 9 is to include Waterways Ireland within the definition of "authority"...

Seanad: Maritime Safety Bill 2004: Committee Stage. (20 Apr 2005)

Pat Gallagher: The importance of the Second Stage debate is demonstrated. The issues were raised by Senators previously. Senator O'Meara and her colleagues tabled amendments that were the same as my amendments Nos. 14 and 15. I acknowledge her kind words about our officials. I asked them to provide the briefing material because of the major changes that have been made. The Senator suggests that we should...