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

Pat Gallagher: It was initiated in this House. I will pursue this issue. It is dealt with by the authority of a functional area and Senator O'Meara moved a motion to insist they introduce by-laws but we will leave this to the discretion of the local authorities. It may be unnecessary for some local authorities to introduce by-laws, as some will have no responsibilities in this field. I will take this...

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

Pat Gallagher: Decisions were taken a number of years ago that I wish to assist but I am caught in so far as suggestions of State aid could create difficulties.

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

Pat Gallagher: The establishment of marinas?

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

Pat Gallagher: The semi-private sector is carrying this out. It would be fine if the State were providing the marinas but they depend on available funding and the priority issues we must take into consideration. I favour our supporting the private sector in establishing marinas around our coasts. There are various issues because it is not just a question of commencing the establishment of marinas but also...

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

Pat Gallagher: I thank Senator O'Toole for his kind comments on the coast guard. He reflected the views of the majority. If the voluntary contribution of the coast guard was converted into monetary terms, it would be quite sizable so this type of contribution could not be bought. From time to time we take the opportunity to recognise the commitment. Recognition may not mean much in voluntary terms but I...

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

Pat Gallagher: It is dangerous to talk about zero tolerance but perhaps it could be minimised to reasonable levels. When I speak with the Minister for the Environment, Heritage and Local Government about eco-friendly detergents I will discuss with him the possibility of speaking with the relevant local authorities to ensure recycling facilities are made available. This does not just happen at harbours. At...

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

Pat Gallagher: The new section 34 updates penalties in the 1992 Act which was amended by the 2000 Act for careless and dangerous operation of vessels. We are restating an updated format in lines 29 to 38 of the original section 19 on page 17 of the Bill.

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

Pat Gallagher: We dealt with that earlier.

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

Pat Gallagher: The advice of the Attorney General was that the fines should be increased from the original €3,000 to €5,000 in this case, and from €500 to €3,000 and from €10,000 to €25,000. The purpose of the increased fine in this instance is to deter people from acting in a careless and dangerous manner while operating vessels. It is the maximum fine. It will be a matter for the courts and...

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

Pat Gallagher: I had responsibility for the Met Service in my previous position as Minister of State at the Department of the Environment, Heritage and Local Government and I will have a word with the Minister of State, Deputy Bat O'Keeffe, to see what can be done. I have visited Met Éireann and I am aware it does excellent work and provides a fairly accurate service, as reflected by Senator O'Toole. If...

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

Pat Gallagher: It is not a question of there being much additional cost involved. I hope local radio stations will take a greater interest and possibly make a slot available a number of times each year for their own specific areas. There is little point in Radio Kerry giving a forecast for north Donegal, for instance. I will raise this matter with the Minister. I emphasise the importance of the co-operation...

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

Pat Gallagher: This new section 35 replaces the original repealed section 17 of the Bill with provision for repeal also of sections32 and 34 of the 1992 Act.

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

Pat Gallagher: This is a substantive but straightforward amendment. It inserts a new section 39 in the Bill to amend the Shannon Navigation Act 1920.

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

Pat Gallagher: As I am a layman, I presume this would be a substantial task as the last survey was done in the 1840s. I will discuss the matter with the responsible relevant authorities whether those are one of the agencies or within the Department. The Senator has made an interesting proposal. Many people are navigating our waters by means of markers and buoys. The sonar system is a great advance which can...

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

Pat Gallagher: The amendment to the Long Title is required in order to cover the subject matter of the additional part being inserted in the Bill. Part 3 provides for the prohibition of non-seaworthy vessels and reckless behaviour on the water and for codes of practice for vessels to secure safe and environmentally friendly operations.

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

Pat Gallagher: Ba mhaith liom úsáid a bhaint as an chúpla bomaite atá agam chun mo bhuíochas a chur in iúl do na Seanadóirí a ghlac páirt sa díospóireacht seo i rith an lae. Is iad sin na Seanadóirí Kenneally, O'Meara, O'Toole, Phelan agus O'Rourke, daoine a chuir an-suim sa díospóireacht seo, agus is dóigh liom go mbeidh an tacaíocht chéanna ag teacht ó na Seanadóirí eile nach raibh...

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

Pat Gallagher: This provision would only be used in cases where there are extenuating circumstances. However, even one such circumstance is one too many. This provision is in place to cover potentially serious offences. Those of us living near waterways or on the coast know the consequences and that too often lives have been claimed. I take the point made by the Senator. This is a matter for the Garda...

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

Pat Gallagher: This issue was raised at the initial stages of drafting this legislation. There is provision for hot pursuit, for example, for leaving Waterford and entering the functional area of Wexford or crossing the bay from Donegal to Sligo. If the legislation did not make provision for hot pursuit it would be weak and would not achieve its objective.

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

Pat Gallagher: This amendment ensures that the benefit of forfeiture should go to the authority in whose functional area the offence was committed. This is to encourage authorities to actively enforce the law in their functional areas. The forfeiture of craft in addition to a fine and/or imprisonment may be imposed by the courts on conviction on indictment of a person for the dangerous operation of a craft....

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

Pat Gallagher: This is a stylistic amendment, deleting unnecessary words.

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