Results 12,701-12,720 of 13,270 for speaker:Pat Gallagher

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...

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

Pat Gallagher: Although I would like to be able to accommodate the Senator, I believe that it should be left to the relevant authorities to decide whether or not to make by-laws under section 4 as it stands, rather than obliging them to make what could be needless by-laws. If there is not a problem for certain local authorities at some ports, why introduce regulations unless they are necessary? Such...

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

Pat Gallagher: I am advised that the words "regulating or controlling the operation of craft" are an essential for any by-laws to be made under section 4. Senators will appreciate that the Oireachtas has responsibility for primary legislation. If the Oireachtas or the Minister delegate responsibilities to other bodies then it would be somewhat dangerous to leave them open-ended or to give the bodies...

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

Pat Gallagher: This is merely a technical amendment. It allows the relevant by-law making authority the discretion to confine its by-laws to specific classes of craft which require priority attention, whether it be jet skis or certain types of speed boats as it may consider appropriate. The purpose of the Bill is to specifically target bad behaviour and nuisance in order to safeguard life and public...

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

Pat Gallagher: I have difficulty in agreeing to this amendment giving local authorities the extra leeway suggested by Senator O'Meara. The amendment is too wide and somewhat vague for the Oireachtas. Under the Constitution we have responsibility for primary legislation and to decide the scope of by-laws that are made. It is necessary to set down in primary legislation the policies and principles to show the...