Noel Ahern (Dublin North West, Fianna Fail)

I thank Senators Glynn and MacSharry for their comments, which are based on their local and personal knowledge of these problems. The Minister for Communications, Marine and Natural Resources, Deputy Dermot Ahern, regrets that he is unable to attend this debate this evening. He has asked me to emphasise that he will not tolerate the unsafe use of jet skis in waters off our coast and on our inland waterways. The operation of jet skis and other high powered leisure water craft in areas where bathing takes place, harbours and other places frequented by water users is a matter of particular concern. Since he took office, the Minister has implemented a number of measures to address this problem.

Two sets of regulations which contain national provisions governing the safe use of jet skis and similar craft were introduced in 2001. The first set, the Merchant Shipping (Mechanically Propelled Pleasure Craft) (Safety) Regulations 2001, contains age restriction provisions, provides for the carrying, wearing and use of lifejackets and restricts the use of alcohol and drugs. The provisions also apply to ski boarding, water skiing, paragliding and other towed rides. The second set of regulations, the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (Prescribed Classes of Vessels) Regulations, 2001, prescribe personal water craft or jet skis, and fast power craft for the purposes of careless and dangerous navigation or operation provisions in the Merchant Shipping (Investigation of Marine Casualties) Act 2000.

The penalties for dangerous navigation or operation offences are imprisonment for up to five years, a fine of up to €10,000, or both where death or serious bodily harm is caused. In all other cases, the regulations provide for a term of imprisonment of up to 12 months, a fine of up to €1,500, or both. The Minister has recently brought forward proposals to amend the Fishery Harbour Centres Acts to increase penalties for breaches of fishery harbour centre by-laws. The proposals will provide for stronger controls on jet skis and other high powered craft that could endanger life and seriously prejudice the proper operation of fishery harbours.

The Minister wishes to encourage local authorities to adopt local by-laws for the safe operation of jet skis for all areas under their responsibility, including beaches. To this end, the Department of Communications, Marine and Natural Resources has been encouraging local authorities to adopt suitable by-laws. At least eight local authorities have implemented new by-laws on the use of jet skis and others are following suit. This has followed a campaign introduced by the Department for the safer use of jet skis.

A legal issue has arisen regarding the making of the by-laws in respect of water areas not directly under the control of a local authority. Section 33(1) of the Merchant Shipping Act 1992, inserted by section 44(11) of the Merchant Shipping (Investigation of Marine Casualties) Act 2000, provides for the introduction of regulations to enable local authorities to make by-laws for the control of vessels, including personal water craft and fast power craft in areas under their jurisdiction. The Department's legal advice indicates that this provision might be open to challenge in light of recent case law. The Department's maritime safety directorate has consulted the Office of the Attorney General on the legal position and the powers of local authorities to make by-laws to regulate jet skis and other such craft. The most recent legal advice states that it appears that local authorities have the power to make by-laws under section 37(1) of the Local Government Act 1994, subject to the area being under the control or management of the relevant local authority. Local authorities, however, cannot make by-laws under section 37 for areas not under their control or management, unless section 33 of the Merchant Shipping Act 1992 is repealed or amended.

The Minister has requested his officials to introduce proposals as quickly as possible for legislation to address these legal difficulties. This approach will help considerably to allay public concerns about the improper use of jet skis and other watercraft on all waterways within the State. As part of the review of safety measures on small watercraft, the maritime safety directorate has drafted a code of safe practice for recreational craft which will be ready for publication shortly. The code sets out recommended safety practices on board recreational craft and also the statutory safety requirements as they apply to such craft. It has been developed for application to recreational craft operating in Irish waters. It covers all types of sailing and motorboats and also craft such as ski boats, jet skis, canoes and kayaks. It also incorporates both competitive and non-competitive use of recreational craft.

I note what the two Senators have said and I assure the House that the issue of the safe use of jet skis and other such craft remains a priority of the Minister. I regret that the Minister could not come to the House at the last minute, but I will convey the Senators' concerns to him.