Camillus Glynn (Fianna Fail)

Tá fáilte roimh an tAire Stáit go dtí an Teach. I welcome this Bill, in which I have long been interested. I have raised it on the Order on Business on a number of occasions and I also raised it on the Adjournment to which the Minister of State responded. I thank him for giving the time to meet two deputations, which I brought here to talk to him about the measure before us. It is a proactive measure in the interests of public safety, and not a killjoy measure, which is how it was described by those with a vested interest. It is designed to ensure that the safety of all water users, whether they be swimmers, anglers, boat or jet ski users, be protected. Regrettably, the measure is necessary because a small number of people who operate jet skis and ski boats do not have due regard for the rights of other users of our waterways. They insist on their right to use our waterways but conveniently forget their obligations.

Coming from County Westmeath, the Bill has special relevance for me. It is not a maritime country but is known to all as the lake county. We may not have a coastline but lakes are Westmeath's greatest asset, with fishing, cruising, water sports and shore amenities. There is a wealth of trout and coarse angling on the Westmeath lakes of Ennell, Owel, Derravaragh, Sheelin, Lane, Lough Ree, the River Shannon and the Royal Canal. Derravaragh is the source of the well known legend of the Children of Lir but we will not go into mythology today. Those who visit Westmeath can travel the scenic routes, the picturesque villages, Goldsmith country and the Fore and Belvedere trails, and find much more in the county.

The primary purpose of the Bill is to improve public safety and safeguard nature and heritage areas by enforcing the law against the unacceptable use in coastal waters, lakes and rivers of certain powered water craft such as jet skis and ski boats. This will be of benefit not just to individuals. Tourism and leisure enterprises will also gain from getting rid of the risk, harm and trouble caused by such craft. I totally reject the arguments put forward that the restriction of their use will harm tourism.

Incidents involving jet skis or high powered craft have generated increasing amounts of publicity in recent times. As Senator Kenneally noted, the jet ski or personal watercraft is essentially an aquatic motor cycle invented in 1973 by the motor cycle manufacturer Kawasaki. The use of these craft has become increasingly popular and there have been numerous reports of jet ski related injuries around the world.

No one can deny that for some time there has been a dangerous mis-use of jet skis in our harbours, bays and lakes. It defies logic that anyone can buy a jet ski and then travel at any speed on a lake with no regard for other lake users. If one buys a motor cycle, car, lorry, truck, aeroplane or helicopter one must undergo training in order to qualify for a licence, and one must have a licence plate. There is no comparable arrangement for certain power craft. I commend the Minister on the proposal that all mechanically propelled water craft must be registered with the local authority and have a licence plate. I also welcome the proposal to include county and city councils under this law. They will have a pivotal role to play and I hope they will be given the resources to carry out the functions, which the Minister proposes handing over to them.

Jet skis, can be used by people with no experience, licence or insurance. Local authorities have the power under by-laws to control their usage but they are failing to do so countrywide. Without enforcement, horrific accidents are waiting to happen, and unfortunately some have already happened. I understand that some terrible injuries have been reported over the last decade across Europe and beyond. The use of crash helmets is not mandatory despite a report of traumatic brain injury in 54% of those injured in jet ski accidents. Unlike motorcyclists, why are people who use these type of craft not obliged to use crash helmets? Some local authorities have enacted by-laws restricting their use to specific areas to minimise the nuisance to others. I recall making a proposal to that effect in Westmeath County Council, but it was not accepted because the area concerned did not have the public attention the people involved wanted. These people went to a place which was widely used by anglers and swimmers and, as a consequence, many people had to desist from using the lake, which is not right.

Another menace posed by the "toys for boys or girls" element is a threat to the more traditional activities on these lakes, in particular, angling. The Minister of State will have heard at first hand what this involves. As was pointed out in the Westmeath Examiner in March 2003, only 12 wild brown trout fisheries remain in Europe, including Lough Owel, Lough Ennell and Lough Sheelin. Many claim that Lough Sheelin is gone and Lough Ennell is suffering as a result of jet skis and ski boats because, comparatively speaking, it is a very shallow lake. If the regulation of these craft is to benefit, other more sedentary aquatic pursuits, that, too, must be welcomed. The Bill will mandate clear powers to local authorities to make by-laws to regulate and control the operation of the type of craft in question.

I am not trying to pour cold water on a drowned rat, but I believe people who operate in a manner which is potentially dangerous to the public deserve the proposed fine of €2,000 on summary conviction for offences under the by-laws provided for in the Bill. Provision has also been made for the seizure, detention and forfeiture of craft involved in offences and, in the interest of public safety, disqualification of serious offenders from operating craft of this type will also be allowed.

I welcome the fact that the Garda Síochána will play a key role in enforcing the law. Laws have been enacted previously under the Adventure Activities Standards Authority Act 2001, which was introduced following the canoeing accident in 1995 off Dunmore East, County Waterford, when two young people lost their lives. As the Minister of State said, this legislation will complement recent measures put in place by the Minister for Communications, Marine and Natural Resources.

This is a proactive measure and I believe its implementation and enforcement will save lives. I commend the Minister and the Department on bringing it forward.