Seanad debates

Wednesday, 30 June 2004

Maritime Safety Bill 2004: Second Stage.

 

3:00 pm

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)

I thank Senators for their support of the Bill and for their clear message to the public to take greater care and to have greater consideration for others when using rivers, canals, lakes and waters around the coast. Many Senators called for the striking of a balance between the usage of waters by the public and the safety measures that need to be implemented.

The Bill considerably strengthens the law so as to deter danger and nuisance to the public or wildlife from certain high-powered watercraft, such as jet skis and power boats. The Bill increases penalties for the existing offence of careless or dangerous operation of craft in any waters and provides for seizure or forfeiture of craft as well as the disqualification of offending operators for two years or more as the court may decide.

A number of Senators raised the issue of enforcement. Section 14 authorises the Minister, all city and county councils, of which there are 34, all ten harbour companies under the Harbours Acts 1996 and 2000 and Iarnród Éireann to appoint authorised persons to enforce the Bill. Such appointments will significantly supplement the resources of the Garda in ensuring public order and safety on our waters. The Minister recently arranged for the deployment of two Irish Coastguard vessels at Howth and Crosshaven to promote safety awareness at sea, including the wearing of life jackets. Such vessels will be further deployed around the coast in the coming months for that purpose.

I support the comments of Senators Minihan and O'Toole regarding the need for skills, certification and proper training. There is a clear need for all operators of watercraft to be suitably skilled. The question of training needs attention to set appropriate standards and such requirements could be imposed by the ministerial regulations under section 20 of the Merchant Shipping Act 1992. For example, regulations have been made recently to require the wearing of life jackets. We could, therefore, deal with that issue by way of ministerial regulation.

A number of Senators also raised the definition of a craft in the Bill. In light of some of the concerns expressed by Senators, the marine survey office of the Department will review what technological developments, such as miniaturisation, can take place. Senators also raised the issue of the more active involvement by the coastguard and the registration of boats. Senator O'Toole called for young people to be encouraged to become actively involved on our waters. This area needs to be examined.

Senator Finucane raised the issue of safety regulations relating to pleasure craft, including jet skis and power boats. The question of compulsory training was also raised. Section 20 of the Merchant Shipping Act empowers the Minister to make regulations. The points raised by Senator Finucane and others will be carefully considered and brought to the attention of the maritime safety directorate of the Department.

The possibility of establishing a small vessel register was raised by most Senators. The Minister, Deputy Dermot Ahern, has announced that the Department is considering the establishment of a small vessel register to ensure that only certified safe pleasure leisure craft are allowed on Irish waters. The register would also identify owners and operators and details of such a proposal, including the naming of vessels for identification, are currently being considered by the Department. The Minister will make an announcement on that issue soon.

Waterways Ireland was raised by a number of Senators, in particular the fact that it is excluded from this Bill. The important policy considerations related to ensuring public safety and amenity and heritage protection, which necessitated this Bill, apply equally to waters under the control or management of Waterways Ireland. There have been serious incidents of risks to human life and wildlife and public nuisance. Accordingly, the legislation on Waterways Ireland and its enforcement are under review by the Department of Community, Rural and Gaeltacht Affairs, which has responsibility for Waterways Ireland. This is being done with a view to identifying appropriate further measures that are needed. The review has to be undertaken under the auspices of the North-South Ministerial Council, as provided under the British-Irish Agreement, and will be completed as quickly as possible. It will take several weeks rather than months to have the necessary amendments implemented. We will have the same controls right across the country, including under this legislation and the legislation on Waterways Ireland.

I again thank Senators. It was an interesting debate. I was born beside the River Slaney, although I probably spent more time playing hurling and football than boating. However, having listened to those who have experience and who have put forward suggestions, my officials and I will be looking at possible amendments on Committee Stage.

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