Pat Gallagher (Donegal South West, Fianna Fail)

This is the first in a batch of very substantive amendments. It inserts a new Part 3 into the Bill to prohibit the use of unseaworthy vessels and reckless behaviour on the water and provides for the preparation, publication and revision of safety codes to ensure the safe operation of vessels, including guidance for good environmental practice. Persons in charge of, or accruing vessels are obliged to be aware of and follow any such safety codes relating to the vessels.

The new Part 3 comprises 15 sections, 18 to 32. Section 18 prohibits the sailing of unseaworthy vessels and makes it an offence for any persons in command of the vessel in accordance with the terms of subsection (1) and the owner or hirer of the vessel in accordance with the terms of subsection (2) if they know or discover by ordinary care that the vessel is unseaworthy. Subsection (3) provides for a fine and/or imprisonment on conviction by the court for such offences. Subsection (4) is a standard defence provision to allow for actions taken in good faith.