Noel Dempsey (Meath West, Fianna Fail)

I thank Senator Keaveney for raising this matter. My viewpoint is not enormously different to the one she has expressed, save for one fundamental area, namely, the question of by-laws and local authorities. I fundamentally disagree that many of the things she read out could be dealt with nationally. Some of them could be, but the vast majority are matters for the local authorities because they are in the best position to make local decisions as regards where jet-skis should and should not go. Perhaps it is just my local government background and the commitment I have to getting things done locally, where appropriate. I know the Senator did not make this point, but unfortunately, in certain instances - I am not singling out Donegal - some councillors will not take responsible decisions in cases where objections are raised. I believe a good deal of this could and should be dealt with locally, but I agree with many of the other points that have been raised.

I recall that in 2005, as a result of a report, local authorities, harbour authorities and Waterways Ireland were given the powers to introduce by-laws to regulate and control the use of fast powered craft, including jet skis, in waters under their control or management or in their functional area. The Maritime Safety Act 2005 gave effect to that. That legal framework is contained in the Act. It arose from the conclusion of the action group report on small powered recreational craft, including personal watercraft, jet-skis as we call them. The report made a recommendation to the effect that the primary public policy response to regulating such craft should be the use of local by-laws, and the Maritime Safety Act was introduced to allow that to happen. That is the proper way to do it, because it recognises that the issues and conditions can vary from place to place. It makes eminent sense to me that people with local knowledge should regulate for the particular circumstances they face. Under the Maritime Safety Act 2005, the prohibition or restriction of specified craft may be for the purposes of safety to persons, prevention of nuisance or injury, damage to watercraft or property and to protect national heritage areas and protected monuments. It is a matter for individual by-law making authorities to assess the particular circumstances in their area and decide the appropriate response, having regard to guidelines issued by the Department and in consultation with interested parties.

With regard to age specific categories the Senator mentioned, the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005 provide that every person on a personal watercraft shall wear a personal flotation device at all times while on board, or being towed in any manner by a personal watercraft. The 2005 regulations also provide, inter alia, that the master or owner of a personal watercraft shall take all reasonable steps to ensure a person under 16 years of age does not operate or control the craft. They provide, too, that the master or owner of a pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 KW shall take all reasonable steps to ensure a person under 12 years does not operate or control the craft.

There is no provision under the Maritime Safety Act 2005 for the licensing of jet-skis. However, the House may be aware that in 2008 my Department initiated a public consultation on proposals for registration of vessels. This came about on foot of a review initiated against the background of international and national developments in the maritime area since the current legislation governing vessel registration was introduced in 1955. These developments include the growth and increase in the use of pleasure craft, and increasing emphasis on safety and security issues.

Taking account of comments received through the public consultation process, the Department is preparing new primary legislation, the objective of which is to establish a modern and comprehensive vessel registration system. In this context the compulsory registration of jet-skis is being considered. No doubt we shall have a good discussion on that when the legislation comes forward. It would address many of the concerns raised by the Senator by providing particulars of jet-skis and their owners to which local authorities, harbour authorities and Waterways Ireland would have access, to assist them with enforcing their by-laws. This might be helpful, but I can anticipate that it will not have universal approval. I hope to be in a position to bring the heads of a Bill to Government in the coming months.

We are also examining jet-ski operator training, which was another point adverted to by the Senator. Such training is currently being provided by training organisations with a view to recognising suitable training courses and encouraging their use by all jet-ski operators. Again I am sure we will have a discussion on whether there should be a compulsory element involved here, particularly for younger people.

Finally, I should mention the code of practice for the safe operation of recreational craft, developed and published by my Department. This has been updated and contains information on legislative requirements for jet-skis, as well as a dedicated chapter on using them safely and responsibly. It includes a recommendation that persons operating jet-skis undertake appropriate training and provides contact details of course providers. It also provides information on equipment to be worn and carried by operators of jet-skis as well as guidance and advice on operating such craft and emergency procedures. Copies of the code have been distributed at all major boating events in recent years and can be obtained on request from the Department.

The Senator has raised a very important issue. We have made some progress in this area in recent years. Some of the concerns she expressed can be met under existing legislation, but we need to look again at certain aspects to try and see if we can strengthen the legislation.