Seanad debates

Wednesday, 23 June 2010

Merchant Shipping Bill 2009: Committee and Remaining Stages

 

1:00 pm

Photo of Peter PowerPeter Power (Limerick East, Fianna Fail)

The definition of master in the Bill is, "the person having, for the time being, the command or charge of the ship". As I understand it, the Senator asked if the legislation would be improved by expanding the definition to include other persons on the ship. A careful note will be taken of that query. However, the obligations arising from this legislation and international conventions relating to these matters are placed on those persons in control of the ship rather than those who might be working on it. Therefore, I do not know how expanding the definition would improve the Bill. The crew of a ship would be protected by the provisions of the Bill.

A passenger steamer is defined in the Merchant Shipping Act 1992 and earlier statutes. Therefore, a revision of a definition would need to be addressed in a consolidation Bill. Would such a revision add something to the legislation? By any ordinary construction, the term "ship" include any seafaring vessel in Irish waters. Any ordinary vessel that travels the seas will be covered by the legislation. The Senator's proposed extension of the definition would not, therefore, add to the Bill. However, at his request, a note will be made of the matters he raises and consideration given to them in the event that the suggested changes would give further meaning to the definitions section in the Bill.

On the question of whether the Bill covers ships of war known as such under section 9 of the Mercantile Marine Act 1955, I draw the Senator's attention to the fact that the Act does not apply to ships of the Naval Service which are wholly manned by its personnel. It sets out that Irish ships entitled to bear proper national colours and assume national character are State owned ships; ships wholly owned by Irish citizens or Irish bodies corporate and not registered under the law of another country; and other ships registered or deemed to be so under the Mercantile Marine Act 1955. Whether Naval Service ships should be covered by this section is a separate issue. The Bill has been designed to apply to merchant ships or other vessels. Other legislation covers the conduct and activities of ships of the Naval Service.

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