Seanad debates

Tuesday, 15 April 2014

Merchant Shipping (Registration of Ships) Bill 2013: Second Stage

 

5:25 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

There are a few points on which I will need to get further clarification, so I will address them on Committee Stage. One question was why warships are exempt. This is because they are not covered under international conventions related to shipping; instead, they are covered by other legislation. Ferries are included among all passenger and commercial ships but it is important to bear in mind that many ferries operating in Irish waters are on foreign flags. I believe Irish Ferries operates on a Cypriot flag. There are no intended job losses from the change to the register, which will be done over a period. Our objective is to expand the register as much as possible.

The question was asked as to whether the registration of cars had improved road safety or reduced the number of accidents. I am sure it has not, but registration none the less makes enforcement possible. I do not propose to register bicycles but, as such, it is very difficult to impose and enforce fines on bicycle users. I cannot really predict the size of the register; we will have to wait to see how many additional vessels will be put on it. I imagine there will be a big increase, particularly with the addition of recreational and smaller craft. Senators Quinn and Naughton asked about a small ships register. As far as I understand it, this legislation does not provide for the creation of a small ships register, although it provides for one register with different parts. I see the point being made and will consider it. To the best of my knowledge there is no requirement for mandatory insurance, but I will revert on the issue.

Reference was made to a boat tax, and that is the first I heard of such a tax. There is a registration fee but there are no plans for a boat tax. With regard to proof of ownership, legislation provides for a declaration of ownership if the appropriate legal documentation cannot be found. I must revert to the Deputy on the difference between a harbour company and the harbour master, as I am not sure of the answer. Senator Cullinane asked about personal locator beacons, which were grant-aided by Bord Iascaigh Mhara recently. I cannot remember if they are compulsory now but there are plans to this effect. As with many devices, this comes down to personal responsibility, and when I read reports from the Marine Casualty Investigation Board I am shocked to see the number of times safety equipment on fishing vessels, in particular, has been tampered with, does not work or has not been updated, or the number of people who do not wear life jackets at all or wear unsuitable jackets. Most incidents should not happen in the first place, but when they do, we often find the life jacket might have been out of date and did not work, or a personal locator beacon was not worn. The majority of incidents would not have a negative outcome if people looked after themselves at sea.

The five-year period is an arbitrary number; it could have been three or six years. The five-year period was chosen as a reasonable period in which to get the new system running well. We wanted to reassure people that they would not be hit with a set of charges very quickly after the introduction of a new system. The Minister deals with this, rather than an independent body. I did not want to set up another independent organisation as we have enough Government or State agencies. The matter could be reconsidered in the longer term. In the United Kingdom, the coast guard operates under a separate agency, and it may be something to consider in future, although I do not intend to do it now.

As has been mentioned, there will be one national Irish register of ships, and it is proposed to include all vessels, with parts for the different types of vessel. All registered ships must comply with relevant requirements, including safety certificate and licensing requirements. The fees will be set at different levels, with lower fees for smaller vessels. With regard to ports of registration, it seems that ships ordinarily display the name of the port from which they sail, so we do not want to change such history. Having said that, I do not see why people cannot put this on a vessel if desired, as it does not necessarily require legislative underpinning. A central office in the Department will operate the new register.

We will recognise the registration of foreign flags if it confers nationality and the ship flies a foreign flag.

Senator Barrett asked about the Cape Town treaty. I am very familiar with the Cape Town treaty on aviation leasing and we are drafting legislation to introduce the alternative A option into the system. It deals with leasing and finance in aviation. I did not know it could apply to maritime also. Perhaps it cannot but I will check.

Senator O'Neill asked who is licensed to pilot a ship. The existing legislation deals with safety certificate requirements for vessels. Various requirements depend on various types of vessels such as whether it is a passenger boat or fishing vessel. If a boat is hired for reward or passengers are charged, one must be fully licensed but if it is one's own vessel which one drives oneself a different set of rules apply.

Two Senators asked how our fees compare to those internationally. I am not sure I have a note on this among my 20 notes here but I will certainly come back to them on it on Committee Stage or in future. The maximum charges will range between €250 and €251. When we speak about a nominal fee we mean a fee structure of less than €100 for such vessels.

I am loth to give a timeframe for implementing this. It will take quite some time. The legislation must go through the Houses after which a separate IT project will move it forward electronically. There must also be a tendering process. A project team has already been established to do this but I am loth to say how long it will take as even putting the regulations in place will take time. I would say that most likely it will take a couple of years to get it all working.

Temporary registration is security for the purpose of navigating a ship from abroad to a port in the State through Irish waters. If a ship operates domestically it is of a category required to register. The ship must be registered.

I believe I have covered most of the questions at this stage. Rather than reading out all of these notes as they are I will go through them and offer clarifications and answer any other questions on the next Stage.

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