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

I am pleased to introduce the Merchant Shipping (Registration of Ships) Bill 2013, for the consideration of the House.
This Bill is the latest initiative being progressed in the interest of developing an updated and enhanced legislative code for the national maritime sector. The maritime industry and environment is of importance to Ireland as an island and a trading nation. My priorities are to ensure the safety of maritime transport services, the protection of the marine environment and to encourage the development of the shipping sector. The Bill puts maritime safety at the centre of an updated ship registration regime in Ireland. Safety at sea is a vital issue for all those who venture on to the water and this new registration Bill can make a difference in that regard. It will replace the current regime that dates from the 1950s, both in legislation and in the supporting administrative service. In particular, it will link registration in a more direct manner to safety, enhance the accuracy of the central record of ships on the Irish flag and by helping to identify more ships in our waters, it will assist search and rescue operations and contribute to the saving of lives. These are welcome developments.
The introduction of a replacement ship registration Act and the associated IT project were identified in a 2012 value for money review of the marine survey office of my Department as having the potential to give rise to efficiencies. The Bill is the culmination of a review that involved extensive public consultation, meetings with stakeholders and engagement with relevant Departments. This took place against a background of international growth in maritime trade, an increase in the use of pleasure craft and an increasing emphasis on safety, security and environmental issues both at a European and international level.
International maritime obligations for Ireland arise from the UN Convention on the Law of the Sea, the International Maritime Organisation, the International Labour Organisation, the Paris memorandum of understanding on port state control and the European Union. In recent years there has been a determined effort by the International Maritime Organisation and the European Union in particular to enhance the safety of ships and to prevent pollution from ships, by addressing the issues of substandard ships and the obligation on states with regard to ships that fly their flag. Ireland is committed to having under our flag a fleet which is safe, secure and seaworthy. This can be enhanced by linking registration, where appropriate, to statutory safety and certification requirements.
In addition to obligations under the UN conventions, Ireland is a member state of the Paris memorandum of understanding on port state control. This consists of 27 national maritime administrations and covers the waters of the European coastal states and the North Atlantic basin from North America to Europe.
The Paris memorandum maintains a White list of top-performing shipping states in the world. In 2009, Ireland was admitted to this list in recognition of the improvements that had been made in safety standards aboard Irish-registered ships.
I will outline the background and context for the current proposals. I refer to the Merchant Shipping Acts 1894 to 2010. The Bill before the House seeks to update one element of an extensive code of maritime legislation dating back to 1894. The collective Merchant Shipping Acts 1894 to 2010, deal with safety of life at sea and regulate vital maritime safety matters, including the construction, equipment and operation of ships, radio installations, navigation and tracking systems and the life-saving safety appliances to be provided. The provisions of the Merchant Shipping Acts govern passenger and cargo ships, passenger boats, fishing vessels and leisure craft.
Under the related Mercantile Marine Act 1955, my Department is the national authority with responsibility for the registration of Irish ships. That Act was amended in 1998 by the Merchant Shipping (Miscellaneous Provisions) Act, and in 2006 by the Sea-Fisheries and Maritime Jurisdiction Act. The 1955 Act, as amended, provides for the national character, ownership and registry of Irish ships, as well as for the mortgage, sale, transfer and measurement of tonnage of such ships and other connected matters. The existing register of Irish ships is primarily a means for the registration of ship ownership and accompanying financial interests.
Under the provisions of the Mercantile Marine Act 1955, ships wholly owned by an Irish citizen or an Irish body corporate are obliged to register. There are some exemptions to this obligation, including, ships not exceeding 15 net tons which navigate in particular areas; sea fishing boats less than 15 m length overall; ships owned by Irish citizens not ordinarily resident in the State. The Act does not apply to the Naval Service. The 1955 Act assigns a statutory role in ship registration to the Revenue Commissioners, who have appointed registrars of ships to administer the registration process.

Each registrar maintains a register book to record all registration transactions that occur in respect of the port of registry for which he or she is responsible. A ship owner can choose a port of registry from among 13 designated ports. The local registrars hold all of the original official records of registration of ships but send details of entries in the register books to the mercantile marine office of my Department. There are currently more than 3,200 ships registered in Ireland on the national ship register.

There are gaps in the existing legislative framework in that there is no specific power to remove unsafe and unsuitable ships from the Irish register, there are no provisions allowing for registration for specified periods or purposes or for renewal of registration, and the penalties are outdated. In addition, registration is not centralised and paper records make it difficult to access information, generate reports or gather and produce statistical information about the Irish fleet.

Before I go into the detail of individual sections of the Bill, I would like to highlight some of the main changes proposed. The Bill provides a comprehensive re-fashioning of the legal framework around ship registration in the State. The main purposes are to establish a framework for a modern and comprehensive ship registration system including a basis for a new centralised electronic national ship register, and to require additional categories of ships to be registered, with provision for the introduction of ship registration renewal, removal from the register, and improved enforcement powers. Under the Bill, with a few exceptions, all ships operating domestically will have to be registered on the Irish register of ships or to have a current valid registration conferring nationality from another country.

The term "ship" is used in the Bill, and is very broadly defined to include all types of vessels from commercial cargo ships to small angling boats once they have some form of engine or method of propulsion other than oars. A new and expanded Irish register of ships will be created, consisting of different parts for the registration of different types of ships and for different registration purposes. For example, one part may consist of new passenger or commercial ships and larger recreational craft, another part of fishing boats, and another part of vessels that require short-term visitor registration. It will be possible to establish different parts of the register at different times. The specific requirements for different types of ships to be registered in each part will be set out in regulations. The Irish register of ships will be maintained by my Department and the Bill allows for officers of my Department, the Revenue Commissioners and another Minister or a State agency to be designated as registrars of ships. It will take some time to establish the new register and the supporting regulations, following enactment of the Bill, and it is likely the various parts of the register will be introduced on a phased basis.

The Bill introduces a ship registration requirement for fishing boats less than 15 m in length, personal watercraft such as jet skis, small fast-powered craft and some small angling boats. This will mean that, subject to a small number of exemptions, all ships operating domestically will be required to be registered. "Operating domestically" means operating on any voyage which is wholly or partially in Irish waters, other than an international voyage that does not originate or terminate in the State. The inclusion of personal watercraft and small fast-powered craft reflects the growth in their use in recent years and the need to exercise some degree of control over them in the interests of public safety. Reports from the Marine Casualty Investigation Board have identified incidents of marine casualties involving recreational craft, with recorded incidents involving jet skis causing deaths in 2003, 2006 and 2007, and involving fast-powered craft, in 2010, 2011 and 2012. This is not regulation for its own sake. The Marine Casualty Investigation Board, which is independent of my Department, has recommended the registration of jet skis on a number of occasions. This Bill makes that a reality.

Irish Coast Guard statistics for 2013 show that incidents of jet-skis requiring assistance were up 189% on 2012 due, in part, to the fine weather. These vessels are considered high risk. Registration will assist in the identification of owners and thereby act as a support to general maritime law enforcement and make it easier to prosecute offending users. A simple form of registration is envisaged for personal watercraft and small fast-powered craft operating domestically. Registration will also be extended to fishing vessels less than 15 m in length overall and to certain angling boats to underpin compliance by these vessels with safety standards.

As a result of the new provisions, exemptions from the requirement to register will apply in future only to recreational craft less than 24 m in load line length, other than personal watercraft and small fast-powered craft, and to warships.

A system of visible registration is proposed for recreational craft 24 m in load line length or greater, personal water craft and small fast powered craft where such vessels are not registered in another country and which operate in Irish waters for a short period. This will be a simplified form of registration for a nominal fee. It will reflect the short-term nature of this type of registration so as not to impact negatively on maritime tourism.

Ship registration renewal, the capacity to refuse ship registration or remove ships from the register, is proposed in order to improve the quality, integrity and accuracy of the Irish Register of Ships. Following initial registration, there will be a requirement for renewal after a period of up to five years and at intervals of up to ten years thereafter.

Improvements to enforcement provisions include increases in penalty levels as the existing penalties date back to 1955 and are at a maximum of €635; a power of detention given to surveyors for ship registration related offences; the introduction of a system of fixed payments for certain offences involving personal watercraft, small fast powered craft and smaller angling ships; and the designation of authorised persons for enforcement purposes to include surveyors of my Department, members of An Garda Siochána, officers of the Revenue Commissioners, sea-fisheries protection officers, authorised officers of Inland Fisheries Ireland, certain Defence Forces personnel and officers of the Irish Coast Guard.

The overall approach taken in the Bill is to establish a comprehensive legislative framework to provide for the detail of ship registration requirements through secondary regulation which facilitates further enhancement and evolution in the future as the need arises. The supporting framework of secondary legislation will be finalised following enactment of the Bill. This approach will provide flexibility for the maritime administration and facilitate a speedy and appropriate regulatory response to change in the sector within the overall principles and policy parameters of the Bill, including to emerging policy concerns and requirements and operational priorities at national, EU or international level.

It is important to have an efficient and effective registration system for ship owners and, in line with the Government's commitment to e-government, I am taking the opportunity to develop an electronic register and online services, where possible. Alongside the new legislation, a new electronic Irish Register of Ships is being developed to move a primarily paper-based system spread over eleven locations to one central electronic system and to modernise the registration process. This will facilitate a more efficient registration service for ship owners, easier management of the register and an accurate record of ships on the Irish flag. It will also allow access to the register for certain State agencies and, in a limited way, the public for information on the registration of vessels. It will enable many applications for registration to be started online and it should be possible to substantially complete many straightforward renewals and declarations in this way.

I will now outline the main provisions of the Bill. They are also set out in the explanatory memorandum that has been circulated to Senators.

The Bill is divided into nine Parts and has four Schedules. Part 1, sections 1 to 8, inclusive, sets out a number of standard provisions, including interpretation, fees, expenses, regulations, repeals and revocations.

Part 2 covers the registration of ships. Sections 9 to 32, inclusive, establish the framework for the new Irish Register of Ships, the new ship registration process and administration. The new central electronic Irish Register of Ships to replace the existing paper-based register books will be established under section 9. The register will consist of different parts to facilitate the registration of different types of ships and their particulars in each part, the detail of which will be set out in regulations. As I have mentioned, registration will be for an initial period of up to five years, subject to compliance with standards and-or conditions of registration. After the initial period of registration and subject to satisfactory completion of the registration renewal process, a registration may be renewed for further periods of up to ten years. The section also provides for the making of regulations in relation to access to the register and amendments to the content of the register, when necessary. The provisions allow the register to be kept in different formats, including electronic format.

Section 10 provides for service agreements with State agencies to undertake elements of the ship registration administration process, if the need arises in the future. It is not envisaged, however, that the entire ship registration process will be outsourced, given our international responsibilities under the United Nations Convention on the Law of the Sea and the need to retain control over the registration of ships on the Irish flag.

Section 11 sets out the requirements for ships to register on the Irish Register of Ships when operating domestically or to have a current valid registration conferring nationality from another country. It also sets out which ships are exempt from registration. The registration requirement will apply to all passenger and commercial ships; recreational craft equal to and greater than 24 m in load line length; fishing boats that hold or are required to hold a sea-fishing boat licence granted under the Fisheries (Amendment) Act 2003; personal watercraft such as jet skis; small fast powered craft, and certain small angling boats that are exempt from the requirement to have a passenger boat licence.

These requirements will also apply to State-owned ships in the relevant categories but warships will continue to be exempt from registration. Other than the small vessels already mentioned, registration is not proposed for recreational craft less than 24 m in load line length and used exclusively for non-commercial recreational purposes.

Ships on the new register will be required to have their operations controlled and directed from within the State. The capacity to establish different parts of the register at different times will facilitate a phased implementation of mandatory registration. This element of the Bill recognises important practical issues that require resolution before the ship registration requirement is introduced to additional ship categories.

Section 12 sets out the principles under which ships may be entitled to be registered on the register. These include the qualification of the owner, the compliance of the ship with prescribed conditions or other requirements, such as safety, environment and security, type, age, size and trading pattern. These provisions will reinforce the standards required for registration and allow the State to exercise control over the condition of ships that choose to register on the Irish register of ships. Section 14 contains transitional provisions for the automatic transfer of Irish ships which are on the existing register books to an appropriate part of the new register for an initial period of up to five years. These transfers will be free and, subject to compliance with the requirements of the Bill, the ships can be considered for renewal of their registration after that period. The section also allows applications for registration which have commenced under the 1955 Act before its repeal to be considered under that Act.

Section 15 lists the categories of persons qualified to register a ship on the Irish register of ships. These include an Irish citizen, a national of another EU member state and certain corporate bodies. Section 16 requires a qualified person who is not resident in the State or who does not have a registered office in the State to appoint a representative person who resides or has a presence in the State. Section 17 provides for the appointment of registrars of ships and allows for the continuing involvement of the existing registrars. The current statutory arrangements for the registration of ships involving officers of the Revenue Commissioners will continue in the short term until such time as the new register is in place and the relevant provisions of the Bill and subsequent regulations are commenced.

Sections 18 and 19 provide a framework for ship registration applications and renewals. Regulations may be made on the administrative aspects of applications, including procedures, information, declarations and documentation. Section 20 requires the measurement of ships for the purposes of registration and the issuing of a certificate of measurement. Section 21 provides for the refusal of ship registration and introduces specific provisions to allow for the removal of a ship from the register in a range of circumstances, including those relating to safety, pollution prevention, qualified persons and compliance with standards and conditions. These measures are being introduced in the interest of preserving the integrity of the register.

Section 22 provides for an appeal process in certain circumstances where it is proposed to refuse to register a ship, renew a ship registration or remove a ship from the register. Section 23 provides for temporary registration and allows qualified persons who normally live in the State and who purchase a recreational craft under 24 m in load line length outside the State to register the recreational craft on a temporary basis for the purpose of bringing the craft from abroad to a port in the State.

Section 24 deals with visitor registration. By requiring categories of ships operating domestically in Irish waters to register if they are not registered in another State, we must take into account the position of visitors to our shores who might choose to travel with their own recreational craft. Such craft will not necessarily be registered in another State, as registration requirements vary internationally. For this reason, section 24 introduces a particular category of visitor registration for personal watercraft, recreational craft 24 m and greater or small fast powered craft, which are owned by visitors to the State and are being used in Irish waters for up to three months. Such a short-term visit to Ireland will not require full registration on the Irish flag, as would otherwise be required under section 11 of the Bill, and visitor registration will not confer Irish nationality. A simplified form of registration is envisaged and for a nominal fee. The details of the visitor registration application requirements and procedures will be set out in regulations.

Sections 25 and 26 of the Bill set out the requirements for the naming, carving and marking of ships with a range of matters, such as the official name or number of the vessel or the port of registry. Sections 27 to 29, inclusive, address issues regarding certificates of registry and requirements for carrying documentation on board the ship.

These provisions reflect the importance of the certificate of registry, particularly in cases of full registration where it is the primary document that testifies to a ship's nationality and ownership.

Sections 30 and 31 concern ports of registry. They retain the 13 existing ports of registry, as well as providing for future changes in this area. Low levels of activity at certain ports of registry and future streamlining associated with the introduction of a new central electronic Irish Register of Ships will mean that ports of registry will remain in name only, rather than being a location for a ship registration office.

Part 3 relates to Irish ships, their national colour and character. Sections 33 to 38, inclusive, clarify which ships may be known as Irish ships and the requirements in relation to the flying of flags by such ships. Based primarily on the existing legislative requirements, it includes prohibitions on hoisting flags other than the national flag, pretending to be an Irish ship, concealing Irish character and assuming foreign character. Ships holding visitor registration under section 24 will not be known as Irish ships and it will also be possible to provide that ships on the register of other categories or types, when not operating domestically, will not be known as Irish ships.

Good enforcement is important for all legislative provisions and Part 4 aims to update and improve enforcement for ship registration. Sections 39 and 40 provide for authorised persons and their powers. For practical operational reasons, a range of State personnel who are likely to come across breaches of ship registration requirements in the course of their normal day-to-day work will be designated as authorised persons under the Bill. Section 41 introduces powers of detention for surveyors in relation to a ship in a port in the State or Irish waters, or an Irish ship in a foreign port, where breaches of specified sections of the Bill arise.

Section 42 provides for a system of fixed payments in lieu of prosecution for certain offences involving failure to register smaller ships such as personal watercraft, small fast powered craft and certain small commercial angling boats. Similar to existing fixed payment regimes under other maritime legislation, fixed payments of €150 or such other prescribed amount are provided for, to be paid within 21 days of the notice. If payment is not made, a prosecution may be brought by the local authority concerned, Inland Fisheries Ireland or the Minister for Transport, Tourism and Sport, depending on who served the fixed payment notice. Given the large numbers of smaller ships that may be involved, this is considered to be a more practical approach to enforcement than court prosecution for such registration offence cases.

Sections 43 to 47, inclusive, carry forward some general legal provisions in the Mercantile Marine Act 1955 relating to documentary evidence and declarations in relation to ship registration. Part 6 concerns private law provisions. This Part of the Bill carries forward and updates, where necessary, a range of private law provisions for registered ships that were contained in the Mercantile Marine Act 1955. Sections 48 to 62, inclusive, relate to title, ownership, transfers of ships and mortgages on ships.

Part 7 relates to proceedings. Sections 63 to 67, inclusive, contain provisions relating to proceedings for offences under the Bill, summary penalties and the liability of both the owner and the master of a ship when certain offences are committed. Section 63 provides that summary prosecution proceedings may be initiated by the Minister for Transport, Tourism and Sport and, in the case of ship registration offences relating to personal watercraft, small fast powered craft and certain small angling boats, the local authority concerned or Inland Fisheries Ireland. Under section 64, summary conviction, except where provided otherwise in the Bill, will give rise to a maximum fine of €5,000. Section 65 allows for the prosecution of both the owner and the master of a ship in the case of certain specified offences linked with the carrying of a certificate of registry and related documentation, concealing the Irish national character of a ship, or assuming a foreign character. Section 66 deals with offences committed by a body corporate.

Section 68 and the associated Schedule 4 provide for a number of consequential amendments to a range of legislation arising from the provisions of the Bill. The majority of these amendments arise from the repeal of the provisions of the Mercantile Marine Act 1955 and the need to replace the references to it in the listed Acts with references to the new Merchant Shipping (Registration of Ships) Act.

Part 9 relates to the safety convention. Section 69 provides for a small amendment to the Merchant Shipping (Safety Convention) Act 1952.

It updates the definition of safety convention which relates to the International Convention for the Safety of Life at Sea, SOLAS. The definition was last updated in the Merchant Shipping Act 2010 and needs to be further updated to facilitate the transposition and implementation of convention amendments, agreed in May 2012, into Irish secondary legislation.

Schedule 1 and the associated section 7 provide for the repeal of several specified enactments, in whole or in part, namely, the whole of the Mercantile Marine Act 1955 and subsequent amendments to that Act in 1998 and 2006. As mentioned earlier, the 1955 Act, as amended, will be replaced by the provisions of this Bill.

Schedule 2, dealing with revocations, and the associated section 8, will revoke several statutory instruments as a consequence of the repeal of the Mercantile Marine Act 1955. The statutory instruments were made under the 1955 Act and will no longer be required following the introduction of this Bill.

Schedule 3, dealing with ports of registry, lists the ports of registry in the State for ship registration purposes and includes all 13 existing ports of registry.

Schedule 4, dealing with consequential amendments of certain enactments, and the associated section 68, provide for amendments to a range of existing Acts arising from the introduction of the Bill. The amendments relate primarily to references in those Acts to the Mercantile Marine Act 1955, to an Irish ship, a registered ship, an owner of a ship, a port of registry, tonnage regulations or issues around load line certification.

My objectives in presenting the Bill for the consideration of the House are to replace and update the ship registration regime in Ireland and to put maritime safety at the heart of ship registration; to remove unsafe or unsuitable ships from the Irish register of ships and to provide for improved enforcement; to assist search-and-rescue operations through the identification of ship owners, and contribute to the saving of lives; to update and modernise the registration process and to provide an efficient and effective service for ship owners, including by means of a central electronic register; to put in place a flexible and responsive legislative framework to maintain a good quality and effective register into the future.

The Bill seeks to apply regulation in the public interest. The extension of mandatory registration to additional ship categories strikes a balance between the needs of the State and public expectations for high standards and safety on Irish flagged ships. I am confident the Bill's provisions will contribute to a quality enhancement of the Irish register of ships and the introduction of a modern, accessible and comprehensive ship registration system. This will support improved safety standards for Irish ships generally with positive effects for ship owners, the general public and the environment.

I commend the Bill to the House.