Seanad debates

Tuesday, 15 April 2014

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

 

4:25 pm

Photo of Pat O'NeillPat O'Neill (Fine Gael) | Oireachtas source

I welcome the Minister and congratulate him on bringing this legislation before the House. In all the legislation the Minister has brought before the House, such as the Taxi Regulation Bill or the Road Traffic Bills, he is reforming. It is important that this legislation be updated. Some of it goes back to 1894 to 1955. This Bill may be like the Taxi Regulation Bill recently passed by the Seanad and Dáil. It brings in new regulations for a very important industry. As an island nation it is very important that we have proper legislation for the maritime industry.

There will be no significant increase in charges, and Senator Ned O'Sullivan hinted at this.

Large or commercial passenger ships or recreational vehicles will pay between €200 and €250. Is this an annual charge? How does it compare to charges in our nearest neighbour, the United Kingdom, and the rest of the European Union?

As we all know, ships fly a flag, but this may be a flag of convenience. The state of the flag which a ship flies exercises regular control over it and is required to inspect it regularly, certify its equipment and crew and issue safety and pollution prevention documents. If a ship flies a temporary flag in Ireland, is it obliged to register in order that it complies with our laws under the Bill? Some state we have 11, others 12, while the Minister states we have 13 ports which can register. Will extra staff be employed for the task of surveying? Will a centralised office be established to provide for the registration of ships?

Changes will be made to who can register as a ship owner. Previously, as the Minister stated, one had to be an Irish person or a corporate body but now any person in the European Union, member state or corporate body can register a ship in Ireland. This may help employment creation in the country. If our regulations are seen to be the most stringent in Europe and the world, it may help to attract companies to register their ships in the State, which would be welcome.

With regard to section 21, we have mentioned the taxi regulation Bill. I consider this to be an NCT for ships, or that is what it should be. As the Minister pointed out, there are gaps in the existing legislative framework. There are no powers to remove an unsafe or unsuitable ship from the Irish register. There are no provisions allowing registration for a specific period or the renewal of registration, while the penalties are outdated. The legislation will update what have been seen as antiquated laws which we have had for a while.

I have an issue with sections 11 and 12 and the temporary registration of ships. For how long must a ship work before it must be registered temporarily? Perhaps I did not understand the Minister. If a ship comes into port and then leaves, it does not have to register. For how long must it be working in Irish waters before it must be registered temporarily under the legislation?

I support Senator Ned O'Sullivan with regard to jet skis being brought under the legislation. The Minister mentioned this issue. We have all seen bathers and swimmers at beaches terrorised by jet skis. Some 123 people lost their lives in shipping or boating accidents between 2002 and 2012. It is important, therefore, that this legislation covers leisure craft and certain maritime leisure vehicles.

It is welcome that the Minister hopes to introduce the safety at sea initiative later this year. It should include placing swimming lessons on the school curriculum to ensure everyone in the country will be able to swim. I have raised this issue in the House and with the Minister for Education and Skills. We are an island nation and I hold up my hand and state I am not able to swim. I am ashamed to say it. If it was included as part of the curriculum, everybody would be aware of how dangerous water can be and also how great a leisure activity swimming can be.

The penalties are set at 1955 levels and the maximum fine is €635. It is important they be brought up to date. This is not about penalties but safety at sea and ensuring all ships and boats which operate in our waters operate to the highest standards.

I welcome the fact that more people will be allowed to enforce the legislation such as the Minister's departmental officials, members of the Garda, Revenue officers, sea-fisheries protection officers, officers of Inland Fisheries Ireland, certain Defence Forces personnel and officers of the Irish Coast Guard. These people have a certain expertise in this area and it is important that this is outlined in the legislation.

Before I welcome the Bill to the House, I have a question for the Minister. The legislation deals with merchant shipping and regulations for boats or ships that operate in our waters, and even leisure craft. Is there legislation that outlines who is entitled to operate a craft in Irish waters? If I want to drive a car I must have a driving licence. Nobody is going to leave a big ferry in the hands of a total amateur and I know that operators have worked their way up through the ranks. Can I hire a boat if I go to a port in the morning? What legislation exists to govern who can take out a craft over a certain size?

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