Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

Group 2 refers to amendments Nos. 3, 4, 5 and 16. The objective of these amendments is to improve the clarity of the sections involved with regard to language used and the nature of the penalties applying where offences arise. Section 23 provides for the temporary registration of recreational craft under 24 m in load line length in particular circumstances. Section 24 establishes a requirement for visitor registration of personal water craft, recreational craft 24 m in load line length and greater, small fast-powered craft and small commercial angling boats, for example craft owned by persons that may be visiting the State and operating domestically for short periods of time not exceeding three months when the craft is not registered in another country.

Amendment No. 3 is a technical amendment involving subsections (8) and (9) of section 23. In the case of subsection (8) it reinforces the meaning of the subsection to make it clear that the certificate of registry of temporary registration must be carried on board the ship to which the certificate relates. What we are looking to do is to make clear that if somebody does have a certificate of temporary registration, it should be carried and made available on the vessel to which the temporary registration applies. The wording of subsection (9) is being revised to clarify that where there is a failure to carry the certificate, the owner or master of the ship concerned will be held responsible for the offence and the penalty is a summary conviction for non-compliance is a class C fine, namely, a fine not exceeding €2,500.

Similar to amendment No. 3, amendment No. 4 revises the wording of section 24(6) to clarify that the penalty on summary conviction for non-compliance with subsection (5) is a class C fine, namely, a fine not exceeding €2,500. This penalty level in both sections 23 and 24 is consistent with the provisions on non-compliance with certificate of registry requirements generally as contained in section 28(13) of the Bill which also provides for a class C fine. What we are looking to do there is to bring consistency to the fines that are in place, bringing those ones into the group of a class C fine.

Section 28 provides for the issuing of a certificate of registry by the Minister when a ship is registered on the Irish register of ships. Provision is made for different types of certificate of registry for different registration purposes as well as for duplicate and replacement certificates. Subsection (2) provides for the issuing of a certificate of registry of provisional registration to the owner of a ship that is under construction where provisional registration has been granted under section 18(2).

Amendment No. 5 is a technical amendment to reinforce the meaning of the wording of the subsection to make it clear that it is the owner of the ship in respect of which the certificate of registry has been granted who may apply to the Minister for an extension of the certificate of registry concerned. We are making clear that it is the owner of the vessel who can then apply for an extension of the certificate of registry.

Section 64 provides that except when provided otherwise in the sections of the Bill listed in brackets in this section, a summary conviction for an offence under the Bill will result in a class A fine, which is a fine not exceeding €5,000. The sections listed in brackets in this section provide for fines other than class A fines. They provide for class C or D fines on summary conviction or higher fines on indictment. Amendment No. 16 amends section 64 to add references to sections 20(9), 23(9) and 24(6) to the saver provision. Sections 23(9) and 24(6) provide for a class C fine on summary conviction where the owner or master of a ship fails to comply with the requirement to carry a certificate of registry of temporary or visitor registration, as appropriate, on board the ship at all times. Section 20(9) provides for a fine not exceeding €50,000 on conviction on indictment where a person alters the particulars of a ship or gives an inaccurate statement of the particulars of a ship, such as its measurement, to a third party. This group of amendments seeks to bring clarity and greater coherence to the nature of penalties that may arise if certain offences are committed. It also seeks to clarify where responsibility for having a certificate of temporary registration on board a vessel rests.