Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Senator Swanick for raising this very important issue. I am aware of the interest in it in this House and in the Lower House. We certainly have one thing in common, namely, a very healthy and large admiration for the work of this extraordinary group of people. I have expressed that in many quarters, and in some tragic circumstances, recently. At the very least, that is something we can both express in this House.

In the recent past, I received a number of requests to introduce legislation in respect of the Irish Coast Guard, a division of my Department, most notably in correspondence I received from some Irish Coast Guard volunteers. I would like the record to show that my Department and I have the utmost respect for the volunteers who give their free time to provide a search-and-rescue service on behalf of the Irish Coast Guard. Their devotion to serving their communities must be commended and admired. The latter cannot be repeated often enough.

I welcome this opportunity to address some of the issues and concerns which have been raised and which have been expressed to me through correspondence. It is true that the Irish Coast Guard is not an established legal entity. It is, as I have said, a division of my Department. It was established thus under a Government decision in 1990, initially as the Irish Marine Emergency Service. The name was changed to the Irish Coast Guard in 2000. The division was subsequently transferred from the Department of Communications, Marine and Natural Resources to the Department of Transport in 2006.

The Irish Coast Guard has a number of functions, including search and rescue and maritime pollution prevention and response. I am satisfied that the Irish Coast Guard, as a division of my Department, has sufficient powers to carry out its functions. These are augmented by the various items of merchant shipping and sea pollution legislation to which I previously referred in the Dáil. These Government decisions, the Irish maritime search-and-rescue framework and legislative provisions are aligned with the accepted provisions of international law, namely, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue and the United Nations Convention on the Law of the Sea. This administrative and legal framework establishes the search-and-rescue function as a State function, with the Irish Coast Guard designated as responsible for maritime search and rescue. It further defines the jurisdiction and legal authority of the rescue co-ordination centres with relevant standards of the International Civil Aviation Organisation and the International Maritime Organisation.

As I have already stated, the volunteer element of the Irish Coast Guard has expressed concerns regarding its legislative standing. However, I am of the view, in light of the context which I have just set out, that there is no need to place the Irish Coast Guard on any additional statutory footing. Indeed, it is difficult to identify any specific need for legislation or to establish what would be the purpose of any legislation. Legislating for a voluntary group would give rise to very complex matters. In all probability, the volunteer sector would not be covered under any such legislation, as is evidenced by the Civil Defence Act, which does not contain any provisions in respect of its large volunteer force. The same applies to matters such as training standards, which are dynamic and constantly evolving and which are not, therefore, an appropriate subject for legislation.

The marine rescue co-ordination centres have been in existence for many decades and operate on the basis of international law and international recognised standards. It is difficult to see what advantage would derive from further legislation. Finally, the helicopter search-and-rescue facility is provided to the Irish Coast Guard under commercial contract to which company law applies and it could not, therefore, be legislated for in any other way.

Finally, I assure Senators that there are no plans to diminish Irish Coast Guard services or reduce the number of active stations, which is a concern that has been voiced. The location, distribution and response service provided by Irish Coast Guard assets are kept under continuous review with a view to development and improvement in the delivery of search and rescue services around the country.