Cecilia Keaveney (Fianna Fail)
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This matter is not unrelated to the previous business. It seems as if I have been tick tacking with the Minister, but that has not been the case because I have been trying to get his matter on the clár for a few weeks and it has only been chosen today.

The safety of personalised water craft, PWC, otherwise known as jet skis, is a serious issue. I am a water sports lover, although I am not a jet ski expert. I do not come at this issue from the perspective of banning all water sports, but I am conscious that if I had gone for a walk 30 minutes earlier a few weeks ago, I would have been a witness to a serious jet ski accident in my own region. I wish the teenager involved a speedy recovery. Her injuries are relatively serious and it is a cause of concern not only for her own family who are the most important but also for those who were on the beach that day.

That is part of the reason I am raising this issue. I have seen young people on high powered, lethal and dangerous vehicles. Driving a motorcycle at 50 mph along a particular trail will produce its share of thrills and excitement, but no responsible municipal government would tolerate it. Therefore, why should we not recognise that speed kills not only on land but also on the water and put PWC regulations in place? These are powerful fun devices, but one cannot put an old head on young shoulders. Therefore, we must examine licensing, the age profiles of those who use jet skis and the qualifications of those who lease or sell vehicles to the public. I do not refer only to the under age category because where adults are concerned, alcohol and water sports do not blend as well as some might think. The response locally following the recent accident was that an outright ban on these vehicles should be examined, but I do not agree with a ban on any water sports. We need beach management. There are places where people should be able to swim safely. There are also places where it would be safe for enthusiasts to use other water craft, but where different crafts are being used while people are swimming, it can become dangerous.

I read a few articles to see whether I was wrong about this. According to the National Association of State Boating Law Administrators in America, jet skis work differently from other boats. It states:

When the driver releases the throttle, he or she completely eliminates the ability to steer. Many new operators can forget this, particularly during potential collisions. Drivers should also remember that the jet ski drive propulsion system is extremely responsive to slight turns of the handlebars. The manoeuvring ease encourages drivers to try unusual stunts, sometimes causing accidents.

I could go through many reasons jet skis are different. In 1996 in America 4,099 PWCs were involved in recreational boating accidents, in which 1,831 people were injured and 57 were killed. I could go through all the facts and figures, but I do not need to fight that corner with the Minister because he understands the issue.

I do not agree that the issue should be referred back to local authorities for decision. A national lead needs to be given on the specifics; perhaps county and urban district councils could then make their own decisions. Zoning might be a local authority function, but we should not abdicate at national level responsibility for taking the more significant decisions. For example, should we establish prohibition or restricted zones? Should there be a minimum age requirement for operators? Should there be mandatory use of personal flotation devices? Should there be limits on hours of operation? Should exhaust or muffler system modifications be prohibited? Should we limit jumping in the wake of another vehicle or vessel? Should a minimum distance requirement with respect to other vehicles or piers be imposed? Should it be mandatory to operate a PWC in a reasonable or prudent manner and-or to prohibit operations in a reckless or dangerous manner? Should lanyard requirements be examined?

These questions need to be examined nationally rather than given over to county councils to address through by-laws. For example, Donegal County Council has a number of by-laws governing the issue, but an accident which could have resulted in death in my own area is not the specific reason I raised the issue. Anybody who looks at a motorbike, car or horse moving at speed considers them to be dangerous. Therefore, we must be as cautious regarding water craft in the context of health and safety, environmental and noise pollution in order that everyone can enjoy the fantastic facility we have.

There is massive potential for marine recreational activities. My area has not exploited this potential and we would love to see more investment in such activities. That is why it vital to ensure the rezoning is in place and there is a safe environment for young and old to participate in line with their abilities, using appropriate craft.

Noel Dempsey (Meath West, Fianna Fail)
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I thank Senator Keaveney for raising this matter. My viewpoint is not enormously different to the one she has expressed, save for one fundamental area, namely, the question of by-laws and local authorities. I fundamentally disagree that many of the things she read out could be dealt with nationally. Some of them could be, but the vast majority are matters for the local authorities because they are in the best position to make local decisions as regards where jet-skis should and should not go. Perhaps it is just my local government background and the commitment I have to getting things done locally, where appropriate. I know the Senator did not make this point, but unfortunately, in certain instances - I am not singling out Donegal - some councillors will not take responsible decisions in cases where objections are raised. I believe a good deal of this could and should be dealt with locally, but I agree with many of the other points that have been raised.

I recall that in 2005, as a result of a report, local authorities, harbour authorities and Waterways Ireland were given the powers to introduce by-laws to regulate and control the use of fast powered craft, including jet skis, in waters under their control or management or in their functional area. The Maritime Safety Act 2005 gave effect to that. That legal framework is contained in the Act. It arose from the conclusion of the action group report on small powered recreational craft, including personal watercraft, jet-skis as we call them. The report made a recommendation to the effect that the primary public policy response to regulating such craft should be the use of local by-laws, and the Maritime Safety Act was introduced to allow that to happen. That is the proper way to do it, because it recognises that the issues and conditions can vary from place to place. It makes eminent sense to me that people with local knowledge should regulate for the particular circumstances they face. Under the Maritime Safety Act 2005, the prohibition or restriction of specified craft may be for the purposes of safety to persons, prevention of nuisance or injury, damage to watercraft or property and to protect national heritage areas and protected monuments. It is a matter for individual by-law making authorities to assess the particular circumstances in their area and decide the appropriate response, having regard to guidelines issued by the Department and in consultation with interested parties.

With regard to age specific categories the Senator mentioned, the Pleasure Craft (Personal Flotation Devices and Operation) (Safety) Regulations 2005 provide that every person on a personal watercraft shall wear a personal flotation device at all times while on board, or being towed in any manner by a personal watercraft. The 2005 regulations also provide, inter alia, that the master or owner of a personal watercraft shall take all reasonable steps to ensure a person under 16 years of age does not operate or control the craft. They provide, too, that the master or owner of a pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 KW shall take all reasonable steps to ensure a person under 12 years does not operate or control the craft.

There is no provision under the Maritime Safety Act 2005 for the licensing of jet-skis. However, the House may be aware that in 2008 my Department initiated a public consultation on proposals for registration of vessels. This came about on foot of a review initiated against the background of international and national developments in the maritime area since the current legislation governing vessel registration was introduced in 1955. These developments include the growth and increase in the use of pleasure craft, and increasing emphasis on safety and security issues.

Taking account of comments received through the public consultation process, the Department is preparing new primary legislation, the objective of which is to establish a modern and comprehensive vessel registration system. In this context the compulsory registration of jet-skis is being considered. No doubt we shall have a good discussion on that when the legislation comes forward. It would address many of the concerns raised by the Senator by providing particulars of jet-skis and their owners to which local authorities, harbour authorities and Waterways Ireland would have access, to assist them with enforcing their by-laws. This might be helpful, but I can anticipate that it will not have universal approval. I hope to be in a position to bring the heads of a Bill to Government in the coming months.

We are also examining jet-ski operator training, which was another point adverted to by the Senator. Such training is currently being provided by training organisations with a view to recognising suitable training courses and encouraging their use by all jet-ski operators. Again I am sure we will have a discussion on whether there should be a compulsory element involved here, particularly for younger people.

Finally, I should mention the code of practice for the safe operation of recreational craft, developed and published by my Department. This has been updated and contains information on legislative requirements for jet-skis, as well as a dedicated chapter on using them safely and responsibly. It includes a recommendation that persons operating jet-skis undertake appropriate training and provides contact details of course providers. It also provides information on equipment to be worn and carried by operators of jet-skis as well as guidance and advice on operating such craft and emergency procedures. Copies of the code have been distributed at all major boating events in recent years and can be obtained on request from the Department.

The Senator has raised a very important issue. We have made some progress in this area in recent years. Some of the concerns she expressed can be met under existing legislation, but we need to look again at certain aspects to try and see if we can strengthen the legislation.

Cecilia Keaveney (Fianna Fail)
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I thank the Minister for his comprehensive response. Perhaps I can clarify that I agree with him that the best place for the zoning of jet-skis is at local authority level. I believe the forthcoming regulation he alluded to has more of a national reach. I shall be using this as an opportunity to persuade people to submit their thoughts to the Minister. Is he familiar with one of the arguments in my area, for example, on the Foyle as regards who is to police any such by-laws and regulations, since the Foyle is "disputed territory"? The people who use it are from both communities.

The authorities might have difficulty in deciding whether they have the right to pursue somebody on that water, for instance. Maybe this is something that could be addressed, and it is a much bigger issue than jet-skis. If we can make a complete claim as regards the Foyle, that would be grand, and it might clear up one of those issues.