Keith Swanick (Fianna Fail)
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First, I extend my condolences to the families of Clare O'Neill, Michael Pyke and Fintan Goss who lost their lives in Storm Ophelia. The loss of their lives is a fitting reminder of the dangers that extreme weather events can cause. We must all pay tribute to the phenomenal emergency services workers who went to work as usual on Monday, leaving their own families behind to ensure the safety of others. The ESB and local authority staff have worked around the clock to keep us all safe.

Storm Ophelia was the worst storm to hit Ireland in more than 50 years and, despite being downgraded as an ex-hurricane, almost 300,000 homes were left without power, schools and businesses closed and our public service broadcaster, RTÉ, had special programming all day to keep us informed of the storm's trajectory. All of this was co-ordinated, of course, by the work of the national emergency co-ordination group. Nonetheless, acts of stupidity were carried out, with incidents in Louth, Galway and Kerry where the reckless behaviour of a few risked their lives and the lives of others. I think of the volunteers in Clogherhead and Greenore in County Louth who had to go out bravely into the full force of the hurricane because of two kite surfers. I ask why were they obliged to put their lives in danger just because of the stupidity and selfishness of others. John Draper from Valentia Coast Guard wrote that Monday was, "A never-ending cycle of telling people not to risk lives".The actions of those surfers and swimmers who took to the water despite the constant pleas from the authorities were nothing short of anti-social behaviour. They put the lives of others at risk. Niamh Fitzpatrick, sister of Captain Dara Fitzpatrick who tragically lost her life on Rescue 116, adequately summed up the feelings of many of us when she urged people to "PLEASE cop on". Her language was temperate compared to that which I and others would have used with regard to these fools.

What are the sanctions and who is responsible for enforcing them? I have drafted legislation which would impose harsh penalties on those who damage lifesaving equipment such as defibrillators and lifebuoys. The fact that such legislation is necessary is also a sad indictment of where our society stands. The political scientist Robert Putman wrote a book called Bowling Aloneand warned that our stock of social capital, the networks of relationships we have with people, marked by reciprocity, trust, and co-operation, have plummeted, damaging all our lives and communities. This is evident in the number of people who selfishly took to the seas on Monday despite the numerous warnings to stay indoors.

I fully support entirely my Fianna Fáil colleague, Deputy Darragh O’Brien, who has advised me that he will draft legislation to give emergency responders the protection they deserve by imposing deterrents on those who decide to be reckless and put lives in danger. Yesterday in the Dáil, my party leader, Deputy Micheál Martin, called on all parties to co-operate in bringing in legislation to prevent people taking undue risks against safety advice. Will the Government co-operate with his request? There are many who will label those of us calling for harsh penalties as kill-joys but the O’Neill, Pyke and Goss families know the reality of the danger of the storm.

David Stanton (Cork East, Fine Gael)
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I am speaking this morning on behalf of Minister for Justice and Equality who sends his regrets that he cannot be present due to other official commitments. He is grateful to the Senator for raising this important matter in the House today.

We will all have seen the reports which emerged on Monday, while Hurricane Ophelia battered our shores, of a number of persons who took to the sea against the advice of Met Éireann, An Garda Síochána and the national emergency co-ordination centre, among others, putting their own lives at serious risk. The Minister shares the frustration and anger of many others who have commented on these incidents. Their blatant disregard for the safety of the brave men and women of our Coast Guard and other emergency services is staggering. The Irish Coast Guard does not have a role in sanctioning people who enter the water in such instances. The primary function of the Coast Guard is search and rescue. Its role is to save, not sanction. The Coast Guard responds to individual incidents on a case by case basis. Each incident is assessed based on severity and on the availability of declared resources to perform a search and rescue safely. The most appropriate and best located resource is tasked based on this assessment.

The Coast Guard, including through its marine search and rescue centres, offers advice in relation to safety matters pertaining to maritime activities as requested. It is more a matter of luck than anything else that no one appears to have been seriously injured while swimming or surfing off the coast on Monday. We need no reminder of the three people who were tragically killed during Hurricane Ophelia and I join the Senator and others in extending my sympathy, and that of us all, to their families and friends. These were really tragic events. Weather events such as Hurricane Ophelia are a rarity on this island. This was Ireland’s first national red alert. There is now a danger that these weather events will become more frequent and the Minister is aware of the calls for the introduction of sanctions for the kind of behaviour which the Senator has outlined.

While there are no specific sanctions in place, the Criminal Justice (Public Order) Act 1994 allows a Garda member in certain circumstances to direct people to desist from acting in certain ways that give rise to a reasonable apprehension for the safety of persons and to leave the vicinity of the place concerned. Failure to comply with a direction in this instance constitutes an offence punishable by a fine not exceeding €1000, imprisonment for a term not exceeding six months or both. Of course, for a Garda member to make such a direction he or she must be present at the incident, which will often not be the case when dealing with such behaviour because of the danger involved.

We should be cautious of seeking a legislative response to every issue that causes concern but, as the Taoiseach said yesterday, it may be that introducing some kind of sanction for this kind of behaviour should be considered, perhaps, as the Senator has suggested, on an all-party basis. I assure the Senator that the Government is very open to looking at such proposals. The Minister has asked me to conclude by saying that, ultimately, people need to take responsibility for their own actions and for putting their lives and those of others at risk. The simple fact is that if people would exercise some common sense and find within themselves a trace of respect for those who risk their own lives to save others, we would not be here having this discussion.

Keith Swanick (Fianna Fail)
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I welcome the potential for an all-party solution. Those of us who work in the emergency services respond when the bleep goes off. We treat the patient who presents in front of us. We deal with the fire and do our best. It is not the time to examine the causes during the emergency, but in the cold light of day one often thinks about what is called contributory negligence. Surely if a person enters the water against the expressed wishes of the Coast Guard, An Garda Síochána or other authorities, he or she should be liable for all costs associated with his or her rescue. We are only talking about incidents which take place while a full red weather warning has been issued by the Coast Guard. Eugene Clonan of the Irish Coast Guard was clear that people should stay away from the coastline and the water when he said:

I’d like to reiterate for recreational users to stay off the water. This is an unprecedented weather system that we’re going through. We have not experienced this before and we want people to stay safe. We urge people to stay away from the coastline.

We might examine whether an all-party solution to this issue might be found. We might also consider the idea of contributory negligence in this regard and whether some costs may be attributed to the people who are wasting the time of the emergency services.

David Stanton (Cork East, Fine Gael)
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On behalf of the Minister for Justice and Equality, I again thank the Senator for providing the opportunity to discuss this very important issue during this debate today. I am very happy to pass the Senator's comments and suggestions to the Minister and to the other Ministers who have responsibilities in the area of maritime safety and extreme weather.

As I said, the best outcome for all would be for no such incidents to occur in the first place. Prevention is better than cure. In this context, the Coast Guard undertakes a variety of campaigns designed to target particular audiences, in respect of safety at sea in particular. These take the form of media awareness campaigns in the main. The Coast Guard participates in joint initiatives with other maritime bodies. One such initiative is www.safetyonthewater.ie, which aims to promote safe behaviour and practice. This website is a valuable tool to communicate advice and guidance online to the public. It should not, however, take a media campaign for people to know that they should be nowhere near the water during the worst storm on record ever to hit the country. It is a question of personal responsibility. I repeat that the Government is open to hearing any proposal on how and whether this matter should be addressed. I will report back on the points the Senator has made today. This overall issue is one which might be looked at and should be looked at on an all-party basis.