Willie Penrose (Westmeath, Labour)
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Question 213: To ask the Minister for Communications, Marine and Natural Resources if it is the position that pursuant to section 6 of the Maritime Safety Bill as passed by Dáil Éireann on 21 June 2005, it is possible for a local authority in respect of waters under its jurisdiction to completely prohibit the use or operation of mechanically propelled personal watercraft and other recreational craft on such rivers or lakes; and if he will make a statement on the matter. [23059/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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Section 6 of the Maritime Safety Bill 2004 as passed by Dáil Éireann on 21 June 2005, provides that by-laws may be made regulating or controlling the operation of craft or specified craft by local authorities in waters in their functional areas, harbour authorities and Waterways Ireland in waters under their control or management, in respect of, amongst other matters, the prohibition in specified waters or at specified times of such craft. Craft is defined in the Bill as personal watercraft, often referred to as jet skis, and recreational craft when operated by a mechanical means of propulsion.

Section 6 also sets out the basis for any such prohibition and these are: in the interests of the safety of persons using the waters generally or at certain times; to prevent nuisance to or injury to persons or damage to watercraft or other property on the waters; and to protect a natural heritage area or a monument or wreck protected under the National Monuments Acts.

It is essential that the by-law making authorities under the Bill have the power under section 6 to prohibit in circumstances that warrant such action. However, in many cases the use of such craft can, with appropriate restrictions, be accommodated and I would encourage the authorities to use the power under section 6, which I introduced as a Dáil Committee Stage amendment, to restrict the operation of this type of craft in such circumstances rather than prohibit. In this way competing water users can be accommodated to the benefit of those users and the marine tourism industry.