Enda Kenny (Mayo, Fine Gael)
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Question 39: To ask the Minister for Transport the actions he has taken on recommendations made, specifically 8.2 and 8.3, in the report by the Marine Casualty Investigation Board on the sinking of the Rising Sun; and if he will make a statement on the matter. [9717/08]

Noel Dempsey (Meath West, Fianna Fail)
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The recommendations referred to by the Deputy are contained in a report published by the Marine Casualty Investigation Board (MCIB) on 28th May 2007. The report relates to the tragic capsizing and sinking of the fishing vessel the "Rising Sun" in fishing grounds off the Co. Wexford coast on 29th November 2005, with the loss of two lives.

I would at the outset like to convey again my sympathies to the families on their tragic losses.

The Department has examined the MCIB recommendations with a view to addressing any shortcomings in either the statutory basis of the regimes covering fishing vessels or in relation to enforcement arrangements.

With regard to Recommendation 8.2 referred to by the Deputy surveys of fishing vessels that are less than 15 metres long are carried out on behalf of the Department of Transport by an approved panel of surveyors. The Department updated and renewed this panel in 2007, during which the Department interviewed applicant surveyors.

As part of the interview process applicants were required to show an understanding of the importance of informing the fishing vessel owners of the necessity to immediately notify the surveying authority of any alterations in equipment or structure or the intended use of their vessel.

Recommendation 8.3 makes reference to the Declaration of Compliance, recommending that this should include a report of the type of fishing equipment fitted at the time of the survey of the vessel and the intended purpose of the vessel. The Declaration of Compliance is contained in an annex to the Code of Practice in respect of fishing vessels less than 15 metres.

The Department published the Code of Practise for the design, construction and equipment of small fishing vessels in 2004. This Code sets minimum standards of safety for the vessel to protect all persons on board. It covers vessel design, construction, machinery, safety equipment and stability issues.

In 2007 the emphasis was on bringing in safety regulations covering 15-24 metre vessels where previously there had been no regulatory regime. However, now that that has been done the Code for under 15 metre vessels is being reviewed when both recommendations 8.2 and 8.3 will be fully covered in any amendments or improvements to the Declaration of Compliance.

In relation to fishing vessel safety generally it is important to emphasise that the Department has implemented a comprehensive regulatory framework for fishing vessels to ensure a higher level of safety over time. This is being achieved over time through an approach that separates the fleet into three categories. The first is less than 15 metres in length, and would include the Rising Sun, where a non-statutory Code of Practice is in operation, the other two are 15 to 24 metres and over 24 metres and in both cases there is now a statutory regime in place.

As I have indicated previously, fishing vessel safety must rely not only on the introduction of regulations but on compliance with them. This in turn may require not only specific training but also an increasingly rigorous enforcement regime.