The debate will resume on amendment No. 8. Amendments Nos. 10, 12, 19, 20, 24, 25, 27, 93 and 96 are related and all are being discussed together. Deputy Broughan is in possession.
Merchant Shipping Bill 2009: Report Stage (Resumed).
Debate resumed on amendment No. 8:
In page 11, line 2, after "€100,000" to insert the following:
"or ten percent of annual turnover whichever is greater".
—(Deputy Broughan.)
The Minister said on Committee Stage that he would have a rethink about the fine of €100,000. I am seeking to make similar amendments throughout the Bill to enable the imposition of a fine on maritime companies that misbehave of up to 10% of their turnover instead of €100,000. When I was Labour Party spokesperson on Communications, Marine and Natural Resources and the Minister held that portfolio, we examined the rules of Ofcom, the English communications regulator, which allowed for a fine of up to 10% of turnover. The Minister said he would examine it before Report Stage. It would be a drastic measure but the amendments provide for serious maritime carriage rules for dangerous substances. Should the Minister not have the power to seriously fine the companies concerned?
The Deputy is correct that I undertook on Committee Stage to examine this to see if there was a means of doing what he wanted. I do not disagree with the principle. I examined this carefully but all the advice is that it would be difficult to implement in this type of legislation for a range of reasons, particularly the difficulty in establishing the turnover of the company, the skills sets needed to ascertain that within timeframes and so on.
I also indicated having studied the possibilities relating to the percentage rule that the better approach would be to wait until the consolidation of the merchant shipping legislation is undertaken in the Department and then to apply severe penalties uniformly across the new statute. I have undertaken to do this. It would not be feasible or practical at this stage to go the route the Deputy has outlined. I agree with the principle underpinning the amendments. Severe fines should be in place for offences under this section but it is not possible to do that in the manner outlined by the Deputy.
I accept that but I hope the Minister will address this in the consolidation Bill. We in the Labour Party are determined to do this if we are in charge when that Bill is going through. I withdraw the amendment.
Amendment, by leave, withdrawn.
I move amendment No. 9:
In page 11, line 13, after "radio" to insert "and microwave video".
Since the last debate, I have received legal advice that the 1952 Act does not define "radio". Why can all maritime life not be immediately accessible by controllers on shore in order that people at least would know what is going on? Is there a problem with that? This also relates to a series of amendments.
No. The current legal provision is designed to be as flexible as possible and to cover all means of telecommunications, including all means of radio transmission. It is more helpful that the definition is so broad than trying to define every piece of equipment that might be useful in this area. The current definition is a benefit to the legislation, not a problem. The Deputy referred to a range of different systems on the last occasion we discussed this and it covers all of them.
Amendment, by leave, withdrawn.
Amendments Nos. 10 to 12, inclusive, not moved.
Amendments Nos. 14, 17, 18, 21, 22 and 98 are related to amendment No. 13 and they may be discussed together by agreement.
I move amendment No. 13:
In page 14, line 39, to delete "€500" and substitute "€5,000".
The amendment relates to District Court fines. Where there is reference to fines in the Bill I considered it useful to increase the level of fines to the District Court maximum, in this case I suggest increasing the fine from €500 to €5,000. I took a similar approach in the remaining amendments. It is similar to the case of the €100,000; we would allow for flexibility for the court to impose a reasonable fine where there are contraventions of the regulations being imposed by the Minister. Why should the fine not be increased from €500 to the maximum, €5,000, in section 11 and similarly in the other sections?
A general point in this regard is that the opportunity was taken to update fines in the Bill across a range of sections in the Merchant Shipping (Safety Convention) Act 1952, to which the Deputy referred. The advice I have received is that the fines on summary conviction have to be fair, reasonable and proportionate. On Committee Stage I indicated that account was taken of the relative proportion of the original fines. That has been carried right through in the sections as well. There is no point in attempting to put fines into a Bill that are not deemed to be fair, reasonable and proportionate because they will be struck down in court and will not have the effect all of us would desire. On that basis I ask the Deputy to withdraw the amendments.
I accept the point the Minister is making. However, the Parts of the 1952 Act that we are changing are significant, for example, and relate to someone putting to sea without proper authority or planning. I grant the Minister is updating legislation from more than half a century ago. I will withdraw the amendments on that basis.
Amendment, by leave, withdrawn.
Amendment No. 14 not moved.
Amendments Nos. 16 and 65 to 71, inclusive, are related to amendment No. 15 and they may be discussed together by agreement.
Bill recommitted in respect of amendments Nos. 15 and 16.
I move amendment No. 15:
In page 15, to delete lines 5 to 17 and substitute the following:
"(a) in the case of a passenger steamer, the owner or master of the steamer, without prejudice to any other remedy or penalty under the Merchant Shipping Acts commits an offence and is liable—
(i) on summary conviction, to a fine not exceeding €5,000, or
(ii) on conviction on indictment, to a fine not exceeding €100,000,".
Amendment No. 15 to section 11 is a consequential amendment — if tendering regulations are provided in Chapter 5 that I propose under amendments Nos. 65 to 71, it follows that an amendment is required to be made to the text of section 11 to exclude a reference to ‘tenders'. We are anticipating something that will occur later.
Deputy Broughan's amendment No. 16 relates to the same provision covered by my amendment No. 15. He proposes to introduce a new method of determining the maximum monetary penalty that a court could levy on conviction. I have already indicated that I do not propose to introduce this alternative method in the Bill but instead to consider the matter in the context of the consolidation of the merchant shipping legislation. I have given a commitment to the Deputy on that basis.
Chapter 5 relates to the tendering operation regulations. The amendment inserts Chapter 5 in Part 3 to provide for the safety regulations of tendering operations. An increased number of tendering operations, the movement of passengers by boat from ship to shore and return, are being carried out here each year and the purpose of the amendment is to provide for safety regulation of tendering operations.
Amendment No. 65 provides section 50 to give definitions for the terms used in Chapter 5. Amendment No. 66 provides section 51 to set out application of Chapter 5. The owner or master of a passenger ship or boat who proposes to undertake a tendering operation must apply to the Minister for a permit to undertake the operation. This step consists of submitting a tendering operations safety plan. Amendment No. 67 provides section 52, which is the key enabling provision, to allow the Minister to make tendering operations regulations and prescribe requirements for safe operation.
Amendment No. 68 provides section 53 to regulate for the issue of permits to tender. An operator is prohibited from carrying out tendering operations without having a permit to tender in force. Amendment No. 69 provides section 54 to impose duties on owners and masters of a ship or boat in respect of the carrying out of tendering operations. Amendment No. 70 provides section 55 to confer the enforcement powers on surveyors of ships to inspect any ship or boat including a tender or vessel's tender to check that a permit to tender is being complied with. Amendment No. 71 provides section 56 to set out the maximum monetary fines that the master or owner of a ship or boat are liable for if convicted in court for breach of the provisions in this chapter, tendering operation regulations or a permit to tender.
The effect of the three Labour Party amendments would be to require a court to determine matters. We have discussed the matter and there is no point in going over it again. It relates to the 10% annual turnover which we dealt with previously so I will not delay the House.
This is where the Bill gets very complicated because we are dealing with amendments to amendments. My first two amendments seek to impose a greater penalty, namely 10% of turnover. The new Part of the Bill introduced by the Minister on Report Stage, which is the tendering operation regulations, appears to be a major improvement in terms of the administration of the operations.
I have tabled an amendment to the new section 67. The Minister might have noticed that it is an amendment to amendment No. 67 on page 39 of the amendments. I also introduce the issue of the flag, which is the theme of my amendments. I do not see why the reference to the flag state is not included at that point for the reasons I outlined previously. I also tabled a number of amendments on pages 40 and 41, which again, relate to 10% of turnover. They reiterate the two main amendments I tried to insert, which I tried to do throughout the Bill.
Amendment agreed to.
Amendment No. 16 not moved.
Bill reported with amendment.
Amendments Nos. 17 to 30, inclusive, not moved.
Recommittal is necessary in respect of amendment No. 31 as it relates to the instruction to committee motion. Amendments Nos. 32 to 39, inclusive, are related. Amendments Nos. 31 to 39, inclusive, and any amendments thereto, will be discussed together.
Bill recommitted in respect of amendments Nos. 31 to 39, inclusive.
I move amendment No. 31:
In page 23, between lines 13 and 14, to insert the following:
"PART 3
RULES AND REGULATIONS FOR CERTAIN VESSELS
CHAPTER 1
Chemical Tanker Rules
16.—In this Chapter—
"accepted international certificate of fitness (IBC)" has the meaning assigned to it by section 19(8);
"chemical tanker rules" means rules under section 18;
"international certificate of fitness (IBC)" has the meaning assigned to it by section 19(1);
"dangerous chemicals" means any liquid chemicals designated as presenting a safety hazard, based on the safety criteria for assigning products in Chapter 17 of the IBC Code or as provided for in the chemical tanker rules;
"IBC Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the IMO by resolution MSC.4(48) and as amended by—
(a) such committee by Resolutions MSC.10(54), MSC.14(57), MSC.16(58), MSC.28(61), MSC.50(66), MSC.58(67), MSC.102(73), MSC.176(79) and MSC.219(82), and
(b) the Marine Environment Protection Committee of the IMO by Resolutions MEPC.19(22), MEPC.32(27), MEPC.40(29), MEPC.55(33), MEPC.69 (38), MEPC.73(39), MEPC.90(45) and MEPC.119(52);
"IMO" means the United Nations International Maritime Organisation;
"MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 1997;
"noxious liquid substances" means any substance indicated in the Pollution Category column of chapters 17 or 18 of the IBC Code, or provisionally assessed under the provisions of regulation 6.3 of Annex II to the MARPOL Convention, as falling into categories X, Y or Z or as may be prescribed by the Minister in the chemical tanker rules.".
This amendment inserts a new part, Part 3, headed "RULES AND REGULATIONS FOR CERTAIN VESSELS", into the Bill. The rules and regulations are set out in separate chapters, numbered from 1 to 7. Chapter 1 contains the chemical tanker rules. The legislation contains enabling provisions for the regulation and survey of Irish chemical tankers and the inspection and enforcement of the applicable SOLAS provisions for all chemical tankers engaged on international voyages. Ireland has two chemical tankers on its flag.
Amendment No. 31 provides section 16 to set out definitions of terms used in Chapter 1. Amendment No. 32 provides section 17 to set out the application of Chapter 1 and amendment No. 33 provides section 18. The latter is the key enabling provision to allow the Minister for Transport to make chemical tanker rules to prescribe structural, operational and survey requirements for chemical tankers.
With regard to the amendments proposed by the Labour Party, section 18, to be inserted by amendment No. 33, enables the Minister to make rules and regulations to prescribe the requirements for Irish chemical tankers, including survey requirements. The Minister has no power to prescribe survey requirements, as proposed by Deputy Broughan, in respect of all ships travelling and berthed in Irish waters. Other ships must be surveyed and given certification in their own state and our surveyors of ships can board and inspect any of these ships when berthed in an Irish port to check for certification and compliance. Ships that are not compliant may be detained until the matters are rectified. The point being made by the Deputy in his first amendment to amendment No. 33 is covered in the legislation as it stands.
The Deputy's second amendment to amendment No. 33 reads: "In subsection (3)(a), after “ships” to insert “including the requirement for double hulls”. SOLAS requirements regarding the construction of ships, including the requirement as to hulls, will be prescribed in the enabling regulations pertaining to section 18, and the requirement for double hulls or any other type is not a criterion that would be set out as an express requirement in the section that enables the categorisation of chemical tankers into classes. The term “configuration” in subsection (3)(a) covers the internal arrangements for a ship. This includes the hull type. I ask the Deputy to withdraw his amendment.
The Deputy's final amendment to amendment No. 33 is one on which he has been consistent. It seeks the insertion of "the flag under which the vessel is registered" as one of the matters to which regard must be had. The same requirements will apply to all vessels to which the section pertains, not just particular flags. The spirit of the amendment is covered.
Amendment No. 34 provides section 19 for the certification and endorsement of continued compliance. A chemical tanker is prohibited from going to sea without having the required certification of fitness. The SOLAS international certificate of fitness ceases to be in force if the survey and other specified requirements are not met and upon transfer of the ship to the flag of another state.
Amendment No. 35 provides section 20 to impose duties on owners and masters to have chemical tankers comply with the chemical tanker requirements.
Amendment No. 36 provides section 21, which provides for continued compliance with standards and prohibits unauthorised changes to the structures and equipment of the ship after it has been surveyed.
Amendment No. 37 provides section 22, which sets out requirements on transfer of an Irish ship to a flag of a state to which SOLAS applies. The Minister, if requested, must forward details of the previous certification and ship survey reports. If the chemical tanker transfers to our flag from another SOLAS state, we can request details of its certification of fitness and survey history.
Amendment No. 38 provides section 23, which confers enforcement powers on surveyors of ships to check for compliance with this chapter on chemical tanker rules through inspection of chemical tankers and the issue of notices of non-compliance. Amendment No. 39 provides section 24, which sets out the maximum monetary fines.
The three Labour Party amendments are consistent with what Deputy Broughan has said in the past on fines. Rather than delay the House, I refer him to my previous comments in this regard.
Amendment No. 1 to amendment No. 33 seeks that the construction rules for chemical tankers would apply to all ships in Irish waters. The Minister is saying every country should do its own thing. The problem with the flag states is that countries such as Mongolia will never see the ships under its flag. I do not understand the logic of the Minister. If we stop a ship, are we not effectively applying the rules to another flag? Why not provide that all ships in Irish waters must have these safeguards?
We had considerable debates on the double hull issue at different times with the Department responsible for marine affairs. We sought that there would be no more single-hulled tankers because of the kind of devastation now evident in the Gulf of Mexico, albeit for a different reason. Our proposal was to ensure disasters such as that pertaining to the Exxon Valdez could not happen again. The Minister is stating he will include a reference to double hulls in the rules. Why not just include in the regulation a stipulation that ships must have double hulls and that if they enter our vast waters without such a construction they will immediately be in danger under our legislation? This should be a sine qua non of running maritime affairs properly.
With regard to amendment No. 3 to amendment No. 33, I wanted a reference to "the flag" in respect of construction rules for all the types of vessels in question. I recall the effort of the great Tony Ayton in the last two parts of the debate to try to have spuriously flagged vessels, or vessels with flags of convenience, made amenable to the legislation of great maritime countries such as Ireland. I do not see why what I propose should not be included.
My amendments to amendment No. 39 relate to the offence pertaining to chemical carriage rules. The Minister should opt for an open-ended fine or 10% of annual turnover rather than €100,000. To be consistent, I propose that this be included throughout the Bill.
Amendment No. 31 is before the House. We are dealing with amendments Nos. 31 to 39, inclusive, and all amendments thereto. We are on Committee Stage again on this broad range of amendments so it is open to Deputies to contribute again.
I want to clarify the points raised by Deputy Broughan, who has genuine concerns. The reason all countries must be responsible for their own vessels is that we do not have the facilities to examine all the fleets around the world. I accept the point of the Deputy that some flags are somewhat dubious but the legislation is as set out because we do not have the manpower or other facilities to ensure every fleet around the world is in compliance. We are proposing here that chemical tankers which come into our waters should be safe. We have the right to go on board and inspect and we have the right if there is anything wrong to detain a vessel when it is in Irish waters. This is why that distinction is being made. I take the point the Deputy is making, but the best safeguard is that our scare resources would be used to look after affairs within Irish ports and in our own area.
The second point deserves some clarification as well in terms of why we are including "double hull" in the regulation rather than defining this in regulation. It is fairly simple and straightforward. We do not want to introduce primary legislation if, for instance, the rules and regulations were changed and it was a case of a triple hull or a different design or specification being inserted. In the event it is better to deal with that by way of regulation rather than primary legislation, so it is a matter of efficiency in that regard.
It is really fundamental for those types of vessels.
It is fundamental, and once the rule is there that it has to be "double hull", this has to be applied. There is no question of it not applying or people being able to get away with it because it is not in the law. It will be in the regulation, which as the Deputy appreciates, is secondary legislation. I just wanted to clarify those two points.
Amendment agreed to.
I move amendment No. 32:
In page 23, between lines 13 and 14, to insert the following:
"17.—This Chapter applies to—
(a) Irish ships to which Part B of Chapter VII of the Annex to the Safety Convention applies engaged in the carriage of bulk cargoes of dangerous chemicals or noxious liquid substances other than petroleum or similar flammable products, and
(b) to any other ship to which such Part of that Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.”.
Amendment agreed to.
I move amendment No. 33:
In page 23, between lines 13 and 14, to insert the following:
"18.—(1) The Minister may, in relation to any ships to which this Chapter applies, make rules ("chemical tanker rules")—
(a) prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships,
(b) regulating repairs, alterations, modifications and outfitting relating thereto, and
(c) requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.
(2) Without prejudice to subsection (1) chemical tanker rules may include requirements for all or any of the following matters—
(a) ship survival capability and location of cargo tanks,
(b) ship arrangement,
(c) cargo containment,
(d) cargo transfer,
(e) materials of construction, protective linings and coatings,
(f) cargo temperature control,
(g) cargo tank venting and gas-freeing arrangements,
(h) environmental control,
(i) electrical installations,
(j) fire protection and fire extinction,
(k) mechanical ventilation in the cargo area,
(l) instrumentation,
(m) personnel protection,
(n) special requirements and operational requirements, including training of on-board personnel,
(o) specification of carriage requirements for the carriage of particular products to which the IBC Code does not apply which may pose safety and pollution hazards where it is considered by the Minister that some safety precautions may be appropriate, and
(p) notification of accidents or defects.
(3) In making chemical tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—
(a) the size, or configuration of such ships,
(b) the service for which such ships are to be employed,
(c) the nature and duration of voyages to be undertaken,
(d) the type of cargo carried including the severity of the environmental and safety hazards involved,
(e) the age and date of construction of ships, and
(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4) Different chemical tanker rules may be made for the carriage of bulk cargoes of different dangerous chemicals or noxious liquid substances carried by different classes of ships for different circumstances and for different areas of operation.
(5) Chemical tanker rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IBC Code, in relation to the carriage of bulk cargoes of dangerous chemicals or noxious liquids.
(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.
(7) (a) Subject to paragraph (b), where the chemical tanker rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules.
(b) Paragraph (a) does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the chemical tanker rules.”.
I move amendment No. 1 to amendment No. 33:
In subsection (1)(c), in the first line after “ships” where it secondly occurs, to insert “or ships travelling or berthed in Irish waters”.
Amendment put and declared lost.
I move amendment No. 2 to amendment No. 33:
In subsection (3)(a), after “ships” to insert “including the requirement for double hulls”.
Amendment put and declared lost.
I move amendment No. 3 to amendment No. 33:
"(g) the flag under which the vessel is registered.”.
Amendment put and declared lost.
Amendment No. 33 agreed to.
I move amendment No. 34:
In page 23, between lines 13 and 14, to insert the following:
"19.—(1) (a) Where after a declaration of survey, made by a surveyor of ships under the chemical tanker rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—
(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1) of the Act of 1966, or
(ii) a cargo ship safety certificate under section 13(1) of this Act, is in force in respect of the ship, he or she shall issue, in respect of the ship, an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (“international certificate of fitness (IBC)”), in the form prescribed by the Minister in the chemical tanker rules.
(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.
(2) An Irish ship in respect of which an international certificate of fitness (IBC) is in force shall be subject to such further surveys as are provided for under the chemical tanker rules to ensure that the ship continues to comply with the requirements of such rules.
(3) Where following a survey referred to in subsection (2), the Minister is satisfied that the ship continues to comply with the requirements of the chemical tanker rules, he or she shall endorse the international certificate of fitness (IBC) to that effect.
(4) Subject to subsections (5) and (6), an international certificate of fitness shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it. The certificate may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the chemical tanker rules applicable to it.
(5) The Minister may extend the period for which an international certificate of fitness (IBC) under this Chapter may be in force, to a period not exceeding 5 years and 5 months as may be prescribed in the chemical tanker rules.
(6) An international certificate of fitness (IBC) ceases to be in force—
(a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the chemical tanker rules or as required under section 21(2)(b),
(b) if the certificate is not endorsed under subsection (3),
(c) upon transfer of the ship to the flag of another state, or
(d) upon any unapproved change to the ship referred to in section 21(1).
(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IBC) as they apply to a certificate the issue of which is authorised under that Act.
(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IBC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under the Safety Convention, in respect of a ship to which this Chapter applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IBC) shall be referred to as an accepted international certificate of fitness (IBC).
(9) (a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it.
(b) A ship which proceeds or attempts to proceed to sea without an international certificate of fitness (IBC) for the time being in force in respect of it in contravention of paragraph (a) shall be regarded as an unsafe ship for the purposes of Chapter 7.
(10) The reference to an international certificate of fitness (IBC) in subsection (9) and in sections 20(4) and 24(2)(a) and (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IBC).
(11) The Minister may authorise on his or her behalf a person to issue, endorse, cancel or extend an international certificate of fitness (IBC).".
Amendment agreed to.
I move amendment No. 35:
In page 23, between lines 13 and 14, to insert the following:
"20.—(1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) to ensure that it complies with the chemical tanker rules, and
(b) to maintain such ship in conformity with the chemical tanker rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) before the ship is put into service,
(b) before the international certificate of fitness (IBC) is issued in its respect for the first time, and
(c) before the ship continues in service after the expiration of its international certificate of fitness (IBC),
to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for such purpose, in accordance with the chemical tanker rules.
(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have the ship surveyed under section 19(2) or section 21(2)(b), where required.
(4) It is the duty of the master and owner of a ship to which this Chapter applies to ensure that an international certificate of fitness (IBC) for the time being in force in respect of the ship is available on board for examination at all times.
(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this Chapter applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the chemical tanker rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.
(b) In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.”.
Amendment agreed to.
I move amendment No. 36:
In page 23, between lines 13 and 14, to insert the following:
"21.—(1) No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under the chemical tanker rules, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.
(2) Following receipt of a report referred to in section 20(5)(a) the Chief Surveyor or other surveyor of ships notified shall—
(a) if the ship being an Irish ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and
(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the chemical tanker rules.”.
Amendment agreed to.
I move amendment No. 37:
In page 23, between lines 13 and 14, to insert the following:
"22.—In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a state to which the Safety Convention applies, being a party also to the MARPOL Convention, the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such state, a copy of the international certificate of fitness (IBC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports.".
Amendment agreed to.
I move amendment No. 38:
In page 23, between lines 13 and 14, to insert the following:
"23.—(1) A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the chemical tanker rules.
(2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the chemical tanker rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.
(4) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.".
Amendment agreed to.
I move amendment No. 39:
In page 23, between lines 13 and 14, to insert the following:
"24.—(1) If an owner or master of a Irish ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 20 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €100,000.
(2) In the case of a ship to which this Chapter applies—
(a) an international certificate of fitness (IBC) for the time being in force in respect of the ship is not available on board for examination as required under section 20(4),
(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 20(5)(a) or (b), or
(c) the ship proceeds or attempts to proceed to sea—
(i) without an international certificate of fitness (IBC) for the time being in force in respect of the ship in contravention of section 19(9)(a),
or
(ii) being regarded as an unsafe ship under section 19(9)(b), in contravention of a notice of detention under section 66,
then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—
(i) in the case of an offence under paragraph (a) or (b), on summary conviction, to a fine not exceeding €5,000, and
(ii) in the case of an offence under paragraph (c), on summary conviction—
(I) to a fine not exceeding €5,000, or
(II) on conviction on indictment, to a fine not exceeding €100,000.
(3) If a ship, in respect of which a notice has been given to its owner or master under section 23(2) which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may be) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €100,000.”.
Amendments Nos. 1 to 3, inclusive, to amendment No. 39 not moved.
Amendment No. 39 agreed to.
Bill reported with amendments.
Recommital is necessary in respect of amendments Nos. 40 to 48, inclusive, which are related and will be discussed together. Is that agreed? Agreed.
Bill recommitted in respect of amendments Nos. 40 to 48, inclusive.
I move amendment No. 40:
In page 23, between lines 13 and 14, to insert the following:
"CHAPTER 2
Liquefied Gas Carriage Rules
25.—In this Chapter—
"accepted international certificate of fitness (IGC)" has the meaning assigned to it by s ection 28(8);
"international certificate of fitness (IGC)" has the meaning assigned to it by section 28(1)(a);
"liquefied gas" means any liquefied gases having a vapour pressure exceeding 2.8 bar absolute at a temperature of 37.8Oc and certain other substances as shown in Chapter 19 of the IGC Code, when carried in bulk or as may be prescribed by the Minister in the liquefied gas carriage rules;
"liquefied gas carriage rules" means rules under section 27,
"IGC Code" means the International Code for the Construction and Equipment of Ships carrying Liquefied Gases in Bulk adopted by the Maritime Safety Committee of the IMO by Resolution MSC.5(48) and as amended by such Committee by Resolutions MSC.17(58), MSC.30(61), MSC.32(63), MSC.59(67), MSC.103(73), MSC.177(79) and MSC.220(82);
"IMO" means the United Nations International Maritime Organisation.".
This particular amendment is similar to the others in respect of chemical tankers and tenderings. This one deals, however, with liquefied gas carriage rules. It inserts Chapter 2 to provide enabling provisions for the regulation and survey of Irish gas carriers and the inspection and enforcement of the applicable SOLAS provisions for gas carriers engaged in international voyages. We have no gas carriers on our flag at present. Amendment No. 40 provides section 25 to set out the definitions for the terms used in the chapter.
Amendment No. 41 provides section 26 to set out the application of Chapter 2. Amendment No. 42 provides section 27, which again is the key enabling provision to allow the Minister for Transport to make gas carrier rules to prescribe structural, operational and survey requirements for gas carriers.
Amendment No. 43 provides section 28 for certification and endorsement of continued compliance. A gas carrier is prohibited from going to sea without having the required certificate of fitness and the SOLAS international certificate of fitness ceases to be enforced if the survey and other specified requirements are not met, and also in the transfer of the ship to another state.
Amendment No. 44 provides section 29 to impose duties on owners and masters to have a gas carrier comply with the requirements in respect of gas carriage rules.
Amendment No. 45 provides section 30 to require continued compliance with standards and prohibit unauthorised changes to the structure and equipment of the gas carrier ship after it has been surveyed.
Amendment No. 46 provides section 31 to set out requirements on transfer of an Irish gas carrier ship to a flag of a state to which SOLAS applies. The Minister, if requested, must forward details of the previous certification and survey reports. If a gas carrier transfers to our flag from another SOLAS state we can request details of its certification of fitness and its history. Amendment No. 47 provides section 32 to confer enforcement powers on surveyors of ships to check for compliance with this chapter in gas carrier rules through inspection of gas carriers and the issue of notices of non-compliance. Amendment No. 48 provides section 33 to set out the maximum monetary fines that the master or owner of a ship is liable for if convicted in a court of a breach of specified statutory requirements.
Obviously I welcome Chapter 2, the series of amendments Nos. 40 to 48, inclusive, on liquefied gas carriage. I sought, as with the chemical carriers, to insert a number of amendments, which again would have opened up the maximum fine. These are amendments Nos. 1 to 3, inclusive, to amendment No. 42, which would have opened up the possibility of a find equivalent to 10% of turnover. It is the same argument I made before.
I have introduced similar amendments with regard to the requirements for double-hulled vessels and the construction rules for ships travelling through or berthed in Irish waters, and also on the subject of flags.
On the previous Stage I asked the Minister about the IGC code for the construction and equipment of ships carrying liquefied gases in bulk, to which he referred in passing. I may have mentioned this with regard to chemical tankers also. What is the situation when a ship is transferred to a flag of convenience, for example? Is it possible that, despite SOLAS, ships will be travelling around the globe and through our extensive waters without IGC certificates? The Minister is saying he will track this.
The Minister told us during the previous Report Stage discussion that 65 or perhaps 70 ships were carrying the Irish flag. What is the update on the Irish Maritime Development Office? He stated that we had chemical carriers but that so far we do not have liquefied natural gas carriers. These are issues in which the public is interested. The Oireachtas Joint Committee on Transport is always asking the Irish Maritime Development Office to come before it to provide updates, because there was much interest, under the previous Department, in the work of that development office and the number of ships — for example, Italian ships — that were being re-flagged to Dublin or Cork.
How does the IGC code apply in respect of amendments Nos. 40 to 48?
The Deputy asked about ships transferring to flags of convenience. If a ship is transferring from an Irish flag, its certificate lapses automatically and the new flag state must supply a certificate. SOLAS is an international agreement involving much co-operation between countries. Ships which try to escape compliance with the codes are tracked by various states with the co-operation of other countries.
At the moment, Ireland has 30 internationally trading merchant ships with a gross tonnage, GT, of more than 500. These are mainly general cargo ships but there are a number of feeder container ships. There are two small chemical oil tankers, a research ship and a lighthouse tender ship. There are no internationally trading passenger ships with a GT of between 300 and 500 flying the Irish flag. There are a number of ships, but most of these operate domestically. As I mentioned earlier, there are no internationally trading oil tankers in the 150-500 GT size category. As well as merchant ships, there are 100 domestic passenger ships ranging in size from 12 to 300 passengers — these are the island ferries, sightseeing vessels and so on.
We have 55 fishing vessels of length greater than 24 m and 220 fishing vessels between 15 m and 24 m. These are currently being entered into the new survey safety certification regime, into which all vessels must be entered by 1 October. There are about 1,500 small fishing vessels of less than 15 m on the register. In addition, there are several thousand recreational craft which are technically Irish ships. Recreational craft with a net tonnage of more than 15 are not required to be registered when they operate within the State or the UK. Any recreational craft owned by an Irish citizen or body corporate which sails beyond Ireland or the UK must be registered with an Irish flag.
The Deputy asked about flags of convenience. This phrase does not actually refer to a formally recognised system. There are officially recognised systems in both the EU and the international organisations for identifying the high-risk ships mentioned by the Deputy. As the Deputy will recall, there are black, grey and white lists of flag states which are published under the Paris memorandum of understanding. The lists are published on a website and are used by safety inspectors to target various ships visiting Irish and European ports. Details of the inspections and detentions carried out under the port state control regime are published on the Department's website. The Deputy made a point about people trying to escape compliance with the codes. Much information is made public and shared by the various signatories to the memorandum and more generally under the SOLAS provisions. Thus, there is no easy escape for them.
The Deputy mentioned that the Joint Committee on Transport wished to invite representatives of the Irish Maritime Development Office to appear before the committee. I am not sure whether he said it was having difficulty with this——
No; it is just that we have not got around to it.
I am sure they will be more than willing to appear before the committee.
Yes. In the previous Dáil, when there was a Department with responsibility for the marine under Deputy Dempsey, there were interesting developments in the IMDO, but from what the Deputy just read out, nothing much has changed in the last couple of years. This may have to do with fiscal rules and so on.
With regard to flags of convenience, from my own viewpoint and that of the labour movement, the situation is clear. Many reports have been done by SIPTU and by the International Transport Workers' Federation, and we clearly know which are flags of convenience and which are genuine flags. All Governments have shied away from addressing this issue. The British Government came closest to having a go at it when Mr. Prescott, a former mariner, was the Deputy Prime Minister, but we have not yet remotely come to grips with the issue. It is clearly an issue of concern. All we need is one major disaster and serious questions will be asked about this legislation, just as we are asking about financial regulation at the moment. I appeal to the Minister to adopt these amendments.
Amendment agreed to.
I move amendment No. 41:
In page 23, between lines 13 and 14, to insert the following:
"26.—This Chapter applies to—
(a) Irish ships to which Part C of Chapter VII of the Annex to the Safety Convention applies, engaged in the carriage of cargoes of liquefied gases in bulk, and
(b) to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless it would not have been in such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.”.
Amendment agreed to.
I move amendment No. 42:
In page 23, between lines 13 and 14, to insert the following:
"27.—(1) The Minister may, in relation to any ships to which this Chapter applies, make rules ("liquefied gas carriage rules")—
(a) prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships,
(b) regulating repairs, alterations, modifications and outfitting relating thereto, and
(c) requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.
(2) Without prejudice to subsection (1) liquefied gas carriage rules may include requirements for all or any of the following matters—
(a) ship survival capability and location of cargo tanks,
(b) ship arrangement,
(c) cargo containment,
(d) process pressure vessels and liquid, vapour, and pressure piping systems,
(e) materials of construction,
(f) cargo pressure and temperature control,
(g) cargo tank vent systems,
(h) environmental control,
(i) electrical installations,
(j) fire protection and fire extinction,
(k) mechanical ventilation in the cargo area,
(l) instrumentation (gauging and gas detection),
(m) personnel protection,
(n) filling limits for cargo tanks,
(o) use of cargo as fuel,
(p) requirements for the carriage of particular cargoes,
(q) operating requirements including cargo information, compatibility of cargo to be carried, personnel training, entry into spaces, carriage of cargo at low temperatures, protection equipment, cargo emergency shutdown and alarm systems and cargo transfer operations, and
(r) notification of accidents or defects.
(3) In making liquefied gas tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—
(a) the size, or configuration of such ships,
(b) the service for which such ships are to be employed,
(c) the nature and duration of voyages to be undertaken,
(d) the type of cargo carried including the severity of the environmental and safety hazards involved,
(e) the age and date of construction of ships, and
(f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4) Different liquefied gas carriage rules may be made for the carriage of bulk cargoes of different liquefied gases carried by different classes of ships for different circumstances and for different areas of operation.
(5) Liquefied gas carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IGC Code, in relation to the carriage of bulk cargoes of liquefied gases.
(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.
(7) (a) Subject to paragraph (b), where the liquefied gas carriage rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules.
(b) Paragraph (a) does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the liquefied gas carriage rules.”.
Amendments Nos. 1 to 3, inclusive, to amendment No. 42 not moved.
Amendment No. 42 agreed to.
I move amendment No. 43:
In page 23, between lines 13 and 14, to insert the following:
"28.—(1) (a) Where after a declaration of survey, made by a surveyor of ships under the liquefied gas carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with such rules as are relevant to the ship and provided, where relevant—
(i) a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1)(a) of the Act of 1966, or
(ii) a cargo ship safety certificate under section 13(1) of this Act, is in force in respect of the ship, he or she shall issue, in respect of such ship, an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk (“international certificate of fitness (IGC)”), in the form prescribed by the Minister in the liquefied gas carriage rules.
(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.
(2) An Irish ship in respect of which an international certificate of fitness (IGC) is in force shall be subject to such further surveys as are provided for under the liquefied gas carriage rules to ensure that the ship continues to comply with the requirements of those rules.
(3) Where following a survey referred to in subsection (1), the Minister is satisfied that the ship continues to comply with the requirements of the liquefied gas carriage rules, he or she shall endorse the international certificate of fitness (IGC) to that effect.
(4) Subject to subsections (5) and (6), an international certificate of fitness (IGC) shall be in force for a period not exceeding 5 years or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the liquefied gas carriage rules applicable to it.
(5) The Minister may extend the period for which an international certificate of fitness (IGC) may be in force to a period not exceeding 5 years and 5 months as may be prescribed in the liquefied gas carriage rules.
(6) An international certificate of fitness (IGC) ceases to be in force—
(a) if any relevant survey of the ship has not been completed within the periods specified for such survey as prescribed by the liquefied gas carriage rules or as required under section 30(2)(b)**,
(b) if the certificate is not endorsed under subsection (3),
(c) upon transfer of the ship to the flag of another state, or
(d) upon any unapproved change to the ship referred to in section 30(1)**.
(7) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (IGC) as they apply to a certificate the issue of which is authorised under that Act.
(8) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (IGC) as it applies to a certificate issued under that Act and an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued by the government of another country, other than the State, to which the Safety Convention applies, under such Safety Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as an international certificate of fitness (IGC) shall be referred to as an accepted international certificate of fitness (IGC).
(9) (a) A ship to which this Chapter applies must not proceed or attempt to proceed to sea without an international certificate of fitness (IGC) for the time being in force in respect of the ship.
(b) If a ship to which this Chapter applies proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of paragraph (a) it shall be regarded as an unsafe ship for the purposes of Chapter 7***.
(10) The reference to an international certificate of fitness (IGC) in subsection (9) and in section 29(4)**** and 33(2)(a)***** and (c)***** shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (IGC).
(11) The Minister may authorise on his or her behalf any person for the purpose of issuing, endorsing, cancelling or extending an international certificate of fitness (IGC).".
Amendment agreed to.
I move amendment No. 44:
In page 23, between lines 13 and 14, to insert the following:
"29.—(1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) to ensure that it complies with the liquefied gas carriage rules, and
(b) to maintain such ship in conformity with the liquefied gas carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) before the ship is put into service,
(b) before the international certificate of fitness (IGC) is issued in its respect for the first time, and
(c) before the ship continues in service following the expiration of its international certificate of fitness (IGC),
to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the liquefied gas carriage rules.
(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 28(2)** or section 30(2)(b)***, where required.
(4) It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (IGC) for the time being in force in respect of the ship is available on board for examination at all times.
(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an accident occurs to an Irish ship to which this section applies, or a defect to such ship is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment required by the liquefied gas carriage rules the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor of ships in the Marine Survey Office, Department of Transport.
(b) In case the ship is in a port of a state to which the Safety Convention applies other than the State, the master or owner must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.”.
Amendment agreed to.
I move amendment No. 45:
In page 23, between lines 13 and 14, to insert the following:
"30.—(1) No change shall be made in the structure, equipment, fittings, arrangements and material covered by a survey under liquefied gas carriage rules made under this Chapter, other than by direct replacement, without the approval of the Minister or a person authorised by him or her for such purpose.
(2) Following receipt of a report referred to in section 29(5)(a)** the Chief Surveyor or other surveyor of ships notified must—
(a) if the ship is in the jurisdiction of another state to which the Convention applies, ensure that the matter is reported by the master or owner of the ship to the appropriate authorities of the government of that state, and
(b) arrange for any additional survey which in his or her opinion may be required in the circumstances under the liquefied gas carriage rules.”.
Amendment agreed to.
I move amendment No. 46:
In page 23, between lines 13 and 14, to insert the following:
"31.—In the case of a transfer of an Irish ship to which this Chapter applies to the flag of a country to which the Safety Convention applies the Minister shall, if requested within 3 months of such transfer, transmit, as soon as possible, to the appropriate authorities of the government of such country, a copy of the certificate of fitness (IGC) applicable to the ship before the transfer and, if available, copies of the relevant survey reports.".
Amendment agreed to.
I move amendment No. 47:
In page 23, between lines 13 and 14, to insert the following:
"32.—(1) A surveyor of ships may board and inspect any ship to which this Chapter applies for the purpose of seeing that it complies with this Chapter and the liquefied gas carriage rules.
(2) If a surveyor of ships finds that a ship fails to comply with any provisions of this Chapter or the liquefied gas carriage rules he or she shall give a notice in writing to the owner or master stating in what respect the ship fails to comply with them.
(3) A surveyor of ships may board and inspect any ship for the purposes of seeing that a notice given under subsection (2) has been complied with.
(4) A surveyor of ships may for the purposes of an inspection make such tests (either on the ship or ashore or at dock), ask such questions, inspect such documents or records and have access to such parts of the ship as he or she considers appropriate for that purpose.".
Amendment agreed to.
I move amendment No. 48:
In page 23, between lines 13 and 14, to insert the following:
"33.—(1) If an owner or master of a ship to which this Chapter applies fails to comply with the duties required of him or her under section 29 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €100,000.
(2) In the case of a ship to which this Chapter applies—
(a) an international certificate of fitness (IGC) for the time being in force in respect of the ship is not available on board for examination in contravention of section 29(4),
(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 29(5)(a) or (b), or
(c) the ship proceeds or attempts to proceed to sea—
(i) without an international certificate of fitness (IGC) for the time being in force in respect of the ship in contravention of section 28(9)(a), or
(ii) being regarded as an unsafe ship under section 28(9)(b), in contravention of a notice of detention under section 66,
then the owner of the ship (if in fault) and the master of the ship (if in fault) commits an offence and is liable—
(i) in the case of an offence under paragraph (a) or (b), on summary conviction, to a fine not exceeding €5,000, and
(ii) in the case of an offence under paragraph (c)—
(I) on summary conviction, to a fine not exceeding €5,000, or
(II) on conviction on indictment, to a fine not exceeding €100,000.
(3) If a ship, in respect of which a notice has been given to its owner or master under section 32(2) which requires compliance with the rules in accordance with the notice before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the owner or master (as the case may be) commits an offence and is liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €100,000.”.
Amendments Nos. 1 to 3, inclusive, to amendment No. 48 not moved.
Amendment agreed to.
Bill reported with amendments.
Recommittal will be necessary for amendment No. 49. Amendments Nos. 50 to 56, inclusive, are related. Amendments No. 49 to 56, inclusive, and any amendments thereto may be discussed together by agreement.
Bill recommitted in respect of amendments No. 49 to 56, inclusive.
I move amendment No. 49:
In page 23, between lines 13 and 14, to insert the following:
"CHAPTER 3
Nuclear Carriage Rules
34.—In this Chapter—
"accepted international certificate of fitness (INF)" has the meaning assigned to it by section 37(7)(b),
"international certificate of fitness (INF)" has the meaning assigned to it by section 37(1)(a);
"high-level radioactive wastes" means liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stage, in a facility for reprocessing irradiated nuclear fuel, or solids into which such liquid wastes have been converted;
"IMO" means the United Nations International Maritime Organisation;
"incident" means any occurrence or series of occurrences, including loss of container integrity, having the same origin which results or may result in a cargo release (through escape from its containment system or the loss of a cargo package), or probable cargo release of packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes;
"INF Code" means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, adopted by the Maritime Safety Committee of the IMO by Resolution MSC. 88(71) and as amended by such committee by Resolutions MSC.118(74), MSC.135 (76) and MSC.178(79);
"nuclear cargo" means packaged irradiated nuclear fuel, plutonium or high-level radioactive wastes carried as cargo;
"plutonium" means the resultant mixture of isotopes of that material extracted from irradiated nuclear fuel from reprocessing;
"irradiated nuclear fuel" means material containing uranium, thorium and/or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction.".
These amendments introduce Chapter 3, which is similar to previous chapters and deals with nuclear carriage. The intention of the Chapter is to introduce enabling provisions for regulation and survey of Irish nuclear carriers and the inspection and enforcement of the applicable SOLAS provisions for all nuclear carriers engaged in international voyages. We do not have a nuclear carrier under our flag at present. The amendment will provide a legislative basis in our national law for the implementation of SOLAS provisions on the carriage of nuclear cargo. In response to concerns raised by Deputy Broughan, it does not represent any intention to engage in such an activity on Irish ships.
Amendment No. 49 provides for section 34, which sets out definitions. Amendment No. 50 provides for section 35, which sets out the application of Chapter 3.
Amendment No. 51 provides for section 36, which enables the Minister for Transport to formulate the nuclear carriage rules and prescribe structural operational and survey requirements for Irish ships engaged or intending to engage in the carriage of nuclear cargo. Amendment No. 52 provides for section 37, which prescribes the certification requirements for nuclear carriers. Such vessels are prohibited from going to sea without the required certification. The SOLAS international certificate of fitness ceases to be in force if survey and other specified requirements are not met or on transfer of the ship to another state.
Amendment No. 53 provides for section 38, which imposes duties on owners and masters to ensure their ships comply with the statutory requirements in respect of the carriage of nuclear cargo. Amendment No. 54 provides for section 39, which requires continued compliance with standards and prohibits the making of any unauthorised change to an Irish ship once it has been surveyed.
Amendment No. 55 provides for section 40, which confers enforcement powers on the surveyors of ships to check for compliance with this Chapter and nuclear carriage rules through the inspection of ships and the issuance of notices of non-compliance. Amendment No. 56 provides for section 41, which sets out the maximum monetary fines for which the master or owner of a ship is liable if convicted in court of a breach of a specified requirement for the carriage of nuclear cargo.
The amendments proposed by Deputy Broughan were discussed previously and my earlier comments would apply to them.
The rules governing the construction and passage of nuclear carriers are of great interest to many people. What rules apply at present under international maritime law and the treaties to which we subscribe? The biggest stocks of plutonium and uranium in the world are located in Sellafield, just across the Irish Sea from County Louth. Can the Minister assure us that ships which carry lethal spent nuclear fuels are not travelling through Irish waters?
A number of issues have arisen in recent decades. On one occasion, we sought clarification from the International Atomic Energy Agency on the movement of nuclear waste through our waters. There were also sagas involving old ships that had been irradiated and were sailing to the east coast of the UK for breakage. The previous Minister for Transport, Mr. Cullen, reassured people about incidents which arose in 2002 and 2004.
How does the international code for the safe carriage of packaged irradiated fuel, plutonium and high level radioactive waste on board ships apply to flag states? Section 37 refers to ships carrying waste as being unsafe vessels but the new rules being introduced would allow their passage through our waters. It is a conundrum. The Minister argues that we are applying international conventions but is it in our interest to align ourselves with international practice?
My amendments Nos. 1 and 2 to amendment No. 51 deal with the structure of double hulls and flag states, respectively. The most unsafe vessels of all are registered in flag states. We need reassurance on these points.
My amendment No. 1 to amendment No. 53 provides that the rules governing nuclear carriage shall apply to all vessels in Irish waters. Amendment No. 2 to amendment No. 53 provides that owners and masters have a clear duty to fulfil these rules where their ships enter our waters.
This is an extraordinary and difficult Bill and this new section is bigger than the original. It is a messy way to legislate and I do not know why these matters were not included in the original legislation.
I have provided for fines of 10% of turnover in regard to nuclear carriage violations because we would be dealing with very wealthy companies. I accept that we are subscribing to international conventions but I have grave concerns about unsafe ships passing through our waters.
I share Deputy Broughan's concerns. The vast majority of Irish people are not happy with the transport of nuclear materials anywhere near this country. There was a famous incident some years ago when nuclear waste was being transported to Sellafield where the then Minister for Foreign Affairs, Deputy Dermot Ahern, sent out Air Corps spotter planes to have a look at what was going on.
I fully accept the issue of the context of the ship in which such materials are being carried. However, if there is an accident or an incident involving any of these ships, either in international waters close to us or in Irish waters, the key point of which people would be concerned is the capacity to respond if they would be allowed in. The Minister stated there is no present Irish carrier but if such a ship were to enter our waters, there are serious issues that could arise in terms of an accident on that ship such as a fire or a leakage of nuclear material. Notwithstanding the 1 million to one chance of that happening, I suppose one could argue that the attack on the Twin Towers in New York on 11 September 2001 was a 1 billion to one chance but it still happened. Therefore, we must look at the issue of how an accident or incident would affect the capacity of this country to respond. Theoretically, it could have long-term implications for our fishing industry at the very least. No doubt the Minister would not have a problem with the regulations having to take due cognisance of and regard to that potential possibility, remote as it may be. Whatever rules and regulations the Minister would make would no doubt be of international standard and should be the most stringent possible.
The other issue that arises hypothetically is that in the future Government policy may change. There is an increasing nuclear lobby in this country and there are signs of it everywhere. People in my constituency — it is a cross-party view in County Louth — are very much opposed to a nuclear plant being built in Ireland. If, however, that were the case, it would involve delivery of nuclear materials which presently are not delivered to this State. I refer to what might happen down the line, in five, ten or 15 years or whatever. I would ask the Minister to reflect on those issues in his response. There has been a consensus in this Parliament for many years, both in Government and Opposition, that we would not welcome the nuclear industry here. We have stronger legislation than we ever had in that regard. It is not the Minister's intention in this legislation that the position will change. Nevertheless, the fact that he is talking about making rules down the road could have implications if that were to happen.
Those are the two issues. The first relates to the terms of an incident or accident. The second is the hypothetical question, if there were a nuclear industry here, notwithstanding Deputy Dempsey's opposition to it, of what extra special, if any, safeguards would be built in.
I reiterate to both Deputies that this legislation cannot control movement of nuclear cargo ships. That is not the purpose of the legislation. Whether we in this country like the prospects of having nuclear power, nuclear energy or any kind of nuclear vessels in the area or not — we generally do not — we still must legislate for the fact that there are such vessels which may come into Irish waters at various times. Notwithstanding the concerns the Deputies expressed which I share, the Bill strengthens the position on inspection and compliance with international standards, etc., to ensure that the vessels in which any of this nuclear material may be carried, as cargo or even used as a source of power, will be as safe as possible and safe to the highest international standards. That is what this legislation is about. I am satisfied that the legislation goes as far as it possibly can and it adopts all of the international criteria, practices, etc. From that point of view, I make that general point. Of course, it would be better if no ships carrying any kind of nuclear cargo came anywhere near the country. I accept what the Deputy has said.
On the general question of an accident or anything else that might arise from ships or cargo, as has been happening in different areas, the emergency task force or committee would be convened. It is laid out in the various Departments' websites. Depending on the crisis, the relevant Department would lead in that regard. In this case, the Department of the Environment, Heritage and Local Government has drawn up a plan about nuclear fallout. In the case of the volcanic ash, as we saw the Department of Transport dealt with it. The weather crisis was dealt with by the Department of the Environment, Heritage and Local Government.
In the event of a crisis, the emergency task force or committee would be convened and all Departments relevant to the issue would be——
They would want to do it faster than they did at Christmas with the ice and snow.
The only crisis that arose there was the crisis on the Wednesday when it occurred in Dublin, as I told Deputy Broughan. The people around the country were dealing with it quite adequately up to that point in time.
Deputy O'Dowd asked about an incident or accident, and what criteria would be put in place if at some stage in the future we had a nuclear industry in Ireland. That is something that would have to be considered. It is hypothetical, as the Deputy stated. I cannot answer his question because people would need to know what exactly we were talking about, whether it was an industry, a power station or whatever. However, all of that would have to be dealt with the IEA, EISs, etc., during the course of the planning process.
The Minister was a Minister for the Environment and the Leas-Cheann Comhairle was a distinguished Minister for the Environment.
Am I not distinguished as well?
Deputy Howlin certainly was.
People who create waste should deal with the waste. We had this discussion in the energy area as well on the matter of creating the energy base load which we must have to protect our country and our people. Obviously, there has been a debate.
People would ask why drag spent plutoniam rods or whatever around the world by sea. The basic point of the Labour Party amendments is that there are 300,000 square miles which the Marine Institute is always telling us are our seas, we have a guardianship role for those seas and we should begin to take that seriously. Some 0.5 million square kilometres of ocean is our ocean to protect, to look after and to defend and my amendments seek to do that. First and foremost we should take responsibility so that whoever comes into it is answerable to us. That is why I will press some of these amendments.
Amendment agreed to.
I move amendment No. 50:
In page 23, between lines 13 and 14, to insert the following:
"35.—This Chapter applies to—
(a) Irish ships to which Part D of Chapter VII of the Annex to the Safety Convention applies, engaged or intending to be engaged, in the carriage of nuclear cargo, and
(b) to any other ship to which such Part of such Chapter applies, engaged in such carriage while in any port in the State, unless the ship would not have been in any such port but for stress of weather or any other circumstance that neither the master nor the owner of the ship could have prevented or forestalled.”.
Amendment agreed to.
Amendment No. 51 has already been discussed with amendment No. 49. There are two amendments to amendment No. 51.
I move amendment No. 51:
In page 23, between lines 13 and 14, to insert the following:
"36.—(1) The Minister may make rules ("nuclear carriage rules") prescribing requirements for the carriage by ships to which this Chapter applies of nuclear cargo, and requiring any such ships which are Irish ships to be surveyed to such extent and in such manner and at such intervals, as may be prescribed.
(2) Without prejudice to subsection (1) nuclear carriage rules may include requirements for all or any of the following matters—
(a) damage stability,
(b) fire safety measures,
(c) temperature control of cargo spaces,
(d) structural considerations,
(e) cargo securing arrangements,
(f) electrical power supply,
(g) radiological protection,
(h) management and training,
(i) shipboard emergency plan,
(j) notification of an incident involving ships’ cargoes to which the nuclear carriage rules apply,
(k) on-board documentation of cargo to which the nuclear carriage rules apply, and
(l) emergency response and medical first aid relevant to incidents involving nuclear cargo.
(3) In making nuclear carriage rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—
(a) the nature of the cargo to which the nuclear carriage rules apply and the amount of radiation being given off, or emitted, therefrom measured in Becquerel (Bq), and
(b) the service for which such ships are to be employed, and such other matter or matters that the Minister considers appropriate to take into account in the circumstances.
(4) Different nuclear carriage rules may be made for the carriage of different nuclear cargo by different classes of ships for different circumstances and for different areas of operation.
(5) Nuclear carriage rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the INF code, in relation to the carriage of nuclear cargo.
(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.".
Amendments Nos. 1 and 2 to amendment No. 51 not moved.
Amendment No. 51 agreed to.
I move amendment No. 52:
In page 23, between lines 13 and 14, to insert the following:
"37.—(1)(a) Where after a declaration of survey, made by a surveyor of ships under the nuclear carriage rules in respect of an Irish ship to which this Chapter applies, is received by the Minister and if he or she is satisfied that the ship complies with the nuclear carriage rules relevant to the ship and provided, where relevant—
(i) in case the ship is a passenger ship, a general safety certificate under section 20(1) of the Act of 1952, and
(ii) in any other case, a safety equipment certificate under section 22(1) of the Act of 1952, a radio certificate under section 23(1) of the Act of 1952 and a cargo ship safety construction certificate under section 4(1) of the Act of 1966 or a cargo ship safety certificate under section 13(1) of this Act,
is in force in respect of the ship, he or she shall on application of the owner, issue, in respect of such ship an International Certificate of Fitness for the Carriage of INF Cargo ("international certificate of fitness (INF)"), in the form provided for in the nuclear carriage rules.
(b) In this subsection “declaration of survey” means a declaration made under section 272 (as applied by section 27(2) of the Act of 1952 and section 3(4) of the Act of 1966) of the Principal Act.
(2) An Irish ship in respect of which an international certificate of fitness (INF) is in force shall be subject to such further surveys as are provided for under the nuclear carriage rules to ensure that the ship continues to comply with the requirements of such rules.
(3) Subject to subsections (4) and (5), an international certificate of fitness (INF) shall be in force for a period not exceeding 1 year or such shorter period as may be specified in it and may be cancelled where the Minister is satisfied that the ship no longer complies with any of the requirements of the nuclear carriage rules.
(4) The Minister or such person as he or she may authorise for the purpose, may extend the period for which an international certificate under this Chapter may be in force, to a period not exceeding 1 year and 5 months as may be specified in the nuclear carriage rules.
(5) An international certificate of fitness (INF) ceases to be in force—
(a) if any relevant survey of the ship has not been completed within the period specified for such survey as prescribed by the nuclear carriage rules or as required under section 39(2)(b),
(b) if, following any inspection or survey, the Minister is not satisfied that the ship continues to comply substantially with the requirements of the nuclear carriage rules for such ships, or
(c) if, any of the certificates referred to in subsection (1)(a)(i) or (ii), as are relevant to the ship, cease to be in force in respect of such ship—
(i) upon any unapproved change to the ship referred to in section 39(1),
or
(ii) upon transfer of the ship to another state.
(6)(a) A ship to which this Chapter applies must not operate to carry nuclear cargo or proceed, or attempt to proceed, to sea without an international certificate of fitness (INF) for the time being in force.
(b) If a ship to which this Chapter applies operates to carry nuclear cargo or proceeds, or attempts to proceed, to sea without a valid international certificate of fitness (INF) for the time being in force in respect of the ship it shall be regarded as an unsafe ship for the purposes of Chapter 7.
(7) (a) Sections 27(9) and 28(1) of the Act of 1952 apply in relation to international certificates of fitness (INF) as they apply to a certificate authorised under that Act.
(b) Section 28(2) of the Act of 1952 applies in relation to international certificates of fitness (INF) as it applies to a certificate issued under that Act and any corresponding International Certificate of Fitness for the Carriage of INF Cargo issued by the government of another country, other than the State, to which the Safety Convention applies, under such Convention, in respect of a ship to which this section applies, other than an Irish ship, and accepted as having the same force in the State as a certificate of fitness (INF) shall be referred to as an accepted certificate of fitness (INF).
(8) The reference to an international certificate of fitness (INF) in subsection (6) and sections 38(4) and 41(2)(a) or (c) shall, in the case of a ship to which this Chapter applies, other than an Irish ship, be construed as a reference to an accepted international certificate of fitness (INF).
(9) The Minister may authorise on his or her behalf a person to issue, cancel, or extend an international certificate of fitness (INF).".
Amendment agreed to.
I move amendment No. 53:
In page 23, between lines 13 and 14, to insert the following:
"38.—(1) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) to ensure that it complies with the nuclear carriage rules, and
(b) to maintain such ship in conformity with the nuclear carriage rules to ensure that the ship in all respects remains fit to operate without danger to the ship or the persons on board.
(2) It is the duty of the owner and master of an Irish ship to which this Chapter applies—
(a) before the carriage of nuclear cargo takes place and before the international certificate of fitness (INF) is issued in its respect for the first time, and
(b) before the ship continues to be engaged in the carriage of nuclear cargo following the expiration of its international certificate of fitness (INF), to have the ship surveyed by a surveyor of ships or such other person as the Minister may authorise for that purpose, in accordance with the nuclear carriage rules.
(3) It is the duty of the owner and master of an Irish ship to which this Chapter applies to have it surveyed under section 37(2) or section 39(2)(b), where required.
(4) It is the duty of the owner and master of a ship to which this Chapter applies to ensure that an international certificate of fitness (INF) for the time being in force in respect of the ship is available on board for examination at all times.
(5) (a) Without prejudice to section 23 of the Act of 2000, whenever an incident or accident occurs to an Irish ship to which this Chapter applies, or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances, or other equipment required by the nuclear carriage rules, the master or owner of the ship must, at the earliest opportunity, report the matter to the Chief Surveyor or any other surveyor in the Marine Survey Office, Department of Transport.
(b) In case the ship is in a port of a state to which the Safety Convention applies, other than the State, the owner or master must also report, at the earliest opportunity, to the appropriate authorities of the government of that state.”.
I move amendment No.1 to amendment No. 53:
In subsection (1), in the first line after "ship" to insert "or any ship travelling or berthed in Irish waters".
Amendment to amendment put.
The Dáil divided: Tá, 58; Níl, 66.
Tá
- Allen, Bernard.
- Bannon, James.
- Barrett, Seán.
- Breen, Pat.
- Broughan, Thomas P.
- Bruton, Richard.
- Burton, Joan.
- Byrne, Catherine.
- Carey, Joe.
- Clune, Deirdre.
- Coonan, Noel J.
- Coveney, Simon.
- Crawford, Seymour.
- Creed, Michael.
- Creighton, Lucinda.
- Deenihan, Jimmy.
- Doyle, Andrew.
- Durkan, Bernard J.
- English, Damien.
- Feighan, Frank.
- Ferris, Martin.
- Flanagan, Terence.
- Gilmore, Eamon.
- Higgins, Michael D.
- Hogan, Phil.
- Howlin, Brendan.
- Lynch, Ciarán.
- Lynch, Kathleen.
- McCormack, Pádraic.
- McEntee, Shane.
- McGinley, Dinny.
- McHugh, Joe.
- Mitchell, Olivia.
- Morgan, Arthur.
- Neville, Dan.
- Ó Caoláin, Caoimhghín.
- O’Donnell, Kieran.
- O’Dowd, Fergus.
- O’Keeffe, Jim.
- O’Mahony, John.
- O’Shea, Brian.
- O’Sullivan, Jan.
- Penrose, Willie.
- Perry, John.
- Rabbitte, Pat.
- Reilly, James.
- Ring, Michael.
- Shatter, Alan.
- Sheahan, Tom.
- Sheehan, P.J.
- Sherlock, Seán.
- Shortall, Róisín.
- Stagg, Emmet.
- Stanton, David.
- Timmins, Billy.
- Tuffy, Joanna.
- Upton, Mary.
- Wall, Jack.
Níl
- Ahern, Michael.
- Ahern, Noel.
- Andrews, Barry.
- Andrews, Chris.
- Aylward, Bobby.
- Blaney, Niall.
- Brady, Áine.
- Brady, Cyprian.
- Brady, Johnny.
- Byrne, Thomas.
- Calleary, Dara.
- Carey, Pat.
- Collins, Niall.
- Conlon, Margaret.
- Connick, Seán.
- Coughlan, Mary.
- Cregan, John.
- Cuffe, Ciarán.
- Curran, John.
- Dempsey, Noel.
- Dooley, Timmy.
- Finneran, Michael.
- Fitzpatrick, Michael.
- Fleming, Seán.
- Flynn, Beverley.
- Gogarty, Paul.
- Gormley, John.
- Grealish, Noel.
- Hanafin, Mary.
- Haughey, Seán.
- Hoctor, Máire.
- Kelleher, Billy.
- Kenneally, Brendan.
- Kennedy, Michael.
- Killeen, Tony.
- Kitt, Michael P.
- Kitt, Tom.
- Lenihan, Conor.
- Lowry, Michael.
- McEllistrim, Thomas.
- McGrath, Mattie.
- McGrath, Michael.
- McGuinness, John.
- Moloney, John.
- Moynihan, Michael.
- Mulcahy, Michael.
- Nolan, M. J.
- Ó Cuív, Éamon.
- Ó Fearghaíl, Seán.
- O’Brien, Darragh.
- O’Connor, Charlie.
- O’Dea, Willie.
- O’Donoghue, John.
- O’Flynn, Noel.
- O’Hanlon, Rory.
- O’Keeffe, Batt.
- O’Keeffe, Edward.
- O’Rourke, Mary.
- Power, Seán.
- Roche, Dick.
- Ryan, Eamon.
- Sargent, Trevor.
- Scanlon, Eamon.
- Smith, Brendan.
- Treacy, Noel.
- Woods, Michael.
Tellers: Tá, Deputies Emmet Stagg and David Stanton; Níl, Deputies John Curran and John Cregan.
Amendment declared lost.
Debate adjourned.