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Dáil Éireann debate -
Wednesday, 6 Jul 1966

Vol. 223 No. 13

Committee on Finance. - Merchant Shipping Bill, 1966: Second and Subsequent Stages.

I move that the Bill be now read a Second Time.

The House is aware that this Bill has already been passed by the Seanad in which it was introduced. The purpose of the Bill is to enable Ireland to implement the International Convention for the Safety of Life at Sea, 1960. This Convention was adopted by an international conference of maritime States, including Ireland, convened under the auspices of the Inter-Governmental Maritime Consultative Organisation (more commonly known, from its initials, as IMCO).

As Deputies will have observed, the Bill is a rather technical one. Nevertheless, it deals with a subject which is of the greatest importance, not only to ships' crews and officers, but to all of us who have occasion, at one time or another, to travel by sea. The background history leading to the most recent Convention is as follows:

Various enactments regulating merchant shipping, including the safety of life at sea, were passed in the second half of the last century. These culminated in the comprehensive Merchant Shipping Act of 1894, which codified and extended the scope of the law relating to shipping. This Act enabled the prevention of unseaworthy or undermanned ships from putting to sea, and provided for the survey of ships, the carriage of lifeboats etc., the prevention of collisions by adherence to standard rules of navigation, the holding of enquiries into shipping casualties and the suspension or cancellation of the certificates of ships' officers found to have been negligent.

The first important International Convention was signed in January, 1914. However, the implementation of this Convention was held up, indefinitely as it turned out, by the outbreak of war.

The 1929 Convention was modelled on that of 1914 but was of considerably wider scope and more detailed in character. It applied in the main only to passenger ships engaged on international voyages. Such ships were required to possess a general safety certificate, to be issued annually upon confirmation by survey that the ships complied with construction, fire prevention, life-saving and wireless telegraphy requirements; cargo ships of 1,600 tons gross and over were also required to carry certificates to show that they complied with the wireless telegraphy requirements. The Convention was implemented in Ireland by the Merchant Shipping (Safety and Load Line Conventions) Act, 1933.

In 1948 another international conference was convened, which drew up a new Safety Convention. The principal advance made on this occasion was the extension of certain requirements to cargo ships. For the first time there was international agreement that cargo ships of 500 tons gross and upwards should be required to carry life-saving appliances. The range of life-saving equipment to be carried by passenger and cargo vessels was extended, varying with the size of ship. Lifeboats were required to have fixed or portable radio equipment, and ships were required to have mechanical davits for launching the lifeboats. With regard to radio, all passenger ships, and cargo ships of 1,600 tons and upwards, were required to maintain a continuous watch on the distress radio frequency either by qualified radio officers or by automatic equipment. The requirement to carry radio was extended down from cargo ships of 1,600 tons to cargo ships of 500 tons. Whereas formerly only passenger ships of 5,000 tons were obliged to have a direction-finder, all ships, passenger and cargo, of 1,600 tons and over were henceforth required to have this equipment. Most of the Convention's provisions were applicable not only to ships of the ratifying country but to foreign ships while within that country's ports.

The 1948 Convention was given effect in Ireland by the Merchant Shipping (Safety Convention) Act, 1952, and by a series of statutory rules made under the Act in 1953.

In 1960 a further international conference was held under the auspices of the Inter-Governmental Maritime Consultative Organisation to revise the 1948 Convention. IMCO, which is a specialised agency of the United Nations, came into being subsequent to 1948. The Convention adopted by the conference in general covered the same ground as the 1948 Convention but once again was more detailed than its predecessor, and prescribed higher standards. A notable advance was that for the first time in the history of the shipping industry it has been agreed at an international level that the hull, equipment and machinery of cargo ships of 500 tons gross and over engaged in international trade should be surveyed periodically to ensure that the various components are adequate for the service for which the ships are intended. Other advances, though not spectacular, are the requirements regarding the carriage of radio apparatus on cargo ships of between 300 and 500 tons gross, the carriage of inflatable life-rafts, and more stringent requirements regarding the sub-division of some types of passenger ship, stability, watertight integrity, safety of electrical installations, and fire control.

The 1960 Convention came into force internationally in May, 1965, when it had been accepted by the required number of 15 countries, including 7 countries each with at least a million tons gross of shipping. Up to the present date the Convention has been accepted by 46 countries of the 55 in all which were represented at the 1960 Conference. Acceptor countries include Britain, France, the Netherlands, West Germany and the United States.

The present Bill has been drawn up with the object of enabling Ireland to implement the Convention. The main provisions of the Bill convey the necessary powers for the making of rules prescribing requirements regarding the construction and periodical survey of the hull, equipment and machinery of specified Irish registered cargo ships; the issue of the appropriate certificates to such ships which comply with the rules; and the application of the rules to foreign ships which are in a port in the State unless they hold appropriate certificates from their own Governments. It gives power to appoint bodies such as Lloyd's Register and Bureau Veritas who would be authorised to survey the ships concerned, in accordance with the rules, and to issue the appropriate certificates in the same way as if the vessels had been surveyed by my Department's nautical survey staff. It requires the owner or master of a ship for which a certificate has been issued to notify the issuing authority of any alteration to the hull, equipment or machinery of the ship, and it prohibits Irish ships from proceeding to sea unless they hold the appropriate certificates. Power is also taken to fix, with the consent of the Minister for Finance, fees for the survey of cargo ships for construction certificates. Provision is made for the retention of the fees by any outside body, such as those I mentioned a moment ago, who may be authorised to carry out the survey.

The Bill, as Deputies will note, is primarily an enabling measure. The actual process of giving statutory effect to the detailed technical requirements of the Convention is due to take place later, through technical Rules to be made by me in virtue of powers contained in the Act of 1952 and in this Bill. These Rules will take the form of statutory instruments, and I hope that they will be made within the course of the next few months. The Rules will be laid before the Dáil and Seanad in the customary manner.

I confidently recommend the Bill for the approval of the Dáil.

As the Minister said in the concluding paragraph of his speech, this is an enabling Bill. As one listened to the Minister's speech and as one would have regard to the history of legislation and regulations with regard to merchant shipping, the first thing that strikes one is the comprehensive and enduring nature of the provisions of the Merchant Shipping Act of 1894 and that it was not really until great changes took place and great advances were made that we had shipping and the safety of shipping generally made the subject matter of the Conventions referred to in the course of the Minister's speech and upon which the text of this Bill is largely based. It is, being an enabling Bill, on the one hand, and connected with safety at sea, the safety of lives, the safety of cargo and the seaworthiness generally of the crafts concerned on the other, as such, not a controversial measure. It is one which should be welcomed by everybody in the House as a measure simply keeping in line with the advances made in shipping generally.

I am pleased to see particularly the references made to the necessity for survey and the arrangements being made so for regular and adequate survey. Indeed, that survey is very necessary for the purpose of keeping ships in order, keeping them seaworthy and, of course, from that flows immediately the necessity for it, by reason of the fact that seaworthiness is one of the first things necessary for the preservation of life and the preservation of cargo. The importance of the preservation of life at sea in merchant shipping generally is something which has been brought home to many of us in recent weeks. The British seamen's strike over the course of some weeks past has, I think, brought home to people, who never really thought about these things and who took them for granted, the great services rendered by the merchant navies on the commercial side of all countries, and particularly the country next to our own, Great Britain. In these circumstances, therefore, there is nothing in this Bill to which anybody could take exception. As the Minister has said, it is an enabling Bill, one which will be followed up by the making of regulations. I assume—and I am sure I am assuming correctly—that these regulations will follow accurately and will be in full accord with the provisions of this Bill, and further, that the regulations themselves will carry into effect the terms of the appropriate Conventions. Accordingly, we welcome the Bill.

This country has quite a record for the acceptance of Conventions in the various international world bodies but, unfortunately, we do not appear, in many of the cases in which we accept Conventions, to implement them. Fortunately, here is one Convention at least which is not alone accepted by this country but which steps are being taken in this Bill to implement.

There is not a lot to be said on the Bill because the Minister has covered anything which needs to be said. But what I think all of us would be concerned with would be the periodical surveys of the type of ship referred to here. I assume—maybe the Minister will be able to tell us—that the regulations will set out that these surveys should be undertaken. It is absolutely necessary that these surveys be made because there have been recent examples on the sea where equipment, which people believed was in working condition, in fact was not. There was a scandal—I shall not mention in what line, but it was about two or three years ago— when it was discovered that the lifeboats could not be put into the sea. In that particular case, again, it was discovered that the radio equipment was not alone faulty but just did not work at all. If we are to treat not alone passengers but those who work on ships properly, the provisions contained in the Convention and being implemented in this Bill are absolutely necessary.

I have nothing further to say on the Bill, except to ask the Minister to give us an idea as to when these surveys will be made, so as to ensure that equipment required to be provided under this Convention will be in working order.

In reply to Deputy Corish, the surveys for construction are made every two years and, for life-saving equipment and radio, the inspection is yearly. I can assure the Deputy that the surveyors of my Department are extremely strict, as will be found out by asking any one of the Irish shipping companies details about the nature of the survey. I can assure the Deputy that the surveys will be carried out adequately.

I thank the House for their reception of the Bill. It is true that we have adhered to these Conventions and passed Acts to put them into operation, so far as our own shipping services are concerned, at regular intervals throughout the entire history of the State. I can assure the House that all these regulations will be made to apply to Irish vessels according to the terms of the Convention, and that where we can extend the Convention to ships of smaller size, which we are not obliged to do under the Convention, we will do so. In this connection, of course, we shall be consulting with the interests concerned. I should also state that in regard, for example, to very small fishing vessels, that is, those constructed under the aegis of An Bord Iascaigh Mhara, they have already good standards of lifesaving which are determined by An Bord Iascaigh Mhara, apart from any Convention obliging them to do so, or otherwise.

Question put and agreed to.
Agreed to take remaining Stages today
Bill considered in Committee.
Section 1 and 2 agreed to.
SECTION 3.
Question proposed: "That section 3 stand part of the Bill."

How often will these surveys be carried out, or would I be anticipating the Minister's regulation?

The surveys will be done annually for construction.

Before the purchase of the B & I, say, was there a survey, or did we receive certificates of seaworthiness?

There would be surveys conducted periodically for the vessels of the B & I, and when the B & I was being purchased, an internationally famous firm of valuers examined the whole of the B & I fleet and took into account the state of the vessels.

Question put and agreed to.
SECTION 4.
Question proposed: "That section 4 stand part of the Bill".

Could the Minister give us some example of the issue of an exemption certificate, which it says here the Minister can issue by virtue of the power conferred on him by section 45 of the Act of 1952?

Exemptions are occasionally given for a particular voyage. For example, a vessel that would not normally go to sea except around the coast might be proceeding on one international voyage where it would not be necessary to apply the strict rules. It would be an exceptional affair and would be granted only for very special reasons.

Would the exemption be in respect of lifeboats, radio equipment, or what?

This Convention is very complex. There are some regulations for safety which apply to ships of certain sizes, and some which are not mandatory for ships below a certain size. It would be very hard to give a particular example, but a ship might be allowed to take one voyage, although the construction of the ship in regard to electrical appliances might not be perfect, simply because it was an exceptional journey.

Would the Minister say whether or not these exemptions might give rise to an absence of life-saving appliances?

No. We should make it clear that this exemption business is like so many other things in connection with international regulations, in that when you have a group of nations meeting together to decide rules for safety at sea, you have to bring in as many adherents as possible, and this clause was put in purely in respect of entirely exceptional circumstances. I can assure the House it does not really apply to countries with high standards in regard to safety of life at sea. It is simply put in as a saving clause because there are bound to be occasions when it would be necessary to give an exemption certificate to cover peculiar circumstances.

This has only to do with cargo ships?

Question put and agreed to.
Section 5 agreed to.
SECTION 6.
Question proposed: "That section 6 stand part of the Bill."

How does one implement the prohibition on proceeding to sea without appropriate certificates?

The customs officers of the State are the people who will not allow a ship to depart unless it has an appropriate ship construction certificate.

It is part of the customs men's duty to see to that before a ship proceeds?

Question put and agreed to.
Section 7 agreed to.
SECTION 8.
Question proposed: "That section 8 stand part of the Bill."

I should like an assurance from the Minister, and I am sure he is in a position to give it, that the boats in which we are interested, that is, passenger boats plying between this country and Great Britain, have all the equipment necessary and that it is in perfect order, should there be an accident. I know there are regulations under the Minister's Department or some Convention which ensure there will be no overcrowding on these boats. Nobody wants to anticipate any trouble, but it would be a good thing if the Minister could reassure the House and the country that not alone are these boats perfect in regard to seaworthiness but that they have proper lifesaving equipment, as described in the Minister's speech, and, above all, that the crew are competent to carry out any operations necessary in the event of an accident. It appears to me these journeys are regarded more as short ferry trips, but can the Minister tell us whether or not each passenger is made fully aware of what he or she must do in the event of an accident at sea? The Minister will understand my concern and the concern of other people in that respect. Perhaps he could make a statement on it?

Both we and our neighbours, the British have very high standards of inspection and survey of ships. When visiting vessels of Irish Shipping Ltd., I made inquiry about this and learned that our surveyors are extremely strict in regard to the examination of lifesaving equipment, inflatable lifeboats, fire fighting equipment. We have a very high standard. So have our neighbours, the British, as the Deputy will know from recalling the occasions of loss of life at sea on British ships. Both countries have a very high standard. The ships are fully surveyed and examined yearly. Everything possible is done to ensure that lifeboats are easily floated, that the davits are working, that the fire-fighting apparatus on the boat is working, that the rubber pipes are operating and not leaking. The inspection test is a very severe one.

There is one more question. The Minister will appreciate that I am not being critical of the line at all. I know one part of it and have always regarded it as being very efficient. Does every person who travels by boat to or from this country know that there is a lifejacket for him or her?

Yes, undoubtedly. In regard to short voyages across the Irish sea, of course, in the event of a disaster, there is a complete arrangement for loudspeaker control. Officers are detailed to look after passengers in every part of the ship, should there be an emergency. Every officer is instructed as to how to deal with one section. In addition, there is all-over loudspeaker control?

Is there regular drill?

No, there is not regular drill.

For the crew?

For the crew, yes, but not for the passengers.

No; that would be chaos.

Question put and agreed to.
Section 9 agreed to.
SECTION 10.
Question proposed: "That section 10 stand part of the Bill."

I take it that in subparagraph (a), where it refers to section 427 of the Principal Act, the omission of the words "carrying passengers" simply means all ships. That would be the effect.

Yes. It means that it will enable the rules to be made in respect of non-passenger ships also.

Yes, all ships.

Question put and agreed to.
Sections 11 to 17, inclusive, agreed to.
SECTION 18.
Question proposed: "That section 18 stand part of the Bill."

What has given rise to this provision in regard to proceeding to sea on an international voyage without an approved signalling lamp? Has the absence of a signalling lamp given rise to any tragedy at sea, or what is the purpose?

This is a section inserted in order to ensure that ships shall have a signalling lamp. Apparently, during the course of the discussions, it appeared that signalling lamps had not been installed on certain ships. It is in order to provide for that.

This is a very important section because it will cover most of our coastwise trade. It is absolutely necessary that a ship should have a signalling lamp. It is a requirement that is honoured more in the breach than the observance. Could the Minister tell us what steps are taken to ensure that each ship carries the requisite signalling lamp? We are inclined to be complacent. It is only a disaster such as befell the Princess Victoria which brings to mind the necessity to have the regulations carried out. Here was ship that was never out of sight of land but yet many lives were lost, not because of the absence of a signalling lamp but because of some other difficulty. We should not become complacent. A signalling lamp may be only a small thing but it might mean the difference between safety and disaster. The Minister should tell us what inspection is carried out. Every ship must be inspected every year by Lloyds before she gets a certificate but 12 months elapse before the next inspection and a signalling lamp could be out of order for the 12 months.

I do not think there can be any inspections in between those provided for in the Convention. There has to be some trust placed in the officers of the ship, particularly in regard to Irish ships, which are very responsible in this matter. Inspection is made at prescribed intervals to ensure that there is a signalling lamp on board but it would not be possible to have constant inspections undertaken to ensure that on every single voyage the lamp is working. It would not be practicable to do it.

There is only annual inspection. Does the Minister consider that frequent enough?

I think it is all that can be done in the circumstances. When there is an annual or biennial survey of the ship one can get a very good idea of the attitude towards these regulations. If everything is found to be in good order, it is a reasonable assumption that all the regulations have been carried out and are likely to be carried out in between inspections. In other words, as in the case of all other laws, it is partly the tradition of behaviour at sea that counts. You have the international regulations and you have the disciplinary attitude of the companies who own the ships, and that enters into it almost as much as the regulations. As I said, we and the British and some other European countries and countries elsewhere have had a very fine tradition in regard to the observance of regulations and a great many shipping companies have standards they would wish to maintain, irrespective of any international Convention. We rely on the maintenance of standards by tradition to a very great extent as well as on the enforcement of international regulations.

Question put and agreed to.
Sections 19 to 21, inclusive, agreed to.
Title agreed to.
Bill reported without amendment, received for final consideration and passed.
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