Vol. 374 No. 3
asked the Minister for the Marine how often inspectors of his Department inspect passenger vessels sailing from Irish ports to ensure that safety requirements are being complied with; if inspectors actually travel on the vessels; and if he will make a statement on the matter.
12.
asked the Minister for the Marine if, in view of the lessons learned from the Herald of Free Enterprise disaster, it is intended to introduce legislation which would make it an offence for a car ferry to leave dock with its doors open; and if he will make a statement on the matter.
I propose to take Questions Nos. 7 and 12 together.
Under the Merchant Shipping (Load Lines) Act, 1968, and regulations made thereunder, all doors are required to be closed and secured before a ship proceeds to sea. Similar legislation is in force in the country of registry of all car ferries plying to and from Irish ports.
In view, however, of certain doubts cast on the effectiveness of similar legislation in the United Kingdom by the Court of Formal Investigation into the Herald of Free Enterprise disaster and in particular the question of whether proceeding to sea with the bow doors opened constitutes an offence, I am urgently considering the need for amending legislation in this area. I am considering also whether additional legislation in relation to general ferry safety is required. Any such legislation will, of course, apply to foreign flag vessels operating within the territorial seas of the State.
Discussions are taking place on an ongoing basis with Irish ferry operators in relation to follow-up action, where necessary, on the recommendations of the Court of Formal Investigation into the Herald of Free Enterprise disaster. Furthermore, I am establishing a permanent national ferry safety committee, representative of senior technical officers of the Irish ferry companies and the marine survey office of my Department, under the chairmanship of the Chief Surveyor. The committee will monitor on an ongoing basis safety procedures and standards and consider any measures necessary to improve safety on board Irish registered passenger ferries.
Irish flag vessels are comprehensively surveyed annually before renewal of their passenger certificates and further inspections take place periodically when anything affecting the efficiency of hull, machinery, equipment and manning is reported by the master or owners in accordance with their obligations under the Merchant Shipping Acts. The survey includes participation in sea trials. Foreign flag vessels are visited by surveyors to witness muster trials shortly after their first visit to Irish ports. The position under international law in relation to foreign flag vessels plying to and from Irish ports is that, unless on boarding the vessel there is a clear indication that the vessel is in breach of the relevant international convention my Department's surveyors must accept the evidence of the certificates of compliance with the various international conventions issued by the country of registry.
I should say, finally, that the International Maritime Organisation, which is the relevant agency of the United Nations, is considering new requirements which might be introduced into the international maritime conventions in order to improve safety.
Will the Minister advise as to whether or not his departmental inspectors carry out covert inspections of any ships travelling to and from Irish ports during the process of their investigation? I appreciate that in his reply to me today and in March of this year the Minister of State indicated that there is an annual formal inspection, but all of this is on notice to the captains and owners of the ships. Do the Department carry out any covert inspection to ensure that the rules and regulations are adhered to?
The marine surveyors do not travel on ferries except as part of the inspection.
The answer then is no?
They only travel with them when they are doing the sea trials.
When does the Minister envisage that he will bring in legislation which was promised in March to make it a criminal offence for ships to move from port with their hull doors open? Will the Minister say if he intends that legislation to apply not only to ships within the Irish fleet but to all ships travelling to and from Irish ports?
The House will appreciate that it was necessary to await the findings of the UK Court of Inquiry into the Herald of Free Enterprise. It would not have made sense to proceed with legislation without establishing the facts and the reasons for the disaster. We can learn from the findings and recommendations made by the Court of Inquiry. We have 12 regulations which will be laid before the House before the end of this year. They were in preparation some time before the disaster in Holland. We will look carefully at the recommendations made by the Court of Inquiry. All of this will be brought before the House at the earliest possible time.
I did not catch what the Minister said about the existing penalty for a car ferry either coming into or leaving port with its hull doors open. Is there a penalty and, if so, who is obliged to see that a charge is brought against the person responsible if such an event occurs?
In our own vessels and in vessels plying to and from Irish ports there is an inner door, the bulk head door, which is absolutely watertight and which is closed before the outer door is closed. This happens before it leaves the port. Anyone who knows anything about these ships will appreciate that they cannot close the outer door until the ship moves slightly out from the dock but all doors must be closed before a vessel goes to sea.
What is the penalty if they do not?
Deputy McCartan, a final supplementary.
I am not aware of it. We will be looking at this and if a penalty is necessary or needs to be increased that will be done.
Will the Minister say why he does not consider it necessary to have on the spot or covert investigations of ships in operation? In relation to the permanent review committee on safety to which he referred, would the Minister not consider it desirable to have worker-union representation and would he consider adding a representative from that area?
The Deputy is expanding on the scope of this question. It may well be a separate question.
The national committee which will be set up shortly will be asked to address this question. This will be a standing technical committee who will review on an ongoing basis and will report periodically to the Minister. This will be an effective committee. By and large the committee will comprise representatives of the senior technical officers of the Irish ferry companies, the marine surveyors office and the Department, under the chairmanship of the chief surveyor. We feel that is adequate but if we think it would be advantageous to extend it we will consider that.
Does the Minister of State know whether the Belgian authorities, in whose territorial water this disaster took place, conducted an official inquiry, and if so whether the results of their inquiry might also be made available to us so that we would not, as usual, be simply relying on a British authority for everything we do?
Any other reports will certainly be looked at by us——
I may have taken the Minister by surprise, and he may not know, but will he undertake to the House to inquire whether there has been an investigation on the Belgian side because this disaster took place on a route which Belgian ships also serve? The results of such an inquiry might be useful and if it exists will he take steps to acquire a copy of it?
If a report from Belgium is available we will certainly avail of any recommendations made. I will make inquiries immediately.
Question No. 8, Deputy Avril Doyle.
Will the Minister respond on the point in relation to on-the-spot inspections of ferries in transit and on why they are not taking place at the moment? Does the Minister not consider that they should take place?
They do not take place at the moment. One of the purposes of setting up this committee is so that they can advise us periodically and we will ask the safety committee to address the question of periodic checks.
