Written Answers. - Shipping Law.
Jim O'Keeffe
Question:
140
Mr. J. O'Keeffe
asked the
Minister for the Marine
whether he will amend the law to give powers to the gardaí to test, and if necessary, arrest a person in charge of a pleasure boat in our territorial waters where such person is considered to be a danger to himself or to others because of the influence of drugs or alcohol.
the Merchant Shipping Act, 1992, was signed by the President on 11 March. A commencement order to bring the Act into effect is being drafted.
Section 23 of the new Act provides that where a master of, or a seaman employed in, an Irish-registered vessel or a foreign-registered vessel — whilst it is in Irish territorial waters — engages in conduct which endangers his vessel or any other vessel, structure, equipment, or any person, he shall be guilty of an offence. Likewise, if his actions are proved to amount to neglect of duty due to being under the influence of alcohol or any other drug he shall be guilty of an offence.
Under section 18 of the Mercantile Marine Act, 1995, all ships exceeding 15 net tonnes which are owned wholly by Irish citizens or Irish bodies corporate are required to be registered in the State. Approximately 370 pleasure boats are so registered.
As regards the smaller pleasure boats, section 20 of the Merchant Shipping Act, 1992, provides that the Minister for the Marine may make regulations to ensure the safety of pleasure craft and their occupants. In this connection, a pleasure craft safety working group have been established to review safety procedures and standards on such vessels and to advise me on the need for, and content of, any new regulations. I have passed on the Deputy's suggestion to the working group.
Section 25 of the Act provides that an authorised officer — which includes a number of the Garda Síochána, while in uniform — may board or stop a vessel, inspect and examine such vessel and documents or records thereon, for the purposes of the merchant shipping Acts.
