I move: "That the Bill be now read a Second Time." The measures contained in the Bill represent an important step in a new drive to streamline, modernise and further extend our maritime law. As a seafaring nation it is essential that our shipping industry, whether large-scale commercial or recreational, is soundly underpinned with modern and up-to-date legislation. I intend to address as a matter of priority the upgrading of our legislative system to reflect fully modern requirements in relation to safety and EU and international labour rules and to bring penalties for infringements of the law at sea into line with present day norms.
The Bill increases the penalties for breaches of safety regulations; removes out-of-date constraints on, and penal sanctions for, merchant seamen; allows EU nationals to register ships in Ireland; and provides special exemptions for certain categories of small passenger vessels. The general body of maritime law has been modernised extensively in recent years. However, certain important provisions are still governed by legislation passed in the last century. This legislation clearly does not take account of important reforms introduced in the International Labour Organisation and Council of Europe and through the European Union. It also contains levels of fines which are out of date and does not provide sufficient incentives to commercial ship operators and owners to adhere to safety and environmental standards in the operation of vessels. This is unsatisfactory and I am moving to bring in specific modernising provisions to ensure that Ireland has in place a modern and efficient legislative regime for shipping.
Specifically, the Bill will increase the maximum fine for offences involving breaches of safety regulations and codes to £10,000 or two years in prison or both; remove legal constraints on seamen who engage in trade disputes — current legislation, while not enforced, can envisage criminal liability arising from participation in trade disputes; delete penal and out-of-date sanctions for disciplinary and other offences by seamen — for example, under the current legislation, seamen can be forcibly detained on board a ship by the master of the vessel where disciplinary offences have occurred; allow nationals of other states in the EU to enter the Irish register; and exempt certain small categories of small passenger boats from licensing requirements in exceptional circumstances.
The Bill will allow for the modernisation of the working conditions of seafarers and permit their involvement in legitimate trade disputes. It removes any perceived threat from out-of-date penal sanctions where seamen might engage in absences without leave, in desertion or other disciplinary offences. It also amends the Mercantile Marine Act, 1955, to bring Ireland's law on the registration of ships and recreational craft into line with the requirements of European treaties.
While certain clearly outdated provisions have remained too long on the Statute Book, l am sure the House will agree that there has never been any intention on Ireland's part to seek to circumvent or evade the application of appropriate and progressive development of international maritime law. In spirit and in practice, Ireland is at the forefront of developing progressive initiatives at IMO and EU level. We have taken steps in recent years to extensively modernise the great bulk of Irish maritime law in keeping with the latest international developments and thinking. However, sometimes priorities, particularly in the area of safety, have to be set and it can happen that the updating of certain legislation is delayed. Such is the case in relation to the amendments proposed in the Bill relating to provisions of the Conspiracy, and Protection of Property Act, 1875, and the Merchant Shipping Acts, 1894 and 1906. I propose to formally repeal and amend these provisions in order to comply fully with the letter and spirit of enlightened modern thinking.
My proposals in the Bill to widen the nationality provisions in the Mercantile Marine Act, 1955, to enable all EU citizens and bodies corporate have direct access to the Irish Ship Register follow from a recent European Court judgment. The Irish authorities' view was that the requirements of EU law were satisfied because all EU citizens and corporate bodies were entitled to enter the Irish Ship Register following incorporatisation in Ireland. However, the European Court of Justice ruled that the Irish register must be opened to direct access without the prior need to incorporate in Ireland. This legislation is, therefore, urgently needed so that we can comply with the court's judgment. However, I intend to seek Government approval as soon as practicable to further modernise the legislation dealing with the Irish Ship Register. This will, of course, be done in full consultation with all the relevant interests. I also intend to carry out a major reform of the way we conduct marine accident investigations. It is my intention that they be clearer, speedier, more relevant and, above all, contribute better to prevention of accidents and loss of life at sea.
The House will appreciate that I and my Department have been active in promoting measures to make shipping operations more competitive and the employment of seafarers more attractive. I recently instituted a major overhaul of seafarer training in Ireland so that seafarers will be second to none in quality and professionalism. More recently, I secured the agreement of my colleague, the Minister for Finance, to proposals in the Finance Bill which will, for the first time, give recognition in the income tax code to the difficult competitive position of seafarers. A £5,000 personal income tax allowance, together with a relaxation of the foreign earnings deduction scheme for certain seafarers, have been included, on my suggestion, in the Finance Bill. These concessions, together with the employers' PRSI reductions, are aimed at encouraging employment of Irish and EU seafarers on Irish and EU registered ships and will help make seafaring a more attractive career and encourage more competitive work practices.
The Commission has made approval of all these State aids to the shipping sector contingent on the present amendment regarding nationality provisions being enacted as worded in the Bill. For this reason, l ask the indulgence of the House to progress this provision in advance of my planned more comprehensive revision of the 1955 Mercantile Marine Act. As I already said, l will progress new ship registration legislation as soon as practicable.
Another important and pressing requirement is that we amend the Merchant Shipping Act, 1992. This Act requires passenger boats carrying not more than 12 passengers for reward be licensed regardless of the circumstances of that carriage. The scope of "passenger boat" in that legislation means that an employer owning or hiring a boat for the purpose of transporting his employees to their place of work must be licensed. Experience of the practical implementation of the licensing requirements indicates that the relevant section inadvertently embraces certain passenger carrying operations where licensing was not envisaged and is not deemed appropriate, such as pilot boats transporting pilots to ships, dredging operations, vessels used for dumping at sea, fish farm workboats, wildlife survey vessels and vessels used in the maintenance of lighthouses.
The provisions of that Act could also be invoked to preclude vessels from operating in emergency situations. This could hinder the work of the people who are working to prevent accidents. Persons providing a boat to the emergency services where no licensed boat is immediately available, or where it is impractical to use a licensed vessel, will not find themselves in the position of being prosecuted for providing an unlicensed boat. Safety in maritime transport is always paramount and if we are to regulate safety in passenger ferries there must be licensing and certification procedures. I am conscious of this and will ensure that any vessels exempted under the proposed provisions will meet certain minimum conditions and will not be inappropriate to the purposes for which they are used. I assure the House, therefore, that there will be no diminution in the safety of persons transported on vessels which it is proposed to exempt.
Section 680 of the Merchant Shipping Act, 1894, deals with the prosecution of offences, under that Act. I have amended the provision dealing with the level of fines and duration of imprisonment and brought the language in line with current usage. For reasons of safety and accident prevention, l am extending the provisions of the Merchant Shipping Act, 1992, to ferry boats working in chains. These are vessels which use traction power based on land and cables or chains to draw themselves across narrow sections of waterway.
It gives me great pleasure to commend the Bill to the House.
