Written Answers. - Pleasure Craft.
Trevor Sargent
Question:
44
Mr. Sargent
asked the
Minister for the Marine
and Natural Resources if the 1992 jet ski and fast boat regulations have ever been used; his views on whether regulations are drafted at public expense and fail to be implemented; and if he will make a statement on the matter.
[14727/99]
The Merchant Shipping (Jet Skis and Fast Power Boat) Regulations, 1992 were introduced to enable local authorities, regional fisheries boards, harbour authorities and the Commissioners of Public Works to propose to the Department of the Marine and Natural Resources that areas within, or in the seas adjoining, their jurisdiction be designated as unsuitable for the operation of these craft in the interests of the safety of pleasure craft and their occupants.
The measures are available for the protection of pleasure craft and their occupants and do not extend to the protection of swimmers, bathers or the natural environment as these matters would be beyond the scope of the Minister for the Marine and Natural Resources' statutory powers.
To date, three areas have been designated under the 1992 regulations. These are Lough Carra, County Mayo; Lough Owel, County Westmeath; and Carlingford Harbour, County Louth. A number of other proposals have been received for consideration by my Department.
While the Merchant Shipping (Jet Skis and Fast Power Boat) Regulations, 1992 were introduced to prevent these craft operating in certain areas the Deputy will be aware, from my previous replies to parliamentary questions, of the difficulties concerning the implementation of these regulations and that the office of the Attorney General has advised that they are now considered to be legally unsound, and do not provide the scope of what most local authorities proposals seek to achieve. As a result, further processing of designation proposals has been suspended by my Department pending the outcome of a review currently being carried out in order to identify the most appropriate and effective means of regulating these crafts with a view to providing for the improvement of safety for all water users.
The Marine Institute, whose functions include the promotion of the sustainable development of the marine leisure resource, have engaged consultants to undertake a full examination of safety in the water leisure sector with a view to proposing models as to how best the safety in the sector can be addressed. The operation of jet skis and fast power craft is being specifically addressed in this examination. The institute and their consultants have been engaging in a full consultation with interested parties, including public authorities and voluntary bodies, and their examination will, amongst other things, involve assessing the most appropriate statutory and non-statutory models, including local authorities input, for management and promotion of the safe use of jet skis and fast power craft.
As the Marine Institute's examination of the matter will involve assessing the most appropriate local authority input, I am particularly keen to explore further the appropriate role for local authorities in dealing with the problem in their own areas. Indeed, I understand that Fingal County Council has recently brought new beach by-laws into force which will deal with jet skis in certain areas under that council control in accordance with powers under the Local Government Act, 1994.
Apart from the review being carried out by the Marine Institute, I have initiated additional action to address the wide ranging public concerns that have been expressed in relation to the indiscriminate use of jet skis and fast power boats in certain inland and coastal waters.
A safety code for jet skis has been introduced by the Marine Safety Working Group which operates under the chairmanship of the director of the Irish Marine Emergency Service of my Department and whose aim is to create and communicate marine safety information and messages, and to endeavour to reduce accidents and to prevent the loss of life in Irish waters. I am arranging to send a copy of the safety code to the Deputy. The purpose of the code is to heighten awareness of the requirements to operate such craft in a safe manner with particular regard to the safety of other water users. The safety code is being distributed widely to safety organisation, local authorities and people involved in the sector.
It is clear to me that the control of recreational fast power craft must be addressed on a number of fronts. My immediate concern is to ensure that progress is made as a matter of urgency in raising safety awareness amongst the users of such craft. While the use of statutory mechanisms to regulate such craft is proving complex from both the safety and legal perspectives, I am determined that, if statutory measures are identified as being necessary, the various public agencies will agree on a plan of action to implement them.
