Dáil Éireann debate -
Tuesday, 25 Mar 2003

Vol. 563 No. 4

Written Answers - Passenger Boat Licences.

Pádraic McCormack

Question:

367 Mr. McCormack asked the Minister for Communications, Marine and Natural Resources the position regarding the certification of boat owners for participation in inland fisheries; and if all boats require certification to participate in angling competitions and other such activities. [7671/03]

Minister for Communications, Marine and Natural Resources (Mr. D. Ahern)

Part III of the Merchant Shipping Act 1992 introduced, for the first time, a licensing regime for passenger boats, that is boats carrying up to 12 passengers for reward either in the sea or in freshwater. Part IV of the 1992 Act made separate provision for the regulation of fishing vessels, the definition of which included boats used for angling in the sea or freshwater for profit.

The Merchant Shipping (Investigation of Marine Casualties Act) 2000, which, among other things, amended the 1992 Act, brought sea and freshwater angling boats within the definition of passenger boat. The effect of this amendment is that boats taking anglers out for reward in freshwater or to sea are now encompassed within the definition of passenger boat and are subject to the licensing requirements for passenger boats under Part III of the Merchant Shipping Act 1992. Such angling boats were exempt from the licensing requirement until 1 January.

The Merchant Shipping (Passenger) Boat Regulations 2002, S.I. No. 273 of 2002, came in with effect on 1 January. These regulations set out the construction and equipment requirements which a boat must comply with to obtain a passenger boat licence under the Merchant Shipping Act 1992. They do not include any requirements with regard to certification of operators.

The new regulations do not apply to the hire of a vessel without a crew or to the use of one's own vessel. Passenger boats used for angling purposes in freshwater and carrying no more than three passengers are exempt from the requirement to have a passenger boat licence under the 1992 Act. They must comply with the safety requirements laid down in the Licensing of Passenger Boats (Exemption) Regulations 2002, S.I. No. 274 of 2002 which also came into effect from 1 January.

Enda Kenny

Question:

368 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources his views on the fact that Ireland's new Merchant Shipping Passenger Boat Regulations 2002, S.I. No. 273 of 2003, are in breach of Article 81 of EC competition law; if he has received correspondence in this matter; if he has satisfied himself that the regulation is in compliance with the relevant article; and if he will make a statement on the matter. [7750/03]

Minister for Communications, Marine and Natural Resources (Mr. D. Ahern)

The Merchant Shipping (Passenger Boat) Regulations 2002 came into effect on 1 January. They set out the construction and equipment requirements which a boat must comply with to obtain a passenger boat licence under the Merchant Shipping Act 1992.

While I have received correspondence generally in relation to the passenger boat regulations, I have not received correspondence dealing specifically with Article 81.

Article 81 of the Treaty of Rome prohibits anti-competitive agreements which may have an appreciable effect on trade between member states and which prevent, restrict or distort competition in the Single Market.

I cannot see how regulations brought in to enhance the safety of passengers and crew on board passenger boats and which apply to all passenger boats could be considered to be in breach of Article 81. I am satisfied that they do not.