I thank the Opposition Deputies for the welcome they have given to the Bill and for their constructive discussion of it on Second Stage. Deputy O'Dowd said that he would like a more detailed discussion on Committee Stage and we can consider that. As is my wont, I will carefully consider each and every positive suggestion or constructive amendment and try to include as many as possible. I know that we can be partisan in the House at various times when discussing other matters but it is helpful if all sides, including the responsible Minister, approach legislation with an open mind and an appreciation that we may not get everything fully right in the first draft of a Bill.
Merchant Shipping Bill 2009: Second Stage (Resumed).
Question again proposed: "That the Bill be now read a Second Time."
The Government definitely does not.
I look forward to a continuing constructive approach and thank the Deputies. The contributions made by Deputies O'Dowd and Broughan reflect the interest and concern of the House in respect of the broad area of maritime safety. I am aware of the personal commitment of both Deputies in this area and I welcome their constructive and positive contributions. There have been many Bills on merchant shipping and maritime safety enacted over the years. Current and former Members are very much aware of the evolving nature of maritime law and the need to ensure appropriate legislative supports are in place at all times.
I will try to address as many of the issues raised in this debate as possible in the time available. Those I cannot address now I will address on Committee Stage. Deputies O'Dowd and Broughan referred to the importance of involving relevant stakeholders in the examination of the legislation. I agree with this as a general principle. What makes this Bill different from many others is that most of its sections are just enabling provisions. It is a matter of enshrining in law the capacity of the Department to put regulations in place and commence them when appropriate. The consultation at the time of commencement will probably be more important because we will be discussing the detail of some of the issues the Deputies' raised, including jet skis and motorboats. The Department will be delighted with any assistance the committee can offer in regard to consulting with various interests. A regulatory impact analysis will have to be carried out on many of the regulations and consultation will have to take place in respect of that process.
Both Deputies raised issues regarding the Marine Casualty Investigation Board, MCIB. I thank them for their constructive comments in this regard. I agree with Deputy O'Dowd on the MCIB. The clarity of the reports of this board and of the Air Accident Investigation Unit, which is also under the aegis of my Department, is to be commended. The reports of both bodies are very factual and straightforward and explain, in so far as possible, the circumstances of accidents that occur. The reports are very sensitive in cases where there are fatalities or injuries. I thank the Deputies for their positive comments in this regard. It is important that, in sensitive circumstances, the investigative bodies make clear recommendations that are acted upon as quickly as possible.
The document entitled Code of Practice for the Safe Operation of Recreational Craft, published on 24 May 2006, was largely based on reports by the MCIB. It really addressed many of the issues about which the Deputies are concerned. Chapter 5 deals with recreational water craft, including jet skis. Practically all the recommendations made were included.
Deputy O'Dowd mentioned the recommendation in a recent MCIB report on fishing vessel regulations. At the time of the production of the report, the MCIB was recognising the benefit of the introduction of the regulations and not making a recommendation as such. It was acknowledging that the regulations were in place. We will try to furnish the Deputy with the information he asked for on recommendations. It is important and it will be no harm to remind ourselves of it, one way or another.
The point that it is important to implement the recommendations as quickly as possible is valid. We try to do so. Sometimes the Department is responsible and, at other times, other bodies are responsible. I know from my experience as Minister for Communications, Marine and Natural Resources that introducing changes in this area, particularly when fishing vessels are involved, can cause considerable angst and can be resisted at various times. People regard change as requiring an added expense and very often considerable discussion with stakeholders must occur, which can sometimes cause delay. Generally it is better to achieve consensus on the way the regulation is to be implemented rather than having a unilateral decision on the approach, provided achieving consensus is not just a subterfuge to delay the implementation of the regulation. I know the Deputy is not suggesting the latter. I am just offering an explanation for some of the delays.
Deputy Broughan requested additional details on the application and scope of the Maritime Labour Convention and the inspection powers that will apply thereto. I will make that information available to him. As he will be well aware, International Labour Organization, ILO, conventions cover a lot of labour law, which is the responsibility of other Departments. We must work with those Departments to ensure the convention is brought into effect. There is a lot of very detailed work taking place on this. The date for the entry into force of the convention is 1 January 2011. We are working to achieve this and, if possible, bring it into force earlier. The convention will come into force 12 months after the date on which there are registered ratifications by 30 ILO member states, with a total share of at least 33% of the world's gross shipping tonnage. To date, member states representing 44% of world tonnage have ratified the convention. Given that the target has been exceeded, the ILO expects ratification by another 25 states very soon. The implication is that it is becoming increasingly likely that the convention will enter into force by the intended deadline of 1 January 2011.
As a Government and as a Department, we have consistently supported the ILO in its efforts to promote global labour standards for seafarers. We were represented at the conference by a tripartite delegation consisting of Government officials, employers' representatives through IBEC and workers' representatives through ICTU. An interdepartmental committee involving my own Department, the Department of Enterprise, Trade and Employment and the Department of Social and Family Affairs is also working on this. These three Departments are working together to achieve progress on the relevant interface issues with the aim of achieving the ratification and implementation of the convention. That is important.
Another point raised was about Irish-registered vessels. I will confirm that where the owner of the vessel is an Irish individual or body corporate, the employees on the vessel are subject to the provisions of Irish law whether the vessel is in Irish territorial waters or on the high seas. Obviously, the same is true when an Irish-registered vessel is in the internal waters of another state. Accordingly, workers from outside the European Union working on an Irish-registered vessel are also covered by Irish employment rights legislation by virtue of section 20 of the Protection of Employees (Part-Time Work) Act 2001, which provides for the full range of Irish employee legislation to apply to foreign workers and those who are working in, or posted to, foreign countries. Thus, there is some protection there. However, I understand the Deputy's point about flags of convenience.
The inspection of foreign ships in Irish ports was mentioned by the Deputy. A foreign ship entering an Irish port is subject to port State control inspections carried out in accordance with the Paris Memorandum of Understanding on Port State Control. These are carried out to check for compliance within the relevant national law. Department of Transport surveyors, as mentioned by Deputies, are a productive group who carry out inspections of more than 400 foreign-flag ships per year. As we have seen, they detain any ship that poses a safety hazard or does not comply with international requirements for living and working arrangements. It is important to state that.
With regard to the question of costs, increasingly, no matter what Department or agency has a regulatory role, the cost of regulation will have to be borne to a greater extent by the people who are subject to it. As a general principle that is a route we should follow. There is much work in regulation and much checking to be done in this and many other areas, and the cost should be borne by those involved rather than by the Exchequer generally.
Deputy Broughan was right to remind me, when discussing the clarity of reports from the MCIB, that it might be worthwhile to ensure we get similar clear reports on road accidents so we can learn lessons from them. I recall having a conversation about this but I do not know that anything further has happened in this regard. One of the reasons we do not get such reports for road accidents as we do for marine and aviation accidents is that the Garda must investigate road accidents and prosecutions can ensue, whereas the MCIB has a no-fault mechanism for investigating and making recommendations so that accidents are not repeated. That is the distinction. However, I will pursue that again with the road safety division in the Department.
I have covered a number of the main points raised by Deputies, although there are individual points that would be better dealt with as we go through the Bill section by section. I reiterate that the objective in presenting this Bill to the House is to put in place a safety regime that ensures the highest standards for safe construction, design and operation of vessels, up-to-date safety equipment, and arrangements that will support skilled and competent seafarers across the trading, fishing, and leisure areas of the maritime sector. I thank the Acting Chairman and all Deputies for a useful and constructive Second Stage debate. I look forward to working with Deputies on all sides to ensure we get the legislation through the House as quickly as possible, and to accepting constructive discussion and amendments.
Question put and agreed to.