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Select Committee on Enterprise and Economic Strategy debate -
Thursday, 14 Sep 1995

SECTION 48.

Amendments Nos. a32c., b32c. and 32c. are related and a32d. b32d. and c32d. are alternatives to 32c. and all may be taken together by agreement.

I move amendment No. a32c.:

In page 42, subsection (1) (a), lines 2 and 3, to delete "which is within the harbour".

The purpose of my amendments is to ensure that the harbour master's authority in this matter applies prior to the vessel entering the port. From my reading of the amendment tabled by the Minister, it seems it will achieve that aim. I will withhold any further comment until I hear the Minister's explanation of his amendment No. 32c.

It is important that we clarify this because if amendment No. 32c. is agreed, amendments Nos. a32d., b32d. and c32d. cannot be moved.

Deputy Molloy and I are attempting to achieve the same purpose by these amendments but in different ways. I tabled amendment No. 32c. at the request of a number of harbour authorities and the Irish Port Authorities Association to reflect the fact that the draught of the ship ought to be known before the vessel enters the port. The section as originally drafted provides that this information be supplied to the harbour master as soon as may be after the ship has entered the harbour. They also requested that the section be amended to provide for prior notification to the harbour master of defects in manoeuvrability and/or navigational equipment. I accept the points and I hope Deputy Molloy will agree that we are both trying to achieve the same purpose. I recommend that my amendment No. 32c. be accepted.

That is agreed. There is no point in saying any more about the unusual situations which could have arisen if this amendment had not been proposed by the Minister. I am happy to withdraw my amendments in favour of the Minister's.

Amendment No. a32c., by leave, withdrawn.
Amendment No. b32c. not moved.

I move amendment No. 32c.:

In page 42, subsection (2), lines 8 to 13, to delete paragraph (a) and substitute the following:

"(2) (a) Before a ship enters within a harbour, the master of the ship shall—

(i) furnish the harbour master of the harbour with a statement of the take of any cargo on board the ship (howsoever contained) and the name or names of the person or persons entitled to take delivery thereof, and

(ii) bring to the notice of that harbour master any defects in, and any matter peculiar to, the ship and its machinery and equipment of which the master knows and which might materially affect the navigation of the ship or its ability to be manoeuvred.".

Amendment agreed to.
Amendments Nos. a32d., b32d. and c32d. not moved.

I move amendment No. 32d.:

In page 42, lines 16 and 17, to delete subsection (3).

Amendment agreed to.
Section 48, as amended, agreed to.
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