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Marine Safety.

Dáil Éireann Debate, Thursday - 21 October 2004

Thursday, 21 October 2004

Questions (12, 13, 14)

John Deasy

Question:

10 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources if he is fully satisfied regarding the sea worthiness of all fishing boats; and if he will make a statement on the matter. [25793/04]

View answer

Seymour Crawford

Question:

64 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that adequate safety regulations are effectively applied throughout the fishing industry; and if he will make a statement on the matter. [25790/04]

View answer

Bernard J. Durkan

Question:

141 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself regarding the application of health and safety standards throughout the fishing industry; and if he will make a statement on the matter. [25966/04]

View answer

Written answers

I propose to take Questions 10, 64 and 141 together.

The Department has an ongoing safety programme involving an appropriate combination of statutory regulation, enforcement and safety awareness promotion with the aim of achieving the highest level of safety at sea, particularly on fishing vessels. There is a requirement, under the Sea Fisheries Amendment Act 2003, that all fishing vessels are in a safe and seaworthy condition before a sea fishing vessel licence is issued.

The maritime safety directorate of the Department has commenced a comprehensive regulatory framework for fishing vessels which should ensure a higher level of safety over a period of time. This programme is based on an approach which separates the fleet into three categories as follows: less than 15 m in length; 15 to 24 m in length; and over 24 m.

With regard to fishing vessels less than 15 m in length the Department has published a new code of practice for these vessels earlier this year. This code sets minimum standards of safety for the vessel to protect all persons on board. It covers vessel design, construction, machinery, safety equipment and stability issues. A panel of surveyors has also been established by the Department to ensure that fishing vessels comply with the requirements of the code. To obtain a fishing vessel licence a declaration must be signed by one of the surveyors on the panel signifying that the vessel is compliant with the code. This declaration remains valid for four years subject to the owner's bi-annual declaration.

Prior to the introduction of the code, the Department undertook an extensive consultation process with fishing industry representatives and BIM. In promoting the application of the new code of practice my overall concern is to enhance safety at sea. Compliance with this new safety regime is the best way to ensure the safety of fishing vessels and their crew.

All fishing vessels between 15 and 24 m in length are required to comply with the relevant safety, fire-fighting and radio installation regulations prior to receiving its licence. The Department is also considering additional safety requirements for this category of vessels covering vessel design and construction in particular.

Fishing boats over 24 m in length are required to carry a certificate of compliance, CoC, in respect of the vessel and this CoC is issued following a survey undertaken by the Department. The crew are also required to hold certificates of competency.

In addition to the safety of the vessel, there are regulations governing the safety of the crew and the working environment on board the vessels. The Fishing Vessel (Personal Floatation Devices) Regulations, SI No. 586 of 2001, came into effect on 1 March 2002. This introduced the mandatory wearing of suitable personal floatation devices by commercial fishermen while on the deck of fishing vessels. New fishing vessels over 15 m and existing vessels over 18 m must comply with the requirements of the Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999. These regulations give effect to Council Directive 93/103/EEC on the minimum health and safety requirements applicable to work on board fishing vessels. The regulations view vessel decks as workplaces, recognising the very dangerous nature of work on a fishing vessel deck. They also set out the duties of vessel owners including duties in relation to the provision of information, training, instruction and consultation of workers.

Under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1988 fishing vessels with engine power greater than 750 KW are also obliged to carry specified numbers of qualified engineer officers depending on the registered power of the vessel. The Fishing Vessels (Basic Safety Training) Regulations 2001 require all crew members, before going to sea for the first time, to obtain basic safety training. Existing serving crew members are required to undertake this training on a phased basis between 2003 and 2008. The crew member must carry a commercial fishing training record book on board to demonstrate that the training has taken place.

The enforcement of all regulations governing the safety of vessels, including fishing vessels, is carried out by the surveying staff attached to the maritime safety directorate of the Department. They inspect vessels to ensure that they are complying with the statutory safety standards laid down. Where a vessel is found to be deficient or the crew members to be insufficiently qualified, the vessel is detained until the deficiencies have been rectified. If there is a contravention of regulations, the owner and skipper of a fishing vessel may be guilty of an offence. If skippers and crews are found to be failing to comply with the regulations then prosecutions will take place to ensure compliance in the interests of safety. This new regime is the continuation of a process which should ensure higher standards for fishing vessels and the greater safety of their crew going forward.

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