asked the Minister for Communications if he is aware that certain licensed boat operators who transport passengers from the mainland to the Aran Islands and other islands ignore the restrictions imposed on the number of passengers that can be carried on their boats; that there is widespread concern regarding the dangers to the safety of passengers arising because of the nonenforcement of such conditions; and that there is particular concern amongst tourist interests in the area who would wish him to ensure that: (a) compliance with the maximum number of passengers specified on licences (and all other safety conditions) will be rigorously monitored by the Garda and, if necessary, that other systems be introduced to ensure compliance with such conditions; (b) where breaches are detected that either his Department or the local authority concerned, as appropriate, institute proceedings against the offender; and (c) the level of penalties applicable to such offences is sufficiently high to be an adequate deterrent.
Ceisteanna — Questions. Oral Answers. - Licensed Boat Operators.
In accordance with the provisions of the Merchant Shipping Acts no mechanically propelled vessel may proceed to sea or on any voyage or excursion with more than 12 passengers on board, unless there is in force in respect of the vessel a valid passenger certificate issued by me in accordance with those Acts.
This certificate must be displayed on the boat for all to see. It sets out the maximum number of passengers permitted to be carried, the limits beyond which the vessel is not to ply, the life-saving and fire-fighting equipment which must be kept on board, the name of the vessel and its owner, the period of validity of the certificate and any special conditions applying to the operation of the vessel. A passenger certificate is valid for a maximum of one year.
Enforcement of the law relating to passenger certificates is a matter for the Garda, who are notified of the issue of every certificate and of the plying limits, number of passengers and the expiry date of the certificate. Apart from this, Garda authorities responsible for coastal areas are aware of the statutory provisions and of the necessity to keep the operations of passenger-carrying boats under observation. It is, of course, open to any member of the public to report to the Garda or to my Department any suspected breach of the Acts in relation to passenger certificates.
The Merchant Shipping Act, 1981, provided for increased penalties in cases where the requirements in relation to passenger certificates are not complied with. The master or owner of a vessel found in breach of the law is liable on summary conviction to a fine of £100 for each passenger carried subject to a maximum fine of £600. The Garda were also given power under the Merchant Shipping Act, 1981, to detain any vessel attempting to go to sea with more than 12 passengers until a valid passenger certificate is produced.
Boats plying for hire which do not come within the scope of the provisions of the Merchant Shipping Acts relating to passenger certificates may be made the subject of bye-laws or licensing by the appropriate local authority under the Local Government (Ireland) Act, 1898, or the Public Health Acts (Amendment) Act, 1907, respectively.
I can assure the Deputy that I am seriously concerned about breaches of the law in this area. Officials of my Department have recently had discussions with representatives of maritime local authorities and the Garda Síochána with a view to stricter enforcement of the law. Arising from those discussions I am having the need for amending legislation examined.
In 1983, 17 cases of alleged illegal carriage of passengers by sea, six of which were in respect of boats plying to the Aran Islands, were referred to the Chief State Solicitor for prosecution. The Chief State Solicitor did not proceed with two of the cases for lack of adequate evidence. There were three successful prosecutions; two prosecutions were unsuccessful. The remaining ten cases are still pending.
Can the Minister indicate what amending legislation he has in mind? Is he aware that apparently Clare County Council have decided not to issue any licences in 1984 to the operators who have been on the Aran Islands route up to now as they believe that craft being used are capable of carrying more than 12 passengers? They have had very many complaints about the fact that these boats are regularly carrying more than 12 passengers particularly during the July-August peak season. In view of this and the fact that Shannonside Tourism are totally frustrated in their efforts to try to have the law enforced, would the Minister take action which would ensure that at least this year when we come to the July-August peak season——
The Deputy should frame his question in fewer words.
——there will be no danger of breaches which could lead to a public disaster?
The Deputy has done a public duty by raising this question. There is a very serious problem about which I am seriously concerned. The enforcement of the law is a matter for the Garda Síochána. The local authorities have power to make by-laws and see they are upheld. I am not satisfied that the law is being upheld sufficiently and, in view of that, I arranged for a meeting to take place between officials from my Department, western sea board county councils and the Garda Síochána to discuss the problem. I hope that, arising from those discussions, a more active interest will be taken in upholding the law and seeing to it that the law is upheld. The Deputy is correct. We could very well have a disaster if people ignore the laws which are there for everyone's protection.
Would the Minister——
The Minister would see the Deputy in his office.
I would even see Deputy Gene Fitzgerald.
The thrust of what Deputy Fitzgerald has to say is getting lighter and lighter every day. In view of the seriousness of this matter the Minister might consider including in amending legislation a provision whereby a person who breaches the law in this respect might have his boat confiscated.
That is a very worthy point and I will consider it in the review of the legislation which is going on in my Department.
Would the Minister not agree that there is an implication in this question which casts a slur on the integrity of all the passenger boat operators who carry passengers to the Aran Islands? There are two main bases, one at Rossaveal and another on the Clare coast. If the Deputy is aware of breaches, surely it would have been more appropriate for him to have brought them to the attention of the proper authorities, instead of raising the matter publicly here in such a way as to cast a serious aspersion on the integrity——
A question please Deputy.
I am asking the Minister——
What is Deputy Molloy trying to hide? This is a most serious matter.
Order.
Is the Minister aware that six or seven different operators are operating out of Rossaveal? Many of them travel to and fro perhaps two or three times in the one day. There could be 20 or 25 different trips each day during all of the summer months from Rossaveal and yet there have been only three prosecutions. I am not sure whether any of those prosecutions applied to passengers on the Rossaveal to the Aran Islands operation.
Deputy Molloy will have to frame his question in fewer words. The questions are becoming very long-winded.
There is a serious implication about the integrity of many of the operators who are very rigid in ensuring that these regulations are carried out. I have often been lucky to be the 12th person to go abroad and people after me have been stopped. They were very anxious to get on board.
I will not allow speeches at Question Time.
Deputy Molony is not doing a public service in putting down this question. It is not proper for him to imply that everybody is ignoring the regulations.
No one implied that.
I assure the Deputy that there is no intention in anything I have said, nor do I impute anything to the question, to cast a slur on anybody. The Deputy is correct. There are boatmen who observe the law rigidly as it is laid down.
The vast majority of them.
There have been abuses and not only in the case of the Aran Islands.
There were only three cases.
There are dozens and dozens of complaints every year.
The Minister should be allowed to answer the question.
The Deputy should bring his case to the proper authorities.
This is the proper authority.
This is outrageous. Questions are put to the Minister and he is not allowed to answer them.
The livelihood of these people is at stake and tourism in the area is at stake. I will not stand here and allow the tourist business of the Aran Islands to be hijacked by a Deputy from Tipperary who knows nothing about the circumstances.
Deputy Molloy will observe the order of the House.
Has he put down the question for Deputy Coogan? Why is Deputy Coogan not here? Is he afraid to put down his own question making an allegation against his constituents?
Deputy Molloy is disorderly.
I am a member of the board of Shannonside Tourism who are extremely concerned about this. I was requested to put down the question.
The Deputy should bring the matter to the attention of the Garda.
The Minister should be allowed to answer.
Deputy Molony should forget about profit and think about lives.
If the Minister is not allowed to answer questions I will adjourn the House.
I am sorry this question has generated so much heat. Deputies on all sides of the House are rightly concerned if the law is not being observed. That is not intended to cast a slur on anybody. I hope that as a result of the discussions we have had this year there will be a better observance of the law and the regulations and that avoidable disasters will be avoided.
Is the Minister aware of the need for major changes in the legislation on the licensing of passenger boats? There are many larger vessels which are enabled to carry a maximum 12 passengers only because of the severe restrictions. Those boats are well capable of carrying a much larger number. I would be greatly encouraged if I got an assurance from the Minister today that he will examine with an open mind the legislation and regulations which apply in this case and come forward with modern up-to-date regulations which will cover in a proper and adequate way the type of modern vessel which is giving service to these islands at present.
As I told the House, we are reviewing the question of amending the legislation and if the Deputy has any suggestions to make they will be considered positively.