I wish to share time with Deputies Kenneally and Callely.
Private Members' Business. - Activity Centres (Young Persons' Water Safety) Bill, 1998: Second Stage (Resumed).
Question again proposed: "That the Bill be now read a Second Time."
Is that agreed? Agreed.
I welcome the thrust of the Bill and commend Deputy Finucane on the excellent work and research in which he engaged in recent weeks to bring it before the House. Regulations are important in this area given that Ireland is an island nation. As such water and the influence of the seas have a major part to play in the lives of coastal communities. It is no coincidence that all our major cities, Dublin, Waterford, Cork, Limerick, Galway and Sligo, are located along the coast where there are many water and sport activities.
What prompted the Bill was the number of tragedies on our seas, lakes and rivers in the past. We should do everything in our power to avert other tragedies. I am happy to say we will accommodate the spirit of the Bill and take on board the spirit of what is being proposed by Deputy Finucane.
The question of water safety has not been addressed in the past. In the midland counties there are a number of water safety associations which are essentially voluntary groups. Many of these are organised and run in conjunction with the student summer job option scheme in which students participate for a number of weeks. Some are qualified lifeguards, having attained training locally. Those groups have been of tremendous benefit but they are only scratching at the surface in terms of the work that needs to be done. Regulations are needed in this area. We will have to be practical in how we approach this work as the policing of these areas will be difficult. Also, it would be difficult to apply the definition of standards. The regulatory authorities will have an ongoing task in policing this area.
There are approximately 100 centres run by private interests, whether scouting bodies or vocational education committees, providing training and participation in a number of adventure activities. These activities, which include sailing, power-boating, scuba diving, wind surfing, hill walking, pony trekking, canoeing, archery, rock climbing, abseiling, caving, pot-holing, orienteering, rafting, skiing, parachuting, ski diving and bungy jumping, involve an element of risk, thrill and excitement.
Clarification is needed on which Department is responsible for water sport. The Minister for the Marine and Natural Resources is dealing with it today but the Minister for Tourism, Sport and Recreation also has a key role because water sport is a recreation activity. Many of the centres operate for tourism purposes. I expect the Department of Enterprise and Employment has a role to play, given that the Health and Safety Authority, which is to monitor this area, comes under the ambit of that Department. The activities of the various Departments involved need to be co-ordinated.
While the Bill contains a number of definitions, it has two major omissions. There is no clear definition of "safety" or "providers of facilities", both of which need to be spelled out in detail.
Before the Bill progresses further there should be greater consultation with the Health and Safety Authority, given that the Bill proposes that the authority will oversee the various regulations to be introduced. It is not appropriate to introduce a Bill without first ascertaining whether the authority is equipped to do that type of work. Currently it deals only with health and safety issues in relation to employment matters, whereas the Bill requires it to deal with the health and safety of the public and those who pay to engage in activities. That is outside the remit of the authority and it would be a major cultural change to take on this work.
I commend the Fine Gael Party on introducing the Bill. Its purpose is to provide for the regulation of centres and providers of facilities where children and young persons under the age of 18 engage in adventure activities, including the provision of requirements relating to safety.
A proper audit should be conducted of the 100 facilities provided by private and other bodies. If we looked, we would find many more. The purpose of the Local Government (Planning and Development) Bill, 1998, is to establish a register of protected buildings. Before that Bill can be enacted the Department of Arts, Heritage, Gaeltacht and the Islands, through Dúchas, has to conduct a major survey to establish the listed buildings that need to be protected. Similarly, before the Health and Safety Authority can assume responsibility, some Departments or agent of the Government will have to conduct a proper audit of existing facilities.
The role of education and the attitude of people towards water needs to be addressed. We can introduce all the legislation we wish, but education and attitudes are much more important if tragedies are to be avoided in this area.
It is not clear whether swimming pools operated by local authorities or community groups come under the Bill.
While the Bill has many good points, it is too narrowly focused in that it relates only to water based activities. Marine based activity centres would be positively discriminated against because of extra rules and regulations attaching to them while land-based centres would not be licensed or regulated. Given the higher standards required, the public would be content to use the marine based activity centres. On that basis the Bill needs much further consideration.
The Bill mentions 18 years of age. I do not know why that age was chosen and it is difficult to pick a particular age group. It is an arbitrary figure and will make the provisions difficult to enforce. Teenagers, irrespective of whether they are aged 16, 17, 18 or 19, engage in water sports activities. It is impossible to form an accurate opinion as to whether a person is aged 18 or over.
I understand the Bill is loosely based on UK legislation. However, there is a fundamental difference between it and the Bill because the UK legislation applies to all land and water based leisure activities. The UK legislation has been in place for approximately four years and has given rise to a number of problems. The enforcement of the law is under review in England.
The intention and essence of the Bill is good but I am opposed to statutes which cannot be enforced because of lack of provision on the ground. A law which is not enforced brings all other laws into disrepute. I would prefer resources to be directed to existing laws and regulations to allow them to be enforced rather than passing new laws for which additional resources are not provided.
Another complication is that marine and non-marine activities are often provided by a single operation. They may be provided by the one activity centre and it will be difficult in practical business terms to separate the two areas. I would be happier if the Bill was more broadly based and did not only cover water based activities.
Some non-marine activities, such as rock climbing, parachuting, caving and potholing, are more dangerous than those covered by the Bill. These non-marine activities need to be addressed because there is a greater level of interest in them. There is an increasing number of sports programmes on television devoted to them and young people are becoming more interested in these activities. Legislation should be introduced to cover that area. The people involved in the industry would prefer a broadly based approach.
I understand the Government is reviewing all the options and it has set the target date of the end of June for the completion of the review, which is only a short time away. I implore the Department to ensure that the deadline is met and it brings forward a full and comprehensive report to enable the introduction of legislation in the spirit of Deputy Finucane's Bill. This would also allow the Opposition parties to work with the Government in ensuring that legislation on this area is brought to a conclusion as soon as possible.
I thank Deputy Fleming for sharing his time. I am delighted this topic is finally being discussed in the House. I am also delighted to have the opportunity to contribute to the debate.
I commend Deputy Finucane for introducing the Bill. It is largely inspired by the case of a constituent of mine who lives in an adjoining housing estate. He suffered a tragedy on 18 February 1995 when he lost his son in a drowning incident off Dunmore East. What happened that day bordered on criminal neglect. I first met the constituent on 16 October 1995. My party was in Opposition at the time and I tabled a number of parliamentary questions on the matter. I also spoke to my party's spokesperson on the marine and I hoped we would introduce a Private Members' Bill, but unfortunately that did not happen. It is three and a half years since my initial meeting with the constituent and I am embarrassed that it has taken so long to reach this point. However, at least we are finally making some progress.
There was much frustration at that time because a number of Departments were involved. When one went to the Department of the Marine, one was referred to the Department of Tourism and Sport which referred one to the Department of Education. It was a difficult situation.
In researching and looking back at some of my notes for this debate, I read the contribution the constituent made to the inquest which was held in October 1995. The man's comments were heart rending and all parents could sympathise with him. Most Members are parents and we are lucky because we can do something about this matter by introducing legislation. We can change the situation and I hope we will do so.
The Minister was initially reluctant to accept the Bill because, among other things, it relates only to one area of adventure activities. However, this should not stop us because, as Deputy Finucane said, the Bill is only a start. Further legislation could be introduced at a later stage to bring the other areas into line. As Deputy Fleming said, there are problems with the English legislation on which the Bill is based. However, a review is due to be completed at the end of June. I hope the report is produced before that date and that legislation can be introduced as soon as possible.
People have an increasing amount of leisure time and because Ireland is a coastal nation, people will inevitably turn to various aquatic pursuits. It would be nice if the existing regulations were adhered to and it was unnecessary to introduce legislation. However, they are dangerous sports and the recommendations and regulations are not being enforced. The House is often in the position of trying to save people from themselves and this is the purpose of the Bill. It is most important to protect young people. When parents send their sons and daughters to activity centres, they want to do so in the knowledge that they will be properly protected.
A friend of mine was present in Dunmore East on the day the incident took place. He told me later that evening that he could not believe the canoes were out on the water that day because the fishing boats were tied up. It is not good enough. If legislation had been in place at that time, the canoes would not have gone out. I realise progress has been made with regard to various safety recommendations and that is welcome. However, it is easy to ignore them. For example, the Irish canoe union approved people who were not even qualified. It is imperative that statutory effect is given to the various recommendations.
In 1990, the Department of the Marine issued a report by the review group on air-sea rescue services. This report was commonly known as the Doherty report after the group's chairman, the former Garda Commissioner, Eamonn Doherty. Most of the report's recommendations have been implemented but two are outstanding. It was recommended that coast and cliff rescue units should be deployed to provide a visual coast watch where and when required. It was stated that mobile units could provide bad weather watches and that the director of the Irish Marine Emergency Service should draw up a plan identifying areas and situations where mobile watches would be needed. It was also stated that coast and cliff rescue service area officers should be trained as local search and rescue liaison officers linking sea and land-based rescue agencies. If these had been in operation when that tragedy occurred, it would have been the function of the area officer to advise people going out on the water in such conditions to return to shore as their position was dangerous. It would have also been the area officer's function to act as local co-ordinator during the search and rescue operation.
Tourism will be the largest industry on this island in the near future. That presents many opportunities – there is huge potential employment in it. There is, however, also a social dimension. Children love water. If we can encourage children from deprived urban areas to come out of the city to properly licensed and run adventure centres, it will help to keep them out of trouble. It will make them more responsible because of the discipline it will instil in them. This Bill would therefore have a benefit for society beyond its primary function.
I commend Deputy Finucane on this and hope that we will not be forced to divide on the issue later this evening.
I compliment Deputy Finucane on his initiative to focus our attention on the need for appropriate legislation and regulation in the operation of adventure centres.
Due to the tremendous growth in our tourism industry, the additional disposable income available to many and the awareness of the importance of sport, leisure and recreation, there is an increasing trend towards the use of adventure centres, especially towards water based activities.
Given our many lakes, canals, inland waters and miles of coastline which could accommodate water based leisure and adventure activities, and the great potential for further development, I support the view that legislation is essential in this area. I have tabled a number of questions to the Minister on this issue. The Minister of State is not satisfied that the proposals in the Bill go far enough and clearly stated that a comprehensive review of the regulatory requirement for all adventure centres and activities is required.
There is huge diversity in the number and type of adventure activities. I would like to see a legislative approach which would adequately address the total range. I envisage difficulties in that challenge, however, because the range is so diverse.
We are all aware of the tragic accidents at sea. Given the increased use of water activities it is appropriate that we start framing legislation to prevent them. We should not wait for more accidents before commencing what is necessary.
I have often raised the issue of jet skis and high powered speed boats. I was bitterly disappointed with the Minister's response to the question I tabled on 27 May, when he indicated that his responsibility solely relates to safety on water in so far as vessels, passengers and crew are concerned. His interest in water sports relates to the safe operation of sports where vessels or boats are used. The Minister has primary responsibility in this area. In a safe bathing area there may be dedicated swimmers, young children learning and people having a fun day out. It is not uncommon to see surfers surfing in and now high powered speed boats and very dangerous jet skis among people using the water for other purposes. It is appropriate that we clearly define responsibilities for all concerned.
I am disappointed the reply of 27 May states that self-regulation by individuals is the policy of the Department. That is not a practical or effective approach. There are irresponsible people who will show off in their high powered speed boats and jet skis. I ask the Minister to review that policy. While the Minister acknowledged that there was public concern about this, he again stated that self regulation was the policy in reply to a question on 1 July. In the Dublin Bay area, particularly Dollymount and the surrounding area, I have witnessed young people using jet skis and high powered speed boats. I do not believe self regulation works; it is not possible to police it for boats of this nature. Before a tragic accident happens, something must be done. The Minister is committed to addressing the full range of adventure activities. He should make a start by examining regulations for jet skis and speed boats.
I was in west Cork and decided to take a trip on a leisure boat. There were two families with young children on board. One of my kids was nicknamed "Captain Smith" by the pilot who hit a rock where we became stranded for a period long enough to become frightening. When I looked around the boat, there was not a life jacket to be seen. This was a licensed boat operating from a pier with seemingly appropriate safety procedures.
Current regulations are not satisfactory. I ask the Minister to look at Deputy Finucane's initiative and come back to the House with appropriate legislation dealing with water based activities as soon as possible.
I thank my colleague, Deputy Finucane, for sharing some time with me. I was unable to speak on the Bill last night. When my colleagues, Deputy O'Shea and Deputy Finucane, contacted me about the Bill on behalf of the parents concerned, I had no hesitation in saying I would support it. As a parent who lost a son under similar tragic circumstances, I can understand the problem and I congratulate Deputy Finucane on bringing forward the Bill.
It is important that the necessary safeguards contained in the Bill are introduced to protect not just young people but all of those engaged in water sports. I was particularly impressed by the fact that all my colleagues on both sides of the House supported the Bill. I thank the Minister also because it is rare for a Private Members' Bill to go through the Dáil; Deputy Shatter's Bill was probably the last to do so. It is nice for Deputy Finucane to have a Bill in his name on the Statute Book and it is equally important that the Government should recognise that.
This may not be a major Bill to some people but it is important to those who have been affected by similar tragic circumstances as occurred in this case. It is nice to know that democracy will prevail in the House. On behalf of the Labour Party I assure the Minister and Deputy Finucane that we will give our full support to the Bill. I hope the House will not divide on this issue.
I wish to share time with Deputies Perry, Ring and Deenihan.
Agreed.
I congratulate my colleague, Deputy Finucane, on bringing forward the Bill. It is essential that these regulations are put on a statutory footing because there has been a huge increase in these activity centres in recent years. Over the past few years I have sent my children to a number of these centres in Cork during the summer months. It is important that we teach our children how to properly use the water for sports purposes. As an island nation we have a great maritime tradition and safety is important regardless of whether people use the water for sailing, canoeing, boating or wind surfing. I have always encouraged my children to enjoy the water because I did not enjoy it as a child.
I have put my six year old son on a bus in Cork, he was brought to one of these activity centres and brought back home in the evening. Having spoken to Mr. Michael Davies from Dunmore East it occurred to me that I just assumed these people would look after my son and that all the proper procedures would be in place. While I do not doubt that these activity centres are professionally run, mistakes can happen if proper regulations are not put in place. These children go out in canoes. They are supposed to be wearing lifejackets but who supervises children, who may never have seen a lifejacket before, when they are putting them on? Do they ensure they are properly secured? Is there regular inspection of the belts? It is all very well having a lifejacket but if it does not work when it is needed, the child is in trouble.
It is essential to have the right attitude to lifejackets. It should be automatic as in the way we fasten our seat belt in a car. Nobody should go near a boat unless there are lifejackets available. Some people appear to have a casual attitude to lifejackets – Deputy Callely described earlier how he found himself without a lifejacket on a boating trip. Lifejackets are essential but we do not pay sufficient attention to them in terms of safety at sea. Putting on a lifejacket is a procedure that young people can learn automatically, just as they should learn to listen to the weather forecast.
The tragedy in Dunmore East was mentioned earlier. Mr. Davies told me he did not know his son would be out in a canoe that day and his permission was not sought. It is essential that parents are consulted. This was a 14 year old boy, the type of person this legislation will protect.
I commend Deputy Finucane and I am delighted the Government proposes to accept the spirit of the Bill. Comments were made to the effect that it only refers to water-based activities but it can be extended to other activities. Our spokesperson on sport, Deputy Allen, is examining that. There is no reason we cannot enjoy water-based activities but the safety of our young people must come first. Safety learned at a young age will hold for life.
I compliment my colleague, Deputy Finucane, on this important initiative. I want to recognise also the magnanimity of the Minister in accepting the Bill. This is the second Private Members' Bill to be accepted in the House in the past six weeks and it shows that the Opposition can have a meaningful role in coming up with practical proposals.
As a former physical education teacher, I am well aware of the necessity for regulation of outdoor activity centres on the coastline as well as inland centres throughout the country. Our tourism industry is becoming more focused on activity-type holidays. More walkers are coming to Ireland than golfers. We have a massive resource in our seas, with 2,000 miles of coastline. County Kerry alone has 300 miles of totally under-utilised coastline. That is a resource we must exploit. As we begin to recognise that vast natural resource, we will capitalise on it through outdoor activities.
I remember an incident that occurred ten years ago in which an experienced canoeist, who regularly used a fibreglass canoe, used a plastic canoe for the first time. If one turns over in a fibreglass canoe the recovery manoeuvre is different from that used in a plastic canoe. The instructor never told them how to get out of the canoe and he was nearly drowned. This person was quite a good canoeist in a fibreglass canoe.
This indicates the need for proper regulations and safety procedures in outdoor activity centres. The Minister will arrange a special committee to examine the totality of the requirement for all centres. It is important that regulations are in place and that instructors are properly qualified. In many cases people who may be good at sport suddenly become professionals and instruct young children without having been put through a course on normal safety precautions. One sees people going fishing or sailing without life jackets. Many fishermen never use life jackets and cannot swim. People do not realise the danger until they are in trouble.
The essence of the Bill is the need for more regulation and awareness and that people should not be able to establish outdoor activity centres at a whim. It should not be easy to obtain a licence. There is an appeals provision in the Bill whereby people can go to the High Court if they are refused a licence. The Bill also sets out reasonable parameters concerning those who should qualify.
Outdoor activity centres can provide important jobs in tourism and there are spin-offs for B&Bs, local hostels and restaurants. It is important that we encourage the growth of these centres but they should be properly regulated and run in a professional manner.
Cappanalee Outdoor Education Centre in Kerry is one of the finest outdoor activity centres in the country. It has been in operation for over 20 years and there have been very few incidents as it observes very high standards of safety procedures and control. Cappanalee is an example to other centres. The manager has been at the centre for almost 15 years and this is an indication of his commitment and dedication. The centre offers canoeing, wind surfing, sailing, mountaineering, hill walking and a range of other activities. Safety is the primary concern in the centre. Before anyone is allowed to go walking they must go through a drill which outlines safety procedures. That is very important.
I compliment Deputy Finucane on this opportune Bill and thank the Minister of State for accepting the Bill in the spirit it was intended.
I congratulate Deputy Finucane on this excellent Bill and the Government for indicating that it will take the Bill on board. That is good government.
The purpose of this Bill is to provide for the regulation of centres and providers of facilities where children and young persons under the age of 18 engage in adventure activities, including provisions relating to safety.
Sligo's saddest day was 16 May 1998 when three teenagers under 18 years of age, Bobby Taylor, Michael Higgins and Tommy Coyle, lost their lives on Strandhill beach. No family should ever again suffer in the way in which the families of these young men suffered. I know the three families. These were three brilliant young men due to sit their leaving certificate the following week. On the only good day of the summer they went to Strandhill beach to play football and lost their lives within 30 minutes. This Bill could be a tribute to the lives of these young men if it ensures that such an accident never happens again.
The regulation of safety should be undertaken by the Government. In a letter dated 2 February 1999, the Minister for the Marine and Natural Resources, Deputy Woods, stated:
The Irish Marine Emergency Service, IMES, of my Department are currently working with the Department of the Environment and Local Government with the proposal to have a liaison agreement with lifeguards which would affirm the lifeguard service as a "Declared Facility" to the IMES. This would incorporate the lifeguard service in the co-ordination of rescue efforts in the event of a marine incident.
It is important that co-operation exists between Departments.
I wish to raise an issue concerning the National Safety Council whose sole responsibility it is to inspect beaches. Its instructions to local authorities, which are classified as confidential, concern the area known as the beach line and are intended to assist authorities to take whatever action is considered necessary to improve the safety of the area surveyed. This report is made in good faith in the interests of promoting water safety. The report covers the period of inspection over two or three weeks and relates to facts as found or viewed within the defined survey areas. It is not a survey of the adjacent waters or of the area beneath the water. Where appropriate, the report may contain historical or common knowledge references to the survey area, shifting sands and so on.
Water safety is a comprehensive issue and the Minister should look at the guidelines concerning the NSC so it can deal with marine safety. The NSC deals with all inland safety issues. Inspections were carried out on Strandhill beach in 1992, 1994, 1996 and 1998. I received a letter from the Irish Surfing Association which stated that it was disappointed with the way in which the report first came to its attention – it heard about it on the morning news. The letter states:
As the national governing body of surfing in Ireland and the authority on the sport it would have made sense to have consulted the association when researching the report. It would appear to us from reading the report that it was carried out by somebody who has very little knowledge of the sport of surfing.
The report claims that the beach is not a designated surfing beach. As far as the Irish Surfing Association is concerned the beach has been designated as a surfing beach for the past 25 years. The beach is also listed in the Bord Fáilte leaflet Surfing in Ireland as a suitable beach for surfing. It is mentioned in the Stormriders Guide for Europe, the acknowledged travellers reference, as a major surf spot.
The report states that surfers who became detached from their boards now become swimmers. Surfers wear leashes which attach them by their ankle to their boards so when they fall off their boards they are still attached.
On the issue of safety on beaches, the National Safety Council should consult more widely with all concerned – local authorities, the IFA, and surfers. The Marine Safety Working Group has been set up by the Department of the Marine and Natural Resources in conjunction with other maritime bodies. The group has published safety booklets on a variety of maritime activities. The IMES has also published safety posters in conjunction with the National Safety Council. These booklets should be made available to schools. There is a huge lack of knowledge. The three young men who died in Strandhill did not have enough awareness. One of them had never been to Strandhill before they went for a game of football on the beach. The tragedy could have been prevented if these booklets were made available through schools.
However, the direction of such notices and the appointment of lifeguards as well as overall responsibility for safety at beaches is under the remit of the local authorities. Ultimate responsibility rests with the Minister for the Environment and Local Government. There should be more co-operation with regard to safety. Responsibility lies with the different local authorities along the coast but there should be a separate body to deal exclusively with maritime safety, particularly safety at beaches. It should not be left to the local authorities. They might not have the funds or the discretion to impose their authority.
Water activities is a huge sector. There should be co-ordination in promotions when beaches are opened and declared safe for swimming. I pay tribute to the three tragic young men who lost their lives in Strandhill less than one year ago. They should have been in third level college today. The Minister must ensure that such an event never occurs again. There should be a State body to deal exclusively with safety on the coastline.
I pay tribute to Deputy Finucane. It was one of the Government's greatest decisions to accept this Bill and to introduce legislation for proper controls and regulations to ensure that no family will again have to suffer tragedy due to lack of knowledge and awareness and an inability to swim.
I wish to make a final appeal to the Minister. There is no activity centre in Sligo. Funding is required for the provision of such a centre and I look forward to putting a proposal to the Minister in this regard in the near future.
I compliment Deputy Finucane. Since he was appointed Fine Gael spokesman on the marine and natural resources he has settled well into the job and takes a great interest in it. When one goes into his office, he is surrounded by bags of books and letters which he uses for his research. He had a particularly keen interest in the introduction of this Bill.
There is hardly an area of this country where a family has not seen one of its members die tragically in water. Many activity centres have sprung up on our coasts over the years and there are no rules or regulations to regulate them. I am delighted the Government accepted Deputy Finucane's Bill and that it intends to introduce similar legislation to regulate this important sector. It is time for such action.
A friend of mine went surfing in Westport one Sunday. There were hundreds of people on the beach but she was dead within two minutes. It was a tragic accident. There was nobody there to deal with the problem so they had to wait for the right people to arrive. The young lady died and it was a terrible tragedy for the family. Her mother was a widow who was left with one surviving son. They will never forget the day they got that terrible news.
I hope when the Bill is next brought before the House, we will discuss the activity centres throughout the country. Many of these centres are sponsored by the State through the vocational education committees. They have an advantage over the private sector. I know of somebody in my constituency who sold his home and bought a business in this sector. He finds it difficult to compete with the public sector centres. They get subsidies from the VEC and it does not matter whether they have a good or bad year because they know somebody will pick up the tab for them. That is wrong.
There should be grant aid for people who are setting up private businesses in this sector. They should certainly get the same help other centres receive from the vocational education committees and it is wrong that they do not. If regulations are introduced for the private sector, they will also apply to the public sector. Rather than cutting prices and undercutting private operators, it is time this sector was regulated. That is why this Bill is before the House.
People have talked about this for the past five or six years and at last something is being done. I hope the Minister will ensure that proper legislation is brought before the House and that he will honour the commitment he gave Deputy Finucane. People who go out to enjoy themselves in water activities should know there are proper regulations and trained personnel in place to regulate those activities. Hopefully, there will be no more of these tragedies.
I welcome the Bill introduced by Deputy Finucane, Fine Gael spokesman on the marine and natural resources. It is long overdue. The Activity Centres (Young Persons' Water Safety) Bill is a major step forward towards ensuring no more serious fatalities occur on our coastline.
Young people are inclined not to dread the danger of the sea. I come from the seaside constituency of Cork South-West and I am aware of the importance of seaside facilities which are an attraction for tourists throughout the year. It is most important that these tourists be advised, as far as possible, of the dangers that lie in their paths. It is of paramount importance that activity centres be compelled to give full instructions to their young and adult clients. They must take every precaution possible to ensure they do not get into difficulties. However, it is hard to impart such information.
Visitors from Germany, Holland and other countries tend to visit our coastal resorts around Christmas. They go out walking on the cliffs, often walking down the beach to the water's edge. Suddenly, a giant wave surges forward and sweeps them off the rocks. I have seen that happen on numerous occasions. Every year for the past ten to 15 years has seen a tragedy caused by that activity. These people should be advised of the dangers of walking on the headlands. It is hard to put an old head on young shoulders. However, it is vital for the safety of all concerned that as much knowledge as possible is imparted to water activity enthusiasts who pursue their activities both in the water and on the rocks.
The Irish Marine Emergency Service has given a superb service since it was established. The Minister is also from a coastal constituency so he is well aware of the rigours involved in providing that service. He is also aware of the quality of service given by the IMES. I implore the Minister to maintain the funding of that worthwhile organisation. It has played its part in trying to make our coastline and marine activities safer than ever. Its members have spent days and weeks tracking the coastline in search of people who are missing after falling from rocks.
The Minister has the experience, courage and dedication to put this legislation into force. I do not doubt he will ensure that outdoor activities are made safer in the years ahead.
I wish to share my time with the Minister for the Marine and Natural Resources, Deputy Woods.
Acting Chairman
Is that agreed? Agreed.
I am delighted to address the Bill before the House and I compliment Deputy Finucane on introducing it. As a Deputy representing a coastal constituency, I am aware of the serious problems encountered by many young people concerning their safety at sea. I am also president of the Killybegs IMES. I agree with what Deputy Sheehan said. Problems often arise due to the negligence of people who do not take even the simplest precautions when they leave to go abseiling, hillwalking or climbing cliffs. Self-regulation is not in the mindset of the Irish or of continentals. Therefore, legislation and supervision of its implementation will be paramount.
I am glad the Minister has taken on board the concerns of all Members. I look forward to the introduction of legislation in this area, which will encompass not only water sports and water safety but many of our other outdoor activities. A tremendous outdoor pursuits centre is run by Donegal VEC. Its pursuits include canoeing and other activities at sea, as well as many other activities, including hillwalking, abseiling and rock climbing. The new legislation should be all encompassing.
I would like the Minister to address an anomaly in regard to swimming pool safety in this legislation. This issue also concerns the Department of the Environment and Local Government. Any Members who are county councillors will be aware of the stringent regulations that apply to the supervision and insurance of swimming pools. However, with the growth of tourism many private pools and leisure centres have been set up which are not properly regulated. Having regard to the dreadful tragedy that occurred in a crowded swimming pool in Killybegs, regulation of such facilities should also be included in the new legislation. If we want to promote outdoor activities and the health of the young and not so young, we must take account of the many concerns regarding safety on land and on sea and ensure the necessary protection is included in an all-encompassing Bill.
Minister for the Marine and Natural Resources
(Dr. Woods): I am pleased to have this opportunity to participate in the debate on this important issue. I welcome the initiative taken by Deputy Finucane in introducing this measure. I wholeheartedly endorse the spirit and intention of the Bill. I support the view that a strong regulatory regime must be introduced as soon as possible. I set up an interdepartmental working group for this purpose to ensure that the issues are dealt with comprehensively.
I would have liked to have been here last night for the introductory statements, but as my colleague, the Minister of State, Deputy Hugh Byrne, explained I was detained in Brussels at an important EU Council of Ministers meeting. I thank Deputy Finucane for the best wishes he extended to me in that regard. I also thank the Minister of State for standing in for me and briefing me on the debate.
From the content of last night's debate, it is clear there is general agreement that the question of a proper regulatory regime for activity centres needs to be urgently addressed. The Bill gave Members an opportunity to express their views on the issues concerned. Doubt was expressed that the Bill in its present form may not be the ideal vehicle. I noted the remarks by Deputy O'Shea in that context. The Minister of State, Deputy Byrne, also outlined some of these difficulties. I share those doubts, but having regard to the non-adversarial and non-controversial spirit in which debate was conducted, I can indicate the Government is anxious to bring forward a Bill of this kind as soon as possible to meet the concerns of Deputy Finucane and others.
There is general agreement that urgent action needs to be taken to tackle the question of unregulated adventure centres and to ensure the safety of all those, particularly young people, who avail of their services. In the meantime work will proceed urgently on a detailed examination of what needs to be done by the interdepartmental working group I established. That group, comprised of senior representatives of the Departments of the Marine and Natural Resources, Education and Science, Environment and Local Government, Tourism, Sport and Recreation and Enterprise, Trade and Employment, is chaired by Mr. Michael Guilfoyle, Assistant Secretary of my Department. I asked that the group produce a report by the beginning of June. When I receive that report, subject to the usual requirements for its submission to Government, I will make it available to Deputy Finucane and other spokespersons. Following consultation, I look forward to the introduction of what, in effect, will be agreed and comprehensive legislation.
I can also inform the House that the RNLI proposes to institute very shortly the sea check scheme, which has proved very popular in the United Kingdom and has made a significant contribution to the safety of people participating in marine leisure activities of all kinds in that jurisdiction. I understand the RNLI will station experts at as many slipways and access points as possible around the coast during the high season and advise people, who propose going to sea therefrom, on the safety requirements they should observe. This will be done on a voluntary basis.
I congratulate the institution on another fine initiative. I have no doubt it will make a major contribution to safety at sea and I look forward to announcing further details in due course.
I propose to get in contact immediately with the Association for Adventure Sports, AFAS, the umbrella group for these sports, and request it to produce immediately strong guidelines that should be observed by all adventure centres pending the outcome of the deliberations of the working group and the finalisation of a Bill.
I met the officer board of this association last autumn and was struck by its obvious determination to participate to the full in the safety drive on which we are now all agreed. It proposed two alternative approaches to me at that time. These form the basic working documents on which the work of the working group is proceeding. One is a statutory scheme and the other is the issue of ministerial guidelines, which would be observed on a non-statutory basis. Under the first proposal, the statutory scheme, the Minister for Tourism, Sport and Recreation would issue licences to people providing training, leadership, instruction or supervised activity in any of a listed number of adventure activities to people of any or all ages and provision should be made to include additional activities.
The licensing scheme should not apply to schools providing such activities to their own students but should apply to outdoor education centres, permanent outdoor centres run by scouting or other organisations and to such other organisations as the Minister decides. The Central Standards Board should be designated as an advisory body to the Minister and as the inspectorate responsible for monitoring the adventure activities of providers who have applied for licences with the purpose of ensuring safety and good practice. In fulfilling its role, the Central Standards Board should pay due regard to safety guidelines laid down by the national governing bodies and the Minister should attach such conditions as he thinks fit to the issuing of a licence.
The national governing bodies of the relevant activities should be required to maintain easily accessible and up to date records of institutional award holders and these should be made available to the board as required. Appropriate penalties should be imposed on persons or operators who breach safety regulations laid down by the Minister or who fail to meet conditions attached by him. Providers should pay differential fees based on the number of activities provided and the Minister should provide grants to the inspectorate in respect of such expenses as are not met by licence fees. The alternative proposal was that the Minister for Tourism, Sport and Recreation should issue guidelines pertaining to safety and good practice based on the Central Standards Board booklet inspection and approval scheme, and these would be widely circulated. There is a variety of other interesting proposals in that which are being considered by the board. They will enable the working group to come up with a workable regime that it can recommend to me, the Government and the Opposition so that we will have a well-rounded implementation system of regulations which will be to the satisfaction of everybody involved.
In the meantime, following the tragic loss of two young canoeists at Dunmore East in February 1995, my Department made new safety recommendations. These include making equipment highly visible so that rescue services can more easily locate people in need of assistance, and the carriage of whistles, hand flares and hand-held VHF radios by canoeists. These and other recommendations, which were outlined in detail by the Minister of State last night, are already in operation. Since 1997 my Department has been issuing leaflets and advice for canoeists which include these recommendations. This is now part of our constant campaign to promote safety on the water in association with the National Safety Council, the ISA, the RNLI, IMES and other Government Departments and State agencies.
I have requested the committee to publish its report by early June. This would enable us, and it would be my objective, to draft legislation before the summer recess. I will take up that with the Opposition to see how we can make progress on such a programme. We need extra regulatory powers to comprehensively address the issues of safety in our growing water-based leisure activities.
Deputy Finucane has highlighted these issues for the House in bringing forward this Bill. My concern is that the Bill goes only so far. I invite him to co-operate with me in going the rest of the way to bring in the comprehensive legislation we both want. We have had excellent contributions to this debate over two nights. I thank Deputy Finucane for bringing forward his proposal. I assure him I am totally committed to proceeding as early as possible along these lines. I know he understands that various Departments are involved. Therefore, if we want to have the truly comprehensive legislation we all want in this area, the inderdepartmental group will provide us the basic material and a point from which we can take off. I will consult Deputy Finucane and other Front Bench spokespersons at that stage so that we can introduce agreed legislation which would be a major step forward. I trust Deputy Finucane appreciates my sincerity in this regard.
I wish to share my time with Deputies Belton and Finucane.
Acting Chairman
Is that agreed? Agreed.
Cuirim fáilte roimh an Bhille seo agus molaim an Teachta Finucane as é a chur ós comhair na Dála. Tá fhios againn go léir go bhfuil méadú mór ar an uimhir daoine – go speisialta daoine óga – a ghlacann páirt sna imeachtaí spóirt a chlúdaíonn an Bille seo. De ghnáth ionaid eachtraíochta a eagraíonn na himeachtaí seo agus molann an Bille go mbeadh orthu clárú le rialacha sábháltachta áirithe.
Nuair a chumhníonn muid ar an méid táismí uisce a tharla le blianta anuas tá sé thar a bheith in am an Bille seo a chur tríd an Oireachtas. Tá seanfhocal sa Ghaeilge a deir go mbíonn a cuid féin ag an fharraige agus is fíor é sin.
Go minic ní thuigeann daoine óga chomh contúirteach is atá an t-uisce agus is beag bliain nach dtarlaíonn tragóidí in uiscí ár dtíre ina gcailleann daoine óga a mbeatha.
Tá sé tábhachtach go mbeadh rialacha daingne i bhfeidhm a mbeadh seasamh reachtúil acu agus sin go díreach an rud a mholann an Bille seo.
I welcome the Bill and commend Deputy Finucane on its introduction. The Government should have introduced such a Bill.
The purpose of the Bill is to regulate providers of facilities and centres where children and young people under 18 years of age engage in adventure activities. More and more young people are participating in these activities, which include rock climbing, caving, pot-holing, skiing, parachuting, sky-diving, bungy-jumping, kayaking, sailing, power boating, scuba diving, wind surfing and many others.
A common theme surrounding such adventure activities is that besides being fun they all involve risks, some more than others. The dangers that accompany these activities are what the Bill is attempting to minimise. The Bill is an effort to encourage the participation of young people in these activities while regulating the activity centres which provide mostly water-based sports. The purpose of the regulations is to minimise the risks involved and consequently maximise safety standards. As Deputy Coveney rightly noted yesterday evening, many of the centres are already professionally operated and have a superb safety record. However, statutorily based regulations can only improve standards and therefore safety.
Even to the most experienced people, water can be deceptively dangerous. When we combine that observation with the mentality of invincibility of young people, the risks associated with adventure activities become much greater. The safety of our young people is our responsibility. From experience we often know better than they do. Consequently, we must do everything in our power to ensure their safety.
Participation in these activities should be encouraged, but we should make the activities as safe as possible. That is our responsibility. We can participate by enacting this young persons' water safety Bill. Put simply, it proposes that a licensing system be set up by the Minister for the Marine and Natural Resources in co-operation with the Health and Safety Authority. The authority would implement the licensing system and make proposals for safety regulations. It would consider licence applications individually and decide on suitable regulations and conditions for each potential activity centre. Also, the Department of the Marine and Natural Resources will have to finance the necessary extra resources the Health and Safety Authority will require.
Implementation of this Bill will cost money and cause inconvenience to people, especially in the water activity business. However, if enacted, it will save lives. Even if it saves only one life, it will be well worth the money and inconvenience that will accompany its implementation. If we allow the Bill to fall and lives are lost as a result we will all be culpable of negligence. I am glad the Minister has indicated he supports the proposals in this Bill in principle and that steps will be taken as soon as possible to bring in the regulations.
The weather can be a critical factor in determining safety while engaging in outdoor activities, whether water-sports, mountaineering or hiking. The weather can change suddenly and without warning in coastal areas. Organisations and instructors should be obliged to contact the meteorological service to get an accurate forecast for the next 24 or 48 hours during which the activity is to take place. Such a precaution would lead to greater safety. Prior to an event the rescue services should also be notified of particulars of the area to be covered by the activity and the likely starting and completion times. It should be obligatory for each group to have at least one mobile phone and in the case of water trips there should be radar detectable strips on the craft, and wet suits. I have heard rescuers state that one of the greatest difficulties and obstacles they encounter is identifying the exact location of those in need of rescue.
All water-based equipment should be regularly examined and maintained and should also be of a deep orange colour to provide maximum visi bility. These are only a few measures that would greatly assist in making these activities much safer for young participants.
At present the entire system is organised on a personal policing basis, which is unacceptable to say the least. There are simply too many lives at stake to have it on such a haphazard basis. In the UK, safety regulations are on a statutory basis and it is essential that we adopt similar procedures. Annual audit of equipment and personnel by statutory officers is essential and the enactment of the Bill would enable this.
Coming from a coastal area I can recall many tragedies at sea, involving young people, fishermen and holidaymakers. There is seldom a year during which we do not experience loss of life in the county through drowning. One can only imagine the amount of suffering caused to bereaved families through such loss, particularly during the long searches for remains, which unfortunately are not always successful. There is a mystery, finality and a sadness about drowning and one recalls Synge's Riders to the Sea. This Bill is designed to prevent such tragedies involving suffering and loss. I am glad the Government agrees with it in principle and I look forward to measures being taken and a Bill being introduced, preferably before this summer, enabling statutory regulations that such centres can be made to adhere to.
I compliment Deputy Finucane on bringing forward this important Bill. I also compliment the Minister on his agreement and enthusiasm in pressing ahead with it. It is a sign of healthy politics. It also provides a good headline for the House showing that Members of all parties are at one on this issue and are genuinely interested in introducing such important regulations.
Ireland has become a major tourist destination and tourist figures are leaping ahead all the time. However, where one has activity involving people one must also have order, which has to be achieved through legislation and regulation. The Bill can only help to further this aim.
Recent years have seen a significant growth in the number of outdoor adventure centres, many of which are located on the coast or in lakeland areas. They are engaged in a range of water-based activities, including canoeing, sailing and surfing. Nine such centres are operated by vocational education committees, one of which I have personal experience of. Parents like to feel their children are in capable hands when they engage in outdoor pursuits and that activity centres are properly organised and supervised. Fine Gael recognises that many of these centres are professionally run but because of the nature of their activities, proper safety standards are both desirable and necessary.
At present there is no statutory control of out door activity centres, although some centres are subject to a voluntary code of safety standards devised by the Association for Adventure Sports. Activity centres providing water-based sports activities to those under the age of 18 should be regulated.
The Bill proposes the establishment of a licensing system by the Minister for the Marine and Natural Resources in co-operation with the Health and Safety Authority. I pay tribute to Deputy Finucane and to the Minister for a fine day's work.
I am very pleased that the House is not divided on this issue. Anybody listening to contributors to the debate, both yesterday and today, will have noticed unanimity on the necessity of introducing regulation of adventure centres. In preparing this Bill, I recognised that we were focusing exclusively on water-related activities. One could quite rightly say that the scope of the Bill should be broader and apply to all adventure centres. I accept that but in looking at it originally I found that many Government Departments were involved. For an Opposition Deputy it would be difficult to produce a broad based Bill to accommodate all those sectors. That is proved by the committee the Minister has established, which involves five Government Departments.
I respect the stance adopted by the Minister of State, Deputy Byrne, and the Minister, in our discussions on this Bill over the last two days. The Bill has provided the catalyst with regard to taking action on this important area. I am pleased that the Minister, with whom I fully agree, has decided, based on these discussions, to fast-track the committee towards concluding its findings quickly. On account of the urgent necessity of this Bill he will also try to fast-track the legislation to 1 June. I am sure the Minister will achieve that objective, recognising all the contributions made in the House and the urgency of proceeding with this legislation. I am sure he will communicate that to the chairman of the committee, Mr. Michael Guilfoyle, Assistant Secretary of the Department of the Marine and Natural Resources, a very meticulous man who will respond positively.
With regard to the adventure centres, I am anxious to have the regulatory framework in place before the summer recess. I welcome the fact the Minister has said it is his objective to ensure that the committee meets and presents a report. I would welcome a copy of that report when it becomes available. We will then proceed towards having the regulatory system in place before the summer. Everyone would agree that this is a positive step.
Given the spirit of co-operation on both sides of the House, we empathise with the difficulties faced by many people in the past who have been concerned about these adventure centres. I recognise that many of the centres are professionally run but the Bord Fáilte promotional literature really focused my mind on adventure centres when I saw them being marketed for children as young as four or five years of age. Parents whose children avail of these centres – many of which are commercial operations and some of which are run by vocational education committees – are entitled to the comfort and knowledge that safety procedures are ensured by a regulatory mechanism providing for policing and licensing through the Department of the Marine and Natural Resources. If anything, that will enhance the profile of outdoor adventure centres, which represent a growing business due to the increased amount of leisure time available. Parents are committed to giving their children such outdoor experiences.
Mr. Michael Davies has been in the Public Gallery to hear the contributions of Members, both yesterday and today. Following our discussions he is happy that there is a sense of urgency regarding the introduction of a regulatory framework for adventure centres. The personal trauma he suffered through the loss of his young son in February 1995 has been mentioned often in the course of the debate. The discussions I had with Mr. Davies helped in focusing on the necessity to do something in this area. I know that many Members, including the Minister of State, Deputy Byrne, will have had similar discussions. I am glad we are doing something positive in this area before the summer recess, as I would not like to reintroduce this Bill. I welcome the co-operation on all sides.
I move:
That notwithstanding anything in Standing Orders or the order of the Dáil yesterday, the debate on Second Stage of the Activity Centres (Young Persons' Water Safety) Bill, 1998, shall stand adjourned until such time as it is ordered to resume by an order of the Dáil.
Question put and agreed to.