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Seanad Éireann díospóireacht -
Wednesday, 3 Jan 1962

Vol. 55 No. 2

Pilotage (Amendment) Bill, 1961— Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

The purpose of the Bill is to modify certain provisions of the Pilotage Act, 1913, to facilitate the introduction of a more efficient, economical and up-to-date pilotage service at the port of Dublin. There has been a progressive increase, in recent years, in the cost of operating the existing pilotage service. It is clearly desirable to avoid further increases and, if possible, to reduce costs, as they are reflected ultimately in the cost of goods transported. For these reasons, I have been pressing the Dublin Port and Docks Board, who are the Pilotage Authority at Dublin, to introduce a comprehensive reorganisation scheme.

The scheme which they have prepared follows a comprehensive review of the technical and safety aspects of the pilotage service, the mechanics of providing the service and the relevant statutory provisions. The possible effects of the proposals on the remuneration and working conditions of the pilots concerned have also been borne in mind. The present elaborate system is, I am advised, no longer warranted having regard to improvements in the manoeuvring qualities of ships, radio and navigational aids, and the deepening of and other improvements to the harbour. It is against this background that the Pilotage Authority has devised the proposed new arrangements. The Dublin pilots have agreed in principle with the proposals.

Pilotage at Dublin is compulsory in an area bounded, on the seaward side, by an imaginary line which runs from Bray Head through points on the Kish Bank to Ireland's Eye. These limits are set out in the Dublin Pilotage Order, 1925, which was confirmed by the Pilotage Order (Confirmation) Act, 1926. With certain exceptions, every ship navigating in the district for the purpose of entering, leaving, or making use of any port in the district, must be under the pilotage of a pilot licensed by the Pilotage Authority. Among the exceptions are the cases where the Master or Mate of the vessel holds a certificate from the Pilotage Authority empowering him to pilot his vessel in the area, or the ship is of a class which is exempted from compulsory pilotage by the Pilotage Authority in accordance with statutory powers. In practice, and owing to the altered technical and physical conditions I have mentioned, the real need for pilotage has, in recent years, arisen in an area much smaller than that at present defined and the need for compulsory pilotage for smaller types of vessels has been reduced.

The obligation of the Pilotage Authority to provide service up to the limit of the existing district has made it necessary for the Authority to maintain a more expensive types of service than is now warranted. It is intended to reduce the compulsory pilotage district to an area bounded by an imaginary line through points between the Baily Lighthouse and Sorrento Point, extending some distance to seaward. Under this arrangement pilotage will have to be provided only in the area where it is, in fact, required. This reduction in the compulsory pilotage district can, however, be effected by means of a Pilotage Order made under the provisions of the 1913 Act, and it is not, therefore, necessary to deal with it in this Bill.

Among the existing statutory exemptions from compulsory pilotage is one which applies to coasting vessels up to 200 gross tons, not carrying passengers. The reorganisation proposals include raising this tonnage exemption limit and extending it also to Home Trade ships. Initially, the exemption would be conferred on certain unladen vessels but the Board propose to confer and extend exemptions gradually and over a fairly long period. This method will obviate any question of redundancy among the pilots and is, of itself, prudent, as it will enable the Authority to assess the practical effects of each exemption before considering any extension.

The procedure for exempting vessels from compulsory pilotage is laid down in the Pilotage Act, 1913. A pilotage authority may, under pilotage bye-laws, made under the Act and confirmed by the Minister for Transport and Power, exempt coasting and Home Trade vessels not carrying passengers from compulsory pilotage. Where, however, a bye-law appears to exempt a class of vessels which was not in practice exempt at the passing of the 1913 Act, the bye-law cannot become effective unless confirmed by an Act of the Oireachtas.

This procedure, which is a relic of a more leisurely parliamentary era, would in this case be unduly cumbersome as it would involve a fresh confirming Act at each stage of the proposed gradual extension of exemption. It is proposed, therefore, to repeal this requirement and to provide instead that when an exemption from compulsory pilotage is conferred by bye-law and the bye-law is confirmed by the Minister for Transport and Power, the relevant instrument shall be laid before each House of the Oireachtas and may be annulled by Resolution within 21 sitting days. Sections 5 and 6 of the Bill provide accordingly. It is an additional safeguard that, as in the case of pilotage orders, proposals to amend pilotage bye-laws must be publicised before being submitted for confirmation by the Minister.

The Dublin Port and Docks Board has carried out studied based on the assumption that the exemptions from compulsory pilotage would eventually extend to incoming vessels of 500 tons gross and out-going vessels and vessels shifting up to 750 tons gross. These studies suggest that if the exemptions mentioned were conferred there would be a reduction of about 45 per cent. in the number of vessels to be piloted. This would represent a very substantial relief both to the Pilotage Authority and to ship owners but would mean a loss of about 27 per cent in the revenue from pilotage charges. In terms of cash a loss of 27 per cent. of revenue would amount to about £11,000 per annum. The Board would find it necessary to recover part of this loss in order to render the pilotage service as a whole economic and has decided that it would have to impose a special reduced charge on the vessels it now proposes to exempt from compulsory pilotage; the special reduced charge is not yet settled but a rate equivalent to one-third of the appropriate charge for pilotage is under consideration. Such a charge is justified by the fact that a pilotage service will be available on call to these vessels if required. The charge will, in effect, amount to a contribution towards having this on-call service available. Under existing legislation, the proposed special charge could not be made, and the necessary provision is, therefore, being made in Sections 2 and 3 of the Bill.

The measures described are designed to reduce to an appropriate and realistic level the demand for pilotage service which must be met by the Pilotage Authority. This will, through time, reduce the cost of the service and confer savings in both time and cash on users of the port.

The Board also intends, under the powers to make bye-laws which it already enjoys, to introduce economies and improvements on the operational side of the service. The principal change will be the substitution for the existing pilot vessels of a shore pilot station from which ships will be served by small fast launches. The shore station will, also, improve the working conditions of the pilots. They will have recreational facilities while they wait on call and will be relieved of the discomfort and inconvenience involved in living aboard ship until their services are required—especially so in bad weather. I feel that the Board are to be congratulated on the thorough review they have carried out and the constructive proposals they have prepared.

The Bill as passed by Dáil Éireann contains, in Section 4, some minor provisions to amend Section 22 (1) of the Pilotage Act, 1913. The purpose of these was to revise in a minor way the arrangements for obtaining statistical returns from Pilotage Authorities and to relieve the Minister for Transport and Power of the obligation to present these returns to the Oireachtas. The wish was expressed by the Leader of the Opposition at the Committee Stage of the Bill in Dáil Éireann that the requirement that these returns should be presented to the Oireachtas might be retained and I undertook to have the Section dropped from the Bill.

I should like to add that in so far as the reorganisation proposals are concerned this Bill is an enabling measure. It will not, of itself, introduce changes in arrangements for pilotage at Dublin. These changes will be brought into effect by Pilotage Order and Pilotage Bye-laws made in accordance with a statutory procedure which is designed to safeguard the interests of all interested parties and to permit them to voice their views.

I confidently recommend this Bill to the House.

This measure, as the Minister has said, is an enabling Bill and is intended to bring up to date certain matters with regard to pilotage about which I personally cannot express any expert opinion. It does bring matters up to date and does enable our very competent Port and Docks Board to take certain steps for the benefit of the Dublin port. It is interesting, too, that apparently the interests of the pilots who may become redundant have been safeguarded.

There is one thing which strikes me and the Minister might possibly regard it as relevant—I am not sure whether it is. In recent days we have been hearing fog horns very frequently. There have been fog horns for as long as my memory goes back and I am far from being a young man. They must be a very old and out of date method of giving warning. The noise is discordant and by no means a comforting one. I wonder whether modern scientific methods have been found which would enable us to dispense with the discordancy of fog horns. I am putting the question to the Minister without knowing whether he can give me an answer offhand. It strikes me as having some relevance to pilotage.

I should like to welcome this Bill, and in welcoming it, I should like to pay a tribute to the Dublin Bay pilots for the fine work they have been doing for many years now. I do not speak without knowledge in this matter. From my own hillside in Dalkey, I can survey the whole area from Sorrento Point to the Baily. I have seen the pilots do their jobs bravely and efficiently in very stormy seas. I do not think that a Bill such as this should go through the House without some tribute being paid to them. I also welcome the fact that better conditions are to be provided for those men.

This, too, I think, is the time and the place to recognise with gratitude the forward-looking policy of the Dublin Port and Docks Board. One needs only take a walk or drive a car down to the Alexandra Basin in Dublin to see the steady progress that has been made and the effective vision the Board has had throughout the years in developing the harbour. It is a source of pride to a member of my university that the designer of the great extension to the Alexandra Basin was a graduate of Dublin University. I mention these facts simply because I believe that the Dublin Port and Docks Board is a most worthy and efficient body, and I do not think this Bill should pass through the House without some recognition of their good work.

Most people will welcome the exemption of smaller ships from pilotage. As a matter of fact, I understand that unofficially many of them were already coming into harbour without pilots. It is well to legalise that. The provision for recovering the money that will be lost seems to be just and equitable.

I was also glad to hear the Minister say in his closing remarks that he intends to restore the provision in the original Bill that certain information should be put before the Oireachtas. Section 4 of the Bill as it now stands before us provides for the deletion of subsection (1) in the original Bill, which states that "any returns so delivered shall, as soon as may be, be laid before both Houses of Parliament." The arguments against deleting this were well made in the Dáil.

I am sure the House will welcome the restoration of a democratic check of this kind. As was pointed out in the Dáil, it is some small encouragement to the men who make these decisions that at least they are on the Table of the House to be read and consulted even though it may happen that they are not consulted more than once in ten or 20 years. I welcome the decision by the Minister to restore the provision.

I agree with Senator Hayes that it is most desirable that something should be done about the fog horns, if I may dwell on them for a moment. It seems to me that possibly they could be focused better, if I may say so. There is a very loud fog horn at the end of Dún Laoghaire pier and it seems to make as much noise inland as out to sea. Surely some scientific method could be found of sending its beam more out to sea and less inland. When I lived nearer Dún Laoghaire I found that it could keep one awake far into the night because it sounds every 15 seconds if I am not mistaken. I should like to ask the Minister to go down to Dún Laoghaire pier and judge for himself whether or not it is approaching a public nuisance.

I should like to ask the Minister what ships or what types of ships are exempted from the Dublin Port and Docks pilotage service. I assume that the mail boat service and the British and Irish Shipping Company are exempted. Are there others? I should like to know as a matter of information.

I thank the members of the Seanad for the manner in which they have received this Bill. In regard to fog horns, all I know is that it is a requirement for ships at sea. It is quite possible there may be some substitute but I imagine the substitute would have to be an electronic one, with corresponding equipment for receiving whatever signal there was. From my limited knowledge of telecommunications I think several devices exist but the difficulty would be to force the owners of smaller ships to equip their ships with the receiving apparatus as well as having the transmitting apparatus. Of course, fog horns do not arise under this Bill and all I can do is draw the attention of the Dublin Port and Docks Board to the matter. I do not think it is relevant but comes in under another statute.

A variety of ships are exempt by the pilotage authority at the moment and it would be impossible to give any one definition of them—ships which are accustomed to use the harbour frequently, and so forth. It would be impossible to classify them in any particular way. So far as the returns are concerned, while Senator Stanford was glad I had decided to drop Section 4 of the Bill I want to make it clear that, so far as I am concerned, it was done simply because I did not feel very strongly one way or the other. I am absolutely certain that the returns of pilotage have not been read by any member of the Oireachtas for many, many years except for curiosity sake but, if members of the House want to see them continued to be placed for examination I am quite willing although, as I said in the Dáil, full particulars could be obtained by way of Parliamentary Question at any time.

Question put and agreed to.

On a point of order, can we have the amendment taken now since the Bill has to be amended at this stage?

By agreement.

The Minister proposes to delete Section 4.

Is that not an amendment in Committee? We can take the Committee Stage now; I have no objection.

Agreed to take remaining Stages today.

Bill considered in Committee.

Sections 1 to 3 inclusive agreed to.

I understand Section 4 is being deleted.

Is it not on this section that we have an amendment?

The section is being repealed.

We are taking out the whole section. I did not quite understand that.

Section 4 deleted.

Sections 5 to 7 inclusive agreed to.
Title agreed to.
Bill reported with amendment, received for Final Consideration and passed.
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