Dáil Éireann Debate, Thursday - 5 May 2005
193 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he is satisfied regarding the extent of health and safety measures obtainable on all fishing or pleasure craft; and if he will make a statement on the matter. [14807/05]
Amharc ar fhreagraOccupational health and safety measures on fishing vessels are the responsibility of the Health and Safety Authority as fishing vessels are considered places of work under the Safety, Health and Welfare at Work Act 1989.
The maritime safety directorate, MSD, of the Department is, among other things, the national authority with responsibility for the promotion, regulation and enforcement of maritime safety. It 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, including on fishing vessels and pleasure craft.
The MSD is implementing a comprehensive regulatory framework for fishing vessels which should ensure a higher level of safety over time. This programme is based on an approach which separates the fleet into three categories as follows: fewer 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 published a new code of practice for these vessels last 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 survey fishing vessels for compliance with the code. To obtain a sea-fishing boat 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 biannual declaration.
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 their 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 regulations governing the safety of fishing vessels, the maritime safety directorate also has in place regulations governing the safety of the crew.
The Fishing Vessel (Personal Floatation Devices) Regulations, SI 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.
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.
There is also a memorandum of understanding in place between the MSD and the HSA in relation to the enforcement of the requirements of the Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999. These regulations, introduced by the Minister for Enterprise, Trade and Employment, 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.
Pleasure craft are generally not places of work so health and safety measures are the responsibility of the individual sailing the craft. To assist owners and operators of pleasure craft in their responsibility, the maritime safety directorate has developed a code of practice for the safe operation of recreational craft. This code sets out the current legislative requirements and recommended best practice regarding the safe operation of recreational craft. I intend to launch the code shortly.
The enforcement of regulations governing the safety of vessels is carried out by the staff of the maritime safety directorate.
