Pat Gallagher (Donegal South West, Fianna Fail)
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The recommendation referred to by the Deputy relates to a report on the tragic incident involving the capsizing of a 4.6 m angling boat at Fermoyle Beach, Brandon Bay, County Kerry on 23 September 2003, with the loss of one crew member's life. I convey my sympathies to the family of the victim on this tragic loss.

This incident was investigated by the Marine Casualty Investigation Board under the Merchant Shipping (Investigation of Marine Casualties) Act 2000. The board published its report on 12 November 2004 following legal vetting and the application of natural justice procedures. A printed copy is available free of charge to anyone who requests a copy. The report will also be available shortly on the MCIB website, www.mcib.ie. The main purpose an investigation by the board is to establish the cause or causes of a marine casualty with a view to making recommendations to me for the avoidance of similar marine casualties. Investigations carried out by the MCIB do not attribute blame or fault.

Five recommendations have been made in the report for follow-up action to prevent a recurrence of similar casualties. A number of actions have already been taken by the Department with regard to highlighting the need for additional safety measures by users of recreational craft. A draft code of safe practice for recreational craft, which covers all the matters raised, was issued for public consultation last year. The maritime safety directorate of the Department is evaluating the comments received with the aim of publishing the code shortly. In addition, the Merchant Shipping (Pleasure Craft) (Lifejackets and Operation) (Safety) Regulations 2004 introduced in June 2004 make it obligatory that lifejackets be worn on vessels of less than 7 metres.

As part of my ongoing review of safety issues, I will consider any measures necessary to prevent a recurrence of similar casualties.

Pat Gallagher (Donegal South West, Fianna Fail)
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The draft code of safe practice for recreational craft was issued for public consultation last year and the maritime safety directorate of the Department is evaluating the comments received with the aim of publishing and launching the code in the near future. At the time of publication, the code will be made available to the public through the Department's website and other sources.

The purpose of the draft code is to assist owners and operators of recreational craft by setting out in one document current legislative requirements relating to recreational craft, in addition to recommended best practice regarding the safe operation of such craft. It covers all types of sailing and motorboats and also craft such as jet skis, canoes and kayaks. The draft code is divided into two parts. Part A of the codeoutlines existing legislative requirements that apply to recreational craft. Part B provides guidance on best practice for the safe operation of recreational craft.

Policing is already carried out on the legislative requirements outlined in part A of the code, through a combination of the Garda, the Department's marine surveyors and members of the Coast Guard. Part B of the code will not be mandatory but all recreational craft users will be encouraged to follow the guidance on best practice contained in it. If, following publication, experience indicates that owners and operators are not following the guidance provided in part B then consideration will have to be given to introducing mandatory requirements.

There is currently no specific register of small vessel owners. However, the owners of such craft may voluntarily register under the Mercantile Marine Act 1955. In 2004 the maritime safety directorate undertook a public consultation process on a proposal to establish a small vessel register, SVR, on a voluntary, non-statutory basis. The aim of the proposed SVR would be to provide a simple registration system to enhance maritime safety, security and pollution prevention. As proposed, it is not intended to register "title" or provide proof of nationality of the vessel. The comments received on foot of the consultation process are being assessed with a view to taking the issue of a small vessel register forward.