Stringent safety regulations must replace current practice

We must learn the lessons of the Fethard disaster and insist on stringent safety regulations, writes Paul Cullen

We must learn the lessons of the Fethard disaster and insist on stringent safety regulations, writes Paul Cullen

Messing around with boats is one of the true delights of the Irish summer for thousands of people, yet this weekend's tragedy in Co Wexford clearly shows the dangers inherent in this pastime.

Five people lost their lives when the Pisces went down on Sunday, even though the sea was calm and rescue boats were nearby and arrived on the scene quickly.

In the wake of the tragedy, much attention has focused on the fact that none of the 10 anglers on the Pisces was wearing a life-jacket. The five people taken alive from the water managed to survive by clinging to plastic drums which the boat used as fenders. Questions have also been raised as to whether the boat was licensed or whether it needed a licence.

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The regulations governing the use of small boats on Irish waters are clear but uneven. Under the Merchant Shipping Act 1992, any skipper taking fare-paying passengers is obliged to have a passenger boat licence. Such boats are inspected every two years and must be equipped with the necessary firefighting, life-saving and radio equipment. Operators found to be in breach of these regulations can be fined or jailed.

In 2000, boats used for angling, including sea angling within three miles of the coast, were brought within the definition of the Act. However, the then Minister for the Marine, Mr Frank Fahey, granted an exemption to these boats for a year and renewed this exemption in 2001. It seems the Pisces would therefore not have required a licence.

According to Mr Maurice Mullen, director-general of the Department's newly established Marine Safety Directorate, the exemption was applied to give the hundreds of such small boats time to upgrade to the safety levels required. Time was also needed for consultation with the sector.

In June, Mr Fahey introduced a comprehensive set of regulations governing safety for the different categories of boats found on Irish waters, from small rafts to larger passenger vessels.

While the regulations vary according to the size of the boat, in general they require all sea-going boats to carry a lifejacket for every passenger, and to provide a place on a life-raft for all on board. Boat-owners are required to post their certification on their vessels and to make it available to passengers.

The problem is that the statutory instrument signed by Mr Fahey is not due to come into effect until June 2003. These comprehensive regulations do not apply at present and the sector is governed by a hotchpotch of regulations.

While the wearing of seatbelts is compulsory on our roads, there are few laws requiring boat passengers to wear lifejackets. Regulations were introduced in 2001 to govern the use of pleasure-craft on the water which oblige children under 16 to wear lifejackets.

These regulations would apply to the Pisces if its skipper was not operating the boat "for reward", e.g. if the passengers were travelling as friends.

But amazingly, they would not apply if the boat's skipper charged for his services. In such a case, the exemption relating to sea-angling vessels would apply until next July.

Meanwhile, since last March, all commercial fishermen are required to wear lifejackets on deck.

Although it seems incredible no one on the Pisces was wearing a lifejacket, it should be remembered that 45 per cent of car-drivers do not wear a seatbelt, even though they are obligatory. So why should we expect sea travellers to behave any differently?

It seems, therefore, that those who died in this latest marine tragedy were also the victims of a hiatus in the regulations. The availability of lifejackets or life-rafts on the boat, or a requirement that passengers wear flotation devices, would surely have reduced the death toll.

Earlier boating disasters prompted the tightening of regulations currently in train. The Marine Safety Directorate is recruiting more inspectors and will shortly have a staff of 55. An independent Marine Casualty Investigation Board came into being last June and moved quickly on Sunday to investigate the Fethard-on-Sea tragedy.

Yesterday, Mr Mullen called on boat-users not to wait until the introduction of the new regulations next June to change their habits.

"People should wear life-jackets on all occasions, particularly on open boats," he urged.

Mr Mullen called for the development of "a culture of safety".

We can all learn the lessons of this latest marine accident.