The owner of former beam trawler Mary Kate has said his experience should inform the EU’s review of fishing vessel safety.
Arklow fisherman CJ Gaffney has written to national and local politicians and MEPs to ask that they present his case to the EU review.
Gaffney discovered serious stability issues with the Dutch trawler after he bought it in 2007, and was left with debts of 1 million euro.
He tried to take legal action in both the Netherlands and Germany, took out a loan to cover fixing the vessel and then had to surrender it to the bank in 2012.
He sought EU funds in compensation, but the EU said it was up to the national state. The vessel was broken up in New Ross, Co Wexford, earlier this year under the Government’s decommissioning scheme.
In his letter, Gaffney says that “we have been informed by the European Commission, DG MOVE (Mobility and Transport), that the EU accident investigation and port state control directives are being updated in order to be able to better address fishing vessel safety”.
“These proposals are now up for debate in both the EU Parliament and in the shipping working party of the Council, which allows EU representatives of member states to debate the issue,” he writes.
“ In addition to this, the current fishing vessel safety directive, including its scope, is being re-evaluated,” he writes.
“As there is now a concrete focus with the EU on fishing vessels safety, I don’t need to articulate that this is exactly the forum for the case of our former beam trawler, Mary Kate WD30, not alone to be debated but be highlighted as a case in point for all EU member states,” he says.
Noting that the case of the Mary Kate received significant publicity in various maritime publications in Europe, he says, that questions need to be asked at both national level and EU level as to how this beam trawler was issued with a stamped stability book from a renowned international classification society.
He also says questions should be asked as to how a valid ship sailing permit was issued when it had 20 tonnes of unaccounted steel present since new build, and how the case was handled after various authorities had been notified of this.
Gaffney includes a link to a Dutch Safety Board investigation into stability issues on Dutch trawlers under 25 metres in length. The Mary Kate was Dutch-built and under 24 metres.
“As the EU Ship Safety Division is now carrying out a review of the directives in relation to ship safety, I trust you will officially submit the case of the Irish registered Mary Kate WD30 for inclusion in this review,”he says.
He expresses the hope that new legislation may allow the Marine Survey Office to lead an investigation into the case with its Dutch and German counterparts.
Link to Dutch Safety Board investigation here