Minister for Marine Charlie McConalogue has rejected a plea for help from an Irish skipper who bought a beam trawler in the Netherlands which proved to be dangerously unstable.
As The Sunday Independent reports, skipper CJ Gaffney (49) of a well known Arklow fishing family has incurred substantial losses over the purchase of the vessel which had been certified as safe by German authorities.
The Gaffney family have five generations of service with the RNLI lifeboat.
Research by Gaffney’s legal representatives and naval architect established that at least nine other vessels of similar design in Europe could have safety issues.
The European Commission, which gave the family a hearing over the issue back in 2011, says it is outside its remit as the vessel is under 24 metres in length and falls under member state legislation.
However, it had indicated to the Gaffneys that Irish authorities could draw on EU funds to assist them.
The beam trawler Mary Kate was bought in the Netherlands by CJ Gaffney of Arklow, Co Wicklow and his father in 2007, borrowing 620,000 euro for the purchase.
The vessel was registered under the German flag, and was certified by Germanischer Lloyd Classification Society.
When CJ Gaffney began fishing the vessel in January 2008, he noticed that it was significantly more unstable than his previous older boat and says that " on one or two occasions the boat almost turned over”.
Tests showed 20 tonnes of unaccounted steel were in the hull, and the family opted to lengthen it to make it safer.
The family initiated legal action against several German companies and the German Marine Safety Authority.
However, jurisdiction could not be established.
Ireland’s Marine Survey Office (MSO) would not allow the boat fish initially but issued a stability certificate in 2009 when it had been modified.
The Gaffneys had run out of money to buy an additional license at this stage.
A potential sale to Britain fell through as the British Maritime and Coastguard Agency would not allow it to be registered – in spite of Irish certification to show it was seaworthy.
“The banks subsequently sold the Mary Kate in a fire sale leaving the family with a massive loan of almost €2 million, which is still outstanding,” Gaffney says.
The case has been raised at EU level by a number of Irish MEPs and was referred to the European Parliament’s petitions committee.
It has been raised in the Dáil by Sinn Féin TD and fisheries spokesman Pádraig MacLochlainn and by Social Democrat TD Jennifer Whitmore.
Mr McConalogue has said it is a private commercial matter, and that safety is the responsibility of the Department of Transport.
Ms Whitmore, who attended an online meeting hosted by Mr McConalogue with the Gaffneys late this week (Fri July 16), said she was calling on the marine minister to work with Minister for Transport Eamon Ryan on the issue.
“C J Gaffney did everything he could, and he has been a whistleblower for safety,” Ms Whitmore said.
“There are obvious regulatory gaps at European level that need to be addressed.”
The German ship safety division, the vessel designers and Mr McConalogue declined to comment.