Navigational rules were breached by a yacht in collision with a cargo ship in Dublin Port almost four years ago, according to the official investigation into the incident.
The report by the Marine Casualty Investigation Board (MCIB) into the loss of four crew from the yacht Debonair on May 20th, 2001, also found that Dublin Port was not enforcing its navigational regulations for small pleasure craft when the accident occurred.
As a result, some yacht-owners may not have been aware that they were required to stay out of the shipping fairway at the Liffey mouth leading into Dublin Bay.
Dublin Port published a set of guidelines for pleasure craft the following year.
Only one of the five crew on the Debonair survived when the yacht collided with a cargo ship, Bluebird, about one mile east of Poolbeg lighthouse during the weekend of a fireworks display.
An official inquest has already found that the helmsman, Glen Styles (42), from Killiney, Co Dublin, had twice the permissible level of alcohol for car-driving in his system when the collision occurred.
The State Pathologist, Dr Marie Cassidy, said tests had found "moderately high" levels of alcohol in the systems of Mr Styles and those who died: his brother, Mark Styles (39), from Templeogue, Eleanor Cullen (43), from Foxrock, and Rowan Smith (48), from Terenure, all Dublin.
Dr Cassidy said that, as the helmsman's body was not found for 19 days, the blood-alcohol readings would have been elevated by post-mortem changes
The MCIB report recommends that the dangers of consuming alcohol by masters and crews of any vessel be highlighted by the Department of the Marine.
It also says that the department should consider legislation on breath-testing for alcohol "after appropriate consultation", which would also set maximum levels for consumption.
Existing legislation, including the 1992 Merchant Shipping Act and safety regulations introduced by former marine minister Dermot Ahern last June, provide for limits on alcohol consumption on commercial and pleasure craft.
However, a spokesman for the MCIB said yesterday that the statutory instrument brought in by the Minister last year did not set a limit for alcohol consumption. Policing of such legislation, if any, would be a policy matter for the Minister.
The MCIB report recommends that all ports put in place procedures for monitoring, controlling and enforcing bylaws and other rules relating to pleasure-craft movements.
It found that a number of other incidents involving small craft occurred on the Liffey on the night in question - May 19th-20th, 2001 - when many yachts sailed up the Liffey to watch a fireworks "skyfest".
The Debonair had hoped to berth upriver of the East-Link toll bridge to watch the display, but the bridge was closed by industrial action. The yacht moored near the Poolbeg Yacht and Boat Club downriver, which was the closest suitable location. At about 2.30am the yacht left its mooring and headed out the Liffey mouth, aiming to cross back to Howth and wait for the tide to return to Malahide estuary.
The Bluebird had just taken a pilot on board and was making its way to Dublin Port. Both vessels were about a mile east of the Poolbeg lighthouse when the collision occurred. Eyewitnesses said the yacht turned unexpectedly into the path of the larger vessel. The yacht sank almost immediately, and the sole survivor, Philip Daley, was rescued by Howth lifeboat.
