Oireachtas Joint and Select Committees

Wednesday, 23 January 2013

Joint Oireachtas Committee on Transport and Communications

Marine Casualty Investigation Board: Discussion with Chairman Designate

11:30 am

Ms Cliona Cassidy:

In respect of fair procedures, a report can take a period of time to collate. As the board sits once a month and we get updates on the progress of a particular investigation and the drafting of the report, we can manage how that situation is arising. A report will not be published until it has been viewed by those regarded by the board as being potentially adversely affected by the findings. I think of fair procedures in terms of the judicial element. The board could be subject to judicial review in, for example, seeking to prevent the publication of a report or the manner in which a report has been compiled and published. I would ensure that during the course of the investigation, the drafting of the report and the publication period fair procedures are followed that ensure everyone is asked the appropriate questions and has an opportunity to make comments on the draft report prior to publication; I would ensure that those are carried out effectively and within the legislation.

The legislation states that a vessel under our remit is one registered or located in this State, including Irish waters. If an international vessel is in Irish waters when an incident occurs, we are in position to carry out an investigation if we think it appropriate. One can see how broad it is. The Asgard, unfortunately, sank in French waters but the board still carried out an investigation into that vessel because it was registered with the State. If the incident happens in Irish waters, we have the opportunity to make a decision as to whether it is appropriate for us to carry out an investigation.

There appears to be an issue with recreational and leisure boating activities because there might be more people who have decided it is fabulous to have access to the water, which is great. We have such amazing facilities in that respect. The Department of Agriculture, Food and the Marine has issued codes of conduct relating to leisure activities that are quite clear and contain photographs and examples of specific things that people should do. It could be that this message has not got very far and needs to be promoted because it is a worrying trend. The fishing industry and other commercial vessels seem to have taken on board the potential issues that have arisen in terms of certain incidents and we need to make sure we can get that message out to the general public which is likely to be using the speedboats, yachts, kayaks and open rowing boats.

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