Mr. Michael Kingston:

Under head 26, the marine accident investigation unit may reopen investigations. This head needs much further work. There are extensive provisions in the Lacey legislation for re-examination, support for parties involved and powers of Ministers to order re-inquiries, as well as provisions for tribunals of inquiry. This must be added in the public interest and is a serious shortfall at present. There are provisions in the current Act that can be looked at and which go further than this Bill.

Deputy O’Rourke mentioned inquests. The Lacey report contains important provisions to assist coroners, both in the reasoning in the report and in draft heads of legislation. That is not in the general scheme. It should be included. This has been a huge problem. The MCIB refused to attend a hearing in Donegal earlier this year. This must not be allowed to happen again. I think of the upcoming inquest in respect of Caitríona Lucas from Clare. This is what the coroner, Dr. McCauley, said in the inquest, which is on public record:

The MCIB Report is at variance with what we have found today. The report is not factually correct. There are particular facts that are not in that report. As a result, the analysis’ in that report are not what they should be, which had a huge bearing on the outcome and that is really important to note

He went on to say:

[The MCIB] have shown a complete lack of empathy to the families, and a certain arrogance about themselves and their report, that their report should be taken as ‘plain reading, should be accepted as evidence without any actual questioning.

[...]

They don’t think the families are important; they don’t even think explaining the facts of the death to the family is important, and they don’t respect a Coroner’s Court. And I think that is sad

That cannot be allowed to happen again. It is critical those provisions from the Lacey legislation are included in the Bill.

My time is up. I will come back to the Cape Town Agreement later. My apologies.