Oireachtas Joint and Select Committees

Wednesday, 1 March 2023

Joint Oireachtas Committee on Transport, Tourism and Sport

General Scheme of the Merchant Shipping (Investigation of Marine Accidents) Bill 2022: Discussion (Resumed)

Mr. Michael Kingston:

I totally understand. If I stray outside, which I do not wish to do, I ask the Cathaoirleach Gníomhach to let me know. What is relevant to the matter raised by Senator Craughwell is relevant to the pre-legislative scrutiny. We are trying to analyse legislation based on a report by the former head of the Marine Accident Investigation Branch in the UK, a very experienced individual, Captain Steve Clinch, as well as the former general secretary of the Marine Accident Investigators International Forum, but we have not seen the report. It is very hard for this committee, and Mr. McCarthy and I, in a democracy, to work from recommendations where we cannot see the thought processes involved and then analyse legislation drafted on the back of those recommendations.

Deputy Crowe asked why Captain Clinch's report has not been released. It is relevant to the issues we are discussing regarding the incident Senator Craughwell raised in that I am confident the report will show these investigations have not been carried out correctly. I note all the issues relating to that tragedy in County Clare. It is for that reason the investigator and the MCIB must assist the coroner in the upcoming inquest. If the coroner, with the assistance of the investigator, finds out what he did or did not include under the failed system, we will be able to get to the bottom of what actually happened in the interests of the fundamental rights of Caitríona Lucas and her family. It is their fundamental right under the European Convention on Human Rights to find out what happened in order that it does not happen again.

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