Mr. Ciaran McCarthy:

I agree with everything Mr. Kingston stated. First, we are delighted that the Marine Casualty Investigation Board is going away and I compliment the committee on getting us to that level. The Deputy is correct; there is nothing in the general scheme to suggest what the qualifications of these people should be. I have provided a briefing document, which the committee will have seen, with respect to the legislation. The primary function of the legislation is to transpose Directive No. 18 of 2009, which we were previously found to be in breach of transposing. To give some background, the directive did not come out of the blue. It came on foot of the Erika and Prestigetanker disasters in European Union waters, which led to this activism from the European Union. This is where we were caught out because our MCIB was not up to the standard required. Members will see within the directive, particularly in Article 8.1, that there is frequent mention of "suitably qualified investigators". There is nothing in the general scheme, as it stands, to suggest what they are other than that qualified persons will be employed in these roles.