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 would refer to my answer to Deputy O’Rourke. That is the short answer to that and it is on the record. I read out a list and it was supplemented by some of Mr. McCarthy’s comments. I also would urge that the Cape Town Agreement is included and we step up to our mark regarding those obligations. In addition, this haphazard approach to tagging on other legislation to maritime legislation and the substantive legislation when it is before the Oireachtas should stop. We need to codify our marine legislation, which was recommended to be done urgently by the 1998 report. That is now 25 years ago.
On Captain Clinch, he has a shadow over him in terms of his report. He is aware that it is being withheld by the Office of the Attorney General. Captain Clinch is an upstanding citizen of the United Kingdom. He suspects that the Attorney General is an upstanding legal practitioner of the Republic of Ireland, and we all hope that he is. He is saying to himself that he could be asked questions outside privilege. Therefore, he has probably sensibly declined an invitation. One has to question why his report is being withheld.
It is also noteworthy what Róisín Lacey said on all of this. If the new marine accident and investigation unit ever needs legal advice, she goes into great detail about how it should not be from the Office of the Attorney General because there is no differentiation between the Government and the marine accident investigation board. I suggest that is precisely what is happening now with Captain Clinch’s report and the Office of the Attorney General. They are in the same camp.
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