James Lawless (Kildare North, Fianna Fail)
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I move amendment No. 3:

In page 24, between lines 9 and 10, to insert the following: “(7) A report of a marine safety investigation shall not be admissible as evidence in criminal proceedings.".

The amendment is proposed in order to ensure that the accident and investigation reports of the MAIU are prohibited from use in criminal proceedings. It is a strict requirement of the EU directive that investigations of the MAIU must be independent of criminal investigations, which may seek to determine liability or apportion blame. This amendment makes that distinction clear in regard to the use of evidence. The amendment will also reduce the risk of a chilling effect by ensuring that witnesses and those involved in marine accidents can provide information without the fear that this information will be later used in litigation.