Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 55:

In page 45, to delete lines 16 to 20 and substitute the following:

"(13) Where, during the course of its investigation, the Investigation Unit becomes aware of any implications for railway safety which, in its opinion, warrant consideration by a railway undertaking or other person, in advance of the publication of the report of its investigation, the Investigation Unit may make such interim recommendation as it considers to be warranted and feasible for the avoidance of railway incidents or otherwise for the improvement of railway safety. In section 62 a reference to a recommendation includes a reference to an interim recommendation under this subsection.".

On Committee Stage my predecessor accepted the merit of Deputy Naughten's amendment No. 36 which proposes that a railway undertaking should be required to carry out works as soon as practicable when notified by the commission of any implications for railway safety which come to the attention of the commission during the course of its investigation of an incident. This amendment provides that the investigation unit may make an interim recommendation in advance of publication of its investigation report. Under section 62, a person, to whom a recommendation or interim recommendation is addressed, must, as soon as is practical after receiving it, notify the commission action has been taken or proposed or explain why no action will be taken.

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