Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

The question tabled is somewhat different to the one the Deputy just asked. However, I will answer the first question first and, if it is all right with the Deputy, reply to the second in a supplementary. I will try to fit them both in because I am not avoiding them. It is just that the question the Deputy has asked is somewhat different from the one of which he gave notice, which is fair enough. He asked about the MCIB being fit for purpose and the details of the appeals mechanism open to families or persons dissatisfied with its findings. I will certainly deal with that first and go as far as I can with the Deputy on the second matter after that.

The MCIB was set up under the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 to investigate marine casualties and publish reports of such investigations. Marine casualties relate primarily to death or serious injury, loss of a person overboard, significant loss, stranding, damage, collision with a vessel or property or significant damage to the environment which involves a vessel in Irish waters or an Irish-registered vessel in waters anywhere. The purpose of an investigation is to establish the cause or causes of a marine casualty with a view to making recommendations for the avoidance of similar casualties. Under the Act, it is specifically not the purpose of a report to attribute blame or fault. To date, the board has published 212 reports of investigations and made a valuable contribution to maritime safety both in investigating accidents and, sadly, fatalities in many cases and in highlighting actions to improve safety and increase safety awareness.

While there is no formal appeals mechanism provided for in the Act, the board is required to send a draft of its report before publication to certain people who have 28 days to submit observations.  The board may also reopen a completed investigation if it is satisfied that there is new evidence available which could materially alter the findings of the investigation and if the purpose of the investigation could be served by re-opening it. It is, of course, open to any person to bring any such evidence to the attention of the board. The Minister has certain powers under the Act also. For example, the Minister may, ​after consulting the board, direct that an inquiry be held into a marine casualty or that a completed inquiry be reopened if he or she is satisfied there is new evidence likely to materially alter the outcome.

That is the broad outline of the powers of the MCIB. I will try to apply that to the Deputy's specific question in my supplementary reply.

See this speech in context