Jackie Cahill (Tipperary, Fianna Fail) | Oireachtas source

I commend Deputy Mattie McGrath on introducing this amending Bill. I welcome Ms Anne-Marie O'Brien and her father to the Public Gallery. She has put significant effort into getting the Bill to this stage. She has to be commended. The Bill aims to avoid a recurrence of what happened to her brother and Patrick Esmonde on that tragic day off the coast of Waterford.

I am happy to say that Fianna Fáil is supporting the Bill, which proposes a commonsense amendment to make experience with marine shipping and general marine matters a requirement of all people appointed to the Marine Casualty Investigation Board, MCIB. At present, while this is often seen as a "desirable" characteristic for board members, it is not a formal requirement.

This campaign has been led by the families of John O'Brien and Patrick Esmonde, who tragically drowned off the coast of County Waterford. It is the view of their families that a proper investigation was not conducted into the reason for their untimely deaths. As a coastal nation, Ireland must seek the highest standards in our marine and coastal safety guidelines and standards. It is vital that Ireland be equipped with a knowledgeable and effective investigation board that can investigate marine casualties. The equivalent board in the United Kingdom sets out experience of maritime affairs as a prerequisite for its membership, with some board members bringing decades of experience in the merchant navy, etc. This is important for bereaved families and friends who would like to understand the circumstances of their loved one's death, and for the shipping and seafaring community at large, which should be made aware of potential hazards and risks in an Irish context.

The MCIB's objective in investigating a marine casualty is to determine its circumstances and causes with a view to making recommendations to the Minister for Transport, Tourism and Sport and the commercial and recreational maritime community for the avoidance of similar marine casualties in the future, thereby improving the safety of life at sea and on our inland waterways. The MCIB does not have the power to prosecute or enforce laws. It is not the purpose of an investigation carried out by the MCIB to apportion blame or fault.

The board consists of five members, three of whom are appointed by the Minister. In addition, the chief surveyor of the marine survey office is an ex officiomember of the board. The Secretary General of the Department of Transport, Tourism and Sport, or his or her nominee, is also a member of the board. The current nominee of the Secretary General is the chief investigator of the railway accident investigation unit, which is based in the Department of Transport, Tourism and Sport.

John O'Brien and his friend, Patrick Esmonde, went fishing in a dinghy off Helvick Head, County Waterford, on the afternoon of Sunday, 23 May 2010. The two men from Tipperary drowned some time after 5 that evening.

An inquest into the tragedy at Dungarvan in September 2013 returned an open verdict. Since 2010, the families of the two men have expressed their concern that the MCIB was too inept to conduct a proper investigation. Last year, John's sister, Anne-Marie O'Brien, accused the Taoiseach of gross insensitivity for stating that a public inquiry into the deaths will not "bring anyone back". That is true. Those two men lost their lives in tragic circumstances and whatever amendments we make to legislation will not rectify that. With this amendment, however, we could hope to avoid similar tragedies in the future. If there is an accident at sea or on an inland waterway, the very least a family can expect is that there would be a proper and thorough investigation by the most highly-qualified people possible.

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