Martin Ferris (Kerry, Sinn Fein) | Oireachtas source

I thank Deputy Mattie McGrath for introducing this Bill and I thank everybody for supporting it. I am very conscious that it is 20 years, almost to the day, since I lost my best friend, Thomas Kelly. He was one of eight men who drowned 100 miles west of Kerry Head. I am also very conscious that the family members of John O'Brien and Pat Esmonde are in the Gallery. When one comes from a coastal community, one fully understands the dangers associated with fishing at sea and marine recreation.

I especially thank Anne-Marie O'Brien for her tremendous effort in getting all of us together and focused, and for her work and that of her family over the years to try to get legislative change to do justice to the memory of their lost brother, John. On 23 May 2010, John and Pat were lost off Helvick Head in a small rib. They had gone out with the intention of doing a bit of angling and were lost at sea. Their bodies were recovered on 25 May. Subsequently, the investigation that was carried out by the MCIB and the Garda left a lot to be desired. When one studies the reports - I studied a number of them - one notes a lack of empathy for the family and an acceptance that something happened that did not actually happen, which seriously let down both of the families. What happened to those men that day has yet to be established legitimately. The lack of investigation of the circumstances has meant that the families are still grieving after all this time. As a consequence, faith in the competency of the investigation carried out by the MCIB has been badly dented. The situation becomes clear when one looks into the composition and calibre of the members of the MCIB. I do not mean any disrespect to the individuals, rather I refer to their experience. The members include an air accident investigator, a barrister, an accountant, a fire station manager, a solicitor, a barrister and two ministerial appointees, the chief marine surveyor and a nominee from the Department. That shows the lack of independence in the composition of the board.

Let us compare that to the Marine Accident Investigation Branch in England where one sees a totally different approach. One member of the English board has more than 30 years seagoing experience and is responsible for the conduct of the investigations into marine accidents. He goes to the scene of accidents and interviews witnesses. The other person has 40 years of maritime experience and runs courses on water safety that comprise up to 11 modules. He works with Government Ministers on the review of maritime policy and has been responsible for major changes within the sector. What happened at Helvick Head that day was never properly investigated. The report on the investigation seen by Deputy Mattie McGrath, Deputy Cahill and me was shambolic. It merely accepted that something happened and there was no real investigation into the incident.

The function of the MCIB is to carry out investigations into marine casualties that take place in Irish waters. The main purpose of the board's investigations is to establish the cause or causes of a marine casualty with a view to making recommendations. As I understand it, the board members have no seagoing experience compared to the board members of the equivalent body in England. They did not visit the scene of the accident. That is stated in the report. They carried out their investigation without considering the GPS reports. That is fundamental to the case because the GPS provides the location of all boats in the area, but that was not investigated. It was stated in the report that there was a large floating tyre and that it may have played a role in the men going overboard, yet there was no evidence of a tyre being in the water. The board members did not go to the inquest following requests from the Garda and coroner. That was how the MCIB conducted itself in this instance.

From a European perspective, in order to investigate marine casualties, the MCIB is supposed to be independent. How can that be the case given that a board member is the Department of Transport, Tourism and Sport's chief marine surveyor, in addition to a nominee from the Department. According to the European Union, the Department is committing a fundamental breach of European law by involving its personnel in the MCIB. That is a major conflict of interest, as marine accidents involve analysis of the regulatory framework and its enforcement. Two members of the board are, in effect, investigating themselves. Where is the independence in that? That is contrary to European law, which clearly states that the MCIB must be independent. Despite threats from the European Commission that Ireland will be taken to the European Court of Justice, the conflict of interest has been allowed to continue by the State, as highlighted in The Irish Timessome years ago.

I welcome the Minister's contribution to the debate and his acceptance of the argument put forward by Deputy Mattie McGrath that the Bill will help to rectify the lack of independence of the board.

I am not questioning the people on the board because I do not know them. As somebody who has spent much of my life at sea, it is an entirely different matter investigating a situation there compared with on land. I refer to factors such as the waves and wind direction. Something such as a bow wave might have caused this incident. It is necessary to understand such details and have that expertise to make accurate decisions.

We must look at how the investigation concerning the accident involving John O'Brien unfolded. Who went to the scene of the accident from the MCIB and when? That is a fundamental question. Who oversees the investigation when gardaí are not trained or equipped to do so? The gardaí and MCIB were the investigating parties. Who involved had expertise? Who is trained in the MCIB to read GPS reports downloaded from vessels involved in fatal accidents? That is also a fundamental part of any investigation. When I read the Garda report, it stated the boat had an 8 horsepower engine. When the vessel was examined later in the Garda station, however, it had a 25 horsepower engine. It was a shambolic investigation and I can understand why the family feels so let down. I hope the support of everybody in the House and the passage of the Bill will give them some help in grieving their loss. I offer my deepest sympathy to the families. We have all made a personal commitment to ensuring this will become the legacy of John and Patrick.

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