Mattie McGrath (Tipperary, Independent) | Oireachtas source

I, too, am delighted to be able to speak about this Bill. Ba mhaith liom mo bhuíochas a ghabháil le iar-Theachta agus iar-Chathaoirleach coiste Joe Carey. In fairness to him, during his time as committee Chair, he did a lot of work on this legislation. I wish him well with his health and thank him. I also thank Michael Kingston, barrister, who assisted me and members of the transport committee greatly. He worked closely with Joe Carey.

This legislation is so badly needed. I wish well Deputy Lawless, the new Aire Stáit in the area. The Minister of State, Deputy Browne, in his contribution, was fulsome in his praise of the heroic rescuers, including lifeboat crews, and rightly so. We accept that fully. We could not say enough about rescuers’ efforts and the danger they put themselves in to protect and save others. However, we have been laggards with this legislation. There is an appalling vista, going back to the terrible Whiddy Island tragedy, which occurred when I was a young buachaill. We have a list of such tragedies.

I want to refer to John O’Brien and Pat Esmonde, who lost their lives off Helvick Head. I compliment John’s sister, Anne-Marie – or Annie, as she is known by her family, including her mother and father – on her heroic battle to get justice and answers regarding what happened on a beautiful but fatal afternoon on 23 May 2010. I am referring to the battle she has fought and the blockades that were put up. Those concerned appeared before the committee and their evidence was heard.

The State has utterly failed in this area since its inception. This Bill is timely but the Minister of State, Deputy Browne, should not be clapping himself on the back at all, talking about the money he is giving and everything else. We need robust, proper, meaningful, copper-fastened legislation that can cover all this. We have had the Wild West for decades.

Not one of the members of the Marine Casualty Investigation Board had seagoing experience. This would only happen in Ireland. The Bill is weak regarding the make-up of the board and, more importantly, the qualifications of its members, as Deputy Murphy and others referred to. We must move away from circumstances in which members are appointed at the whim of political parties and Ministers. Names are put forward just to give people nice jobs, retirement supports or whatever. It is shocking. We have to have completely experienced, dedicated, qualified members whose knowledge and authority are not in question. We must not have the families of the 50 people who have lost their lives seeking answers. In addition to John O’Brien and Pat Esmonde, there are numerous others. I do not have their names with me today. Families such as the O’Brien family and the Esmonde family in Tipperary town are yearning for answers and closure but cannot get them. John and Pat, two young men, were out fishing. There was a farcical cover-up – "farcical" is probably too light a word for it – and there was no investigation. We had many meetings with superintendents, chief superintendents and assistant commissioners to get answers, but we got nothing.

We were stonewalled, were told that someone would come back to us and send us another letter or report. Nothing came.

Justice is what it is all about. There must be justice, punishments and retribution for wrongdoing. To do that, we have to have meaningful systems and set-ups that are robust and independent enough to hold these people accountable. In that case, the two men were out fishing for mackerel when a big boat came along and caused a bow wave, which turned them upside-down and left them in the water screaming for help. The people on the boat turned around, came back and saw them screaming for help. Two of them died. The MCIB had no seagoing experience. The gardaí in Dungarvan refused to have any meaningful investigation. The boat was taken into the custody of Dungarvan Garda station, where the motor mysteriously disappeared. A less valuable and less powerful engine was swapped onto it. Have you ever heard the like of it? That happened inside the compound of a Garda station that is fully operational 24-7. The men's families had to beg and beg. Anne Marie O'Brien had to go down to Dungarvan a year after the incident and put up A4-sized posters on poles looking for witnesses. Witnesses came forward who were on the sea that day and were nearly turned upside down. It took 14 months for gardaí to interview those witnesses. One of them had passed away. It is a shocking tale of carelessness, downright wrongdoing and lack of investigation. I am glad that the legislation before us makes some efforts to tackle this but we must insist that investigators are held accountable and brought before the coroner's court to get answers. The Waterford Coroner's Court left us with many more questions than answers regarding this case. The legislation has to be robust enough. Michael Kingston gave evidence at committee hearings stating that we need legislation. We had the Lacey report, many other reports and international experience was drawn on. Why must we be the laggards here, unable to have proper, fit-for-purpose legislation that is robust?

As I said, there must be a situation where the investigators, whom we hope and expect would be competent, would have no problem coming before the coroner's court or being questioned by anybody, including the Garda or participating in an independent report because they would be qualified. They were not qualified in this case. We saw that when findings were issued against Ireland. Incompetent people were on the board and had to resign. We have been hobbling along ever since from one crisis to the next, trying to make amends.

Section 15 provides for the production of an annual report. This section must be very robust as well. I hope, alongside Sinn Féin, to table some amendments to the Bill. I hope they get a good ear from the Minister of State, whether that is now or after the dust has settled and this Dáil has gone. I do not expect to see it enacted by this Government, but it has to be.

I thank Shane Ross. I worked with him, and despite many an argument, he came down to Tipperary and visited the O'Brien family and listened to their case. He provided a listening ear. Our job, as legislators, is to listen to the people, act for them and protect them above all else. I raise the whole situation regarding the protection of evidence and securing the scene. In the O'Brien and Esmonde case, nobody was there to see what went on. The boat that caused the wave was not impounded or searched and no forensic evidence was taken to identify who was driving it. A whale watcher was sitting 600 m away. Apparently he heard the two young men screaming for help. I know we cannot use the word "lies" here, but the fibs that were told to the coroner's court about what happened is shocking. This would be okay if we were talking about some incident where people were out clay pigeon shooting or hunting for a day and something happened, but these were human lives. They had children, mothers, fathers and siblings. I salute Anne Marie O'Brien from the bottom of my heart. She should get a medal for her effort and tenacity in searching for justice, not only for her family but for future families that may be in this situation. Many other families have been in this situation.

I know of another case that happened off the coast of Ring and An Seanphobal. There were also cases in Clare. Many cases were discussed by the committee. It was an appalling list. The Whiddy Island disaster should never have happened. They were warned about that. As I said, we must have legislation now. It behoves us as public representatives and Teachtaí Dála, if we are worth our salt, to insist that the legislation is right and to look at other international examples of best practice.

The legislation makes all kinds of promises. It is nice to read and is flowery, but it needs teeth. It has to be tied down, be factual and leave no room for evasion or stepping out or going underneath the wire. It must be clearly stated. That is why I hope the Minister of State will be willing to accept some very logical and reasonable amendments from the Opposition because we are all trying to create a safer maritime seagoing experience for all of us and for families to come. We have to learn lessons and ensure that it is robust. I know there is plenty of international experience.

I want to discuss the background of the current marine accident investigation framework. Currently, marine accidents in Ireland are investigated by the Marine Casualty Investigation Board. It is not fit for purpose. We need to improve the maritime framework. That is what the Government is stating in the Bill. We all want that. The Bill aims to align Ireland’s marine accident investigation framework with EU Directive 2009/18/EC. This directive establishes the fundamental principles governing the investigation of marine accidents and incidents within the EU. It emphasises the need for independent investigations to improve maritime safety and prevent future accidents. If it were not for the EU, we would not be here doing this at all. I mean that. I am often very critical of the EU but many citizens now have to go to the European courts to get justice because they cannot get it in this country. It is a sad indictment of our democracy, our public service and our criminal justice system.

In comparison with other sectors, the establishment of the MAIU mirrors the approach taken in other transport sectors in Ireland. For example, the AAIU and RAIU are in place to investigate accidents in aviation and rail transport, respectively. These units operate independently to ensure unbiased investigations and enhance safety standards. We hope that is what they do. I believe that is what they would do. We have to have the exact same for the MAIU. We cannot allow the situation to continue. It has been like the Wild West for decades.

The Bill also addresses the regulation of offshore service vessels and the carriage of industrial personnel, which I welcome. Ireland is a party to the International Convention for the Safety of Life at Sea. Surely, the safety of life must be the most important aspect of life to any of us here in our duties. We are privileged to represent our constituents. The Bill aims to fulfil Ireland’s obligations under this convention by establishing a robust regulatory regime for offshore service vehicles. It is lovely aspirational language, but is the Bill robust enough? Have we sought advice from people in the know, who understand this and have done this to make sure it works properly? One of the key aspects of the Bill is the emphasis on the independence of the MAIU. Independent investigations are crucial for maintaining public trust and ensuring that safety recommendations are based on objective findings. The Bill includes provisions to safeguard this independence and manage conflicts of interest effectively.

My God, that paragraph alone covers wholeheartedly the situation at Helvick Head. There was nothing, there was no investigation and the families deserve better than that. This is here as part of it but we must ensure it is robust enough, it is effective and, above all, it is independent. It cannot be got at and there cannot be a wink and a nod from anybody else. We cannot have a situation where a boat was taken into custody after two lives were lost on it and the engine taken off it and sold, swapped or disposed of. It was a disgrace that this could happen. This must be really tight. All the organisations from An Garda SIochána, MCIB and any other agents of the State such as the fire and rescue services, the ambulance service and the coroner's court must have full access to what happened. The Minister of State, Deputy Browne, recognised and saluted the rescuers in the lifeboats and, of course, we must do that but we must also ensure where a tragedy happens, and, unfortunately, accidents do happen, they will be fully, independently, robustly and honestly investigated.

There are potential challenges. While the Bill aims to enhance marine safety, its success will depend on several factors. Effective implementation of the new regulatory framework and the transition from the MCIB to the MAIU will be critical. We have to have co-operation there. We often find that when people have powerful positions on these boards, they do not want to relinquish them. I know two of them are gone. I salute people who go on boards. Many of them do good work and give of their time and expertise but this area has been wildly neglected and too many lives have been lost with no accountability and families yearning for answers. Ensuring compliance with the new regulations and maintaining rigorous inspection standards will be essential for achieving the Bill’s objectives.

The main objectives of this Bill are to establish a marine accident investigation unit within a timely period. I would not say it is the autumn; it is nigh on the winter of this Administration so the winds are blowing and the sands are shifting. I think the Taoiseach went to Áras an Uachtaráin this morning for some other business. People thought he was going to the country so it will not be long. Tá sé ag teacht. I hope this Bill will do what it says on the tin. I hope the Minister of State will accept any amendments and we will have meaningful discussion, a practical outcome and above all, assurances to the families of those who lost their lives. As I said, I could name up to 100 people. It is so sad. I hope their families will not be left scratching; asking questions; going from Billy to Jack to Meg to Tom to Mary and Alice; going to meet the data commissioner; and getting no answers. This is not acceptable in a so-called democracy.

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