Seán Canney (Galway East, Independent) | Oireachtas source

I move amendment No. 1:

In page 24, line 12, after “in” to insert “civil or”.

this section was amended on Committee Stage to ensure accident investigation reports of the marine accident investigation unit, MAIU, are prohibited from being used in criminal proceedings. I wish to further amend this section to also prohibit their use in civil proceedings. It is a strict requirement of the EU directive that investigations of the MAIU must be independent of criminal investigations or other parallel investigations held to determine liability or apportion blame. This amendment makes this distinction clear in respect of the use of evidence. This amendment will also reduce the risk of a chilling effect by ensuring witnesses and those involved in marine accidents can provide information without fear of this information being used in litigation. It is also important to note this amendment would not preclude a coroner from referring to a report of the MAIU in a coroner's inquest as questions of liability, whether criminal or civil, are not part of the coronial process.

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