Pádraig Mac Lochlainn (Donegal, Sinn Fein) | Oireachtas source

It has been a long, sorry journey to get to this point. It is such a pity this is a missed opportunity in many respects. The eminent maritime safety expert, Michael Kingston, has come before the Oireachtas committees, as well as other experts, and they have given their analysis and views. It appears that not much has been taken on board. In the case of Michael Kingston, as mentioned by my colleague, Deputy Daly, his father lost his life in the Whiddy Island disaster.

That has clearly motivated him to try to stop other families from enduring the same cruelty, unnecessary cruelty in many instances. It is about learning the lessons of tragedies and ensuring they are not repeated. It is about ensuring the necessary awareness and training is available for people who are sent out and put in harm's way to save lives.

I am visualising the movie "The Perfect Storm". Deputies might recall it is about fishermen and a terrible weather occurrence on the east coast of the United States. I remember how the search and rescue team was sent out. It was an incredible movie in how it conveyed the unbelievable danger people endure when they are sent out to save lives. This issue is huge. It could be argued that many people in Ireland have lost their lives unnecessarily in recent decades because lessons have not been learned. That is the importance of what we are dealing with.

I made a Second Stage speech on the Bill and identified a range of areas where changes were needed. None of that has been listened to. There will be an opportunity to do so. I appreciate the Minister of State is new to his role but I ask him to take on board what myself, Deputy Daly and other Deputies have said here tonight. The Bill will have to go before the Seanad and I ask the Minister of State to please listen and maybe make some changes in the Seanad to make this Bill work. Sadly, we cannot support this Bill as it is presented tonight. It is a missed opportunity. It is not what it should be. We hope that if we are listened to, we will be able to support the Bill when it comes before the Seanad and it will be a Bill we can embrace when that time comes.

I should point out the history. Neither of the reports from Róisín Lacey or Captain Clinch have been acted upon. They were brought in as experts to talk to the stakeholders and make recommendations, but those reports were not acted upon. Incredibly, the Clinch report has been withheld. It would have been crucial to us as legislators in contributing to this Bill and tabling amendments but it was withheld. The Oireachtas committee supported the call for it to be published but that did not happen. I ask the Minister of State to look at the Lacey report and ask why the Clinch report is not being published. Perhaps it could be published now, in advance of the Bill going to the Seanad.

As the Minister of State is aware, the intermingling of the Department of Transport over-reaching and not ensuring we had independent investigative procedures, led to the European Court of Justice ruling against us. That is why we are here tonight. The Cape Town Agreement is the international framework relating to the safety of fishing vessels. While much of it is applicable to some European directives, the State needs to embrace the agreement. I have repeatedly raised this issue in parliamentary questions, and repeatedly the Government has not embraced it. Why has it not done so? This is going to happen. It is an international agreement to which more and more states are signing up. Why is it not being embraced? Why is the spirit of the Cape Town Agreement not at the heart of this legislation? Why, after our State has been called out in the international scene, do we continue to make mistakes and not handle this properly?

I wish to deal with the whole issue of an accident and investigation office which would examine and encompass aviation, rail and marine. Everything would be under the one roof. It was one of the recommendations put forward by Róisín Lacey in her report. Why has the Government not gone down that road and considered that? Why was that recommendation ignored?

I have referred to the Captain Clinch report. I again request that the Minister of State ask why it is not being released. Why are we being denied access to that report which would assist us to do our job as legislators? My understanding is it is an eminent report and the recommendations are important.

I am the Sinn Féin spokesperson on fisheries and the marine. When a person loses their life in a fishing accident - a fisherman - it is very important that lessons are learned in order that another family does not have to endure loss. There was a recent tragic loss in Carlingford, County Louth, when Gearóid McMahon sadly lost his life. Is the MCIB investigating that matter? I do not know whether it is. I appreciate the Minister of State cannot answer that question tonight but I ask him to come back to me on it. Has the MCIB - the current body - investigated that death? My understanding is there have been 15 or 16 deaths among fishermen in the past 15 years. Has the MCIB investigated every single one of those deaths, whether they happened at a pier or harbour or at sea, or whether they were work-related? Has every single death been investigated? Are lessons being learned? I ask the Minister of State to provide clarification on that point, either now or after the debate.

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