Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 64: To ask the Minister for Transport if he will create a single accident investigation board to examine fatal accidents involved in public transport, marine and rail, to report thereon and make recommendations; and if he will make a statement on the matter. [23694/08]

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

I have recently decided that the air accident investigation unit of my Department, the railway accident investigation unit within the Railway Safety Commission, and the Marine Casualty Investigation Board should be located together. The Government has recently accepted, as part of its decentralisation programme, that Drogheda should be the location for these functions. Furthermore, I have asked officials in my Department to look at integrating these functions and the issues arising.

The Garda investigates road traffic accidents, including those involving public transport vehicles, in accordance with the provisions of the Road Traffic Acts. I have no plans to change the statutory role of the Garda in that regard.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

I welcome whatever amalgamation the Minister proposes within his Department of the existing safety reporting of air accidents, marine safety matters and so on. The stark facts are that there have been two fatal bus crashes recently, one in Kentstown, County Meath where sadly five people lost their lives and many were injured and another on Wellington Quay in Dublin in 2004 where five people also died and several more were injured. The difference between the two crashes was the way in which they were investigated. The Garda properly investigated both, but the Health and Safety Authority could only investigate the accident in Kentstown, County Meath and could not investigate the Dublin Bus accident on Wellington Quay. We need an independent authoritative examination of all accidents where there are fatalities, especially for those involving public transport. Families need closure on these issues. There is no closure for the families involved as the Dublin Bus report into the crash on Wellington Quay remains to this day unpublished. It is not acceptable that Dublin Bus refuses to publish the report. I ask the Minister to address this issue, as the former Minister for Transport, Deputy Séamus Brennan, gave a commitment to a review of safety procedures in Dublin Bus.

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

I thank the Deputy for his support of the decision made to create a single accident investigation unit between the air accident investigation unit of my Department, the railway accident investigation unit within the Railway Safety Commission and the Marine Casualty Investigation Board. There are no plans to have anybody other than the Garda and, where appropriate, the Health and Safety Authority investigate road traffic accidents. The accident that the Deputy adverted to was investigated fully by the Garda. It initiated a very thorough investigation which led to a court case and evidence being produced. CIE and Dublin Bus also investigated the matter very thoroughly and, as is normal in any such accident where lives have been lost, any lessons that can be learned are learned and put into practice which is the case.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

I am amazed with the Minister's reply. Has the Minister for Transport sought a copy of the Dublin Bus report into that fatal accident? The answer is that he has not. What lessons have been learned following that accident? We do not know and the Minister for Transport does not know, as he has not sought a copy of the report. I have sought a copy and it has been refused to me for legal reasons. However, we have had legal problems with reports previously. The report on the accident in Kentstown will be published by Bus Éireann. The Minister has a duty of care, in the public interest, to insist Dublin Bus publishes its report into the accident on Wellington Quay. We do not know the findings of this report.

If the Minister does not set up an independent body to investigate such accidents which, unfortunately, are outside the remit of the Health and Safety Authority then we have no independent way of assessing the important resulting information. Throughout the country people who lose family members in accidents, including road traffic accidents, and where there are fatalities and serious injuries have no closure as the reports are not published. There are reports produced apart from Garda investigations. We want them all in the public domain. The Minister is failing in his duty of care if he does not set up within his Department an independent investigation unit into road traffic accidents and accidents involving private and public bus companies.

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

I do not agree with the Deputy on this matter. I would not impugn the Garda or its investigative abilities into road accidents.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

I have not impugned the Garda. On a point of order, that is a very serious allegation.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

What is the point of order?

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

I did not make any allegation.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

The Minister said I impugned the integrity of the Garda and I said no such thing.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Has the Deputy a point of order to make?

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

It is not in order for the Minister to make such an allegation. I ask him to withdraw it.

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

The Deputy should check the record of the House. I made no allegation. I said I would not impugn the integrity of——

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

The implication was——

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

The Deputy can take any implication he likes out of what I said. I would not impugn the integrity of the Garda or its investigation of road traffic accidents.

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Nor would I.

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

There was a full investigation of this matter by the Garda, with a prosecution and a court case. All the facts were made known. My Department has been assured by Dublin Bus that any issues arising have been dealt with fully regarding the safety of public transport.