Dáil debates

Thursday, 6 October 2011

Topical Issue Debate

Air Accident Investigations

4:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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I am grateful for the opportunity to raise this important matter in the Chamber today. Next Wednesday will mark the second anniversary of a dark day in the lives of two decent families, because 12 October 2009 was the day on which an Air Corps aircraft on a training flight crashed at Cornamona , west County Galway, resulting in the deaths of two of the Air Corps' best and brightest, namely, instructor Captain Derek Furniss and Cadet David Jevens. I was Minister for Defence at the time and recall well the scene at Baldonnel aerodrome as the coffins were brought in late at night, as well as the sense of shock, anguish and helplessness that permeated the entire defence community and people further afield. These scenes were repeated in no small measure at the funerals over the next couple of days, both of which I attended.

Obviously neither I, as Minister for Defence, nor the defence community nor anyone else was in a position to bring the two young men back. At the time, however, we promised their families that we would set up immediately an investigation by the air accident investigation unit, which would investigate the causes and the reason this happened and would explain this fully to the families by way of publishing a report at the earliest possible opportunity. The intention was to enable a measure of closure to be brought to the families, which have suffered greatly as a result of this unfortunate incident.

Records will show that when an investigation of this type is established, it usually takes a year to investigate the matter and come to the final report, which then is published. In this case, two years will have elapsed next Wednesday and yet the final report has not been published. Moreover, I am sorry to state the lines of communication between the Air Corps and the Department of Defence and the families of the two - or certainly the family of Cadet Jevens - are minimal to say the least, which greatly disappoints me. The usual procedure is that a draft report is prepared and given to all the interested parties to read. Thereafter, any interested party within this country has 30 days in which to make an observation on the matter, while parties outside the country, usually the manufacturer of the aeroplane, have 60 days in which to communicate.

The draft report was not given to the families until 14 July last, which was 21 months after the accident. Observations were made and the matter literally has been in limbo since. The Jevens family, which has spoken to me about this matter, is suffering the greatest anguish. It is unimaginable and no words of mine could adequately do justice to the anguish and trauma that family has suffered as a result of this incident. Moreover, this has been exacerbated out of all proportion by the delay in publishing the report. Consequently, I ask the Government to publish this report. While the Jevens family will never get over the loss of young David - his younger brother's main ambition in life now is to join the Air Corps - they need some closure and this is the only closure the State can offer to them. As more than double the usual length of time has elapsed and the second anniversary of the accidents falls next Wednesday, I ask the Government to undertake to either publish the report immediately or to give me a good reason it cannot be published.

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I am pleased to take this opportunity to speak on behalf of the Minister for Transport, Tourism and Sport, who is attending a European Union Transport Council meeting today, on the subject of the final report regarding the accident to the Air Corps PC-9(M) training aircraft at Cornamona, County Galway, on 12 October 2009. On behalf of the Minister, the Department and myself, I express my deepest sympathy to the families, friends and colleagues of Captain Derek Furniss and Cadet David Jevens, who lost their lives in this tragic accident.

At the time of this accident, the Deputy was Minster for Defence and with the then Minister for Transport, he agreed the investigation of the accident would be conducted by the air accident investigation unit of my Department in accordance with Regulation No. 27(1) of SI 205 of 1997, Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations 1997. Three senior officers of the Air Corps were assigned to the air accident investigation team. A preliminary report on this accident was issued and published by the air accident investigation unit on 17 November 2009.

Following a complex and detailed investigation and in accordance with Regulation No. 18 of SI 205, a notice of findings that included a draft report on the accident was issued on 14 July 2011 to all interested parties associated with the accident. These interested parties included the families of both deceased pilots, the Department of Defence, the Air Corps, the state of the manufacturer of the aircraft, that is, Switzerland and the manufacturer of the aircraft, namely, Pilatus. All parties made formal comments, one of which was a substantial legal submission. These submissions required detailed consideration and a response from the air accident investigation unit in accordance with the requirements of notice of findings, Regulation No. 18(1)(c) of SI 205.

An additional factor that has contributed to the delay in finalising the report is the provision of the significant resources required to deal with the international commitments associated with the fatal accident involving a public transport aircraft at Cork Airport on 10 February in which six people lost their lives and six others suffered injuries. However, I am pleased to be able to inform the Deputy that the Air Accident Investigation Unit has advised me that its response to the submissions received is nearing completion and that the release of the final report is imminent.

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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I thank the Minister of State for his positive response. He will appreciate, however, that the delay cannot be justified. It took 21 months to get the draft report and now, two years on, the final report has not yet appeared. In the meantime the family is suffering tremendous anguish, pain, sorrow and a sense of loss. I have done my best to communicate to the Government the urgency attached to bringing closure to the matter. I am delighted that the Minister of State has told me that publication of the final report is imminent. While we will not hold him to it, perhaps he might like to venture an approximate timescale within which the family can expect to receive the report.

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I agree with the Deputy. The Government wants to bring closure - whatever closure might mean, as it is a word that is often used - for the families in their loss. I accept that they have endured considerable suffering. As I said, a substantial legal submission needed due consideration for a number of reasons which I will not detail. However, I assure the Deputy release of the report is imminent; it will be published in a very short period of time.