Dáil debates

Tuesday, 2 April 2019

Ceisteanna - Questions (Resumed) - Ceisteanna Eile - Other Questions

Air Accident Investigations

4:15 pm

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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6. To ask the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 305 of 13 March 2019, if his attention has been drawn to the fact that the second interim report into the Rescue 116 disaster states that no second interim report will be forthcoming in view of the fact that a draft report is at an advanced stage; and when the report will be finalised. [15032/19]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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We have just passed the second anniversary of the tragic loss of life in the Rescue 116 disaster. The second interim report, which the Minister promised me would update us on the progress made to date, did not say anything. It was basically blank. The first interim report highlighted how an audit in 2010 by the International Civil Aviation Organization observed that while the Irish Aviation Authority, IAA, had established a mechanism for oversight of search and rescue co-ordination, there was no effective oversight of those entities for which it was responsible. In that context, what is the progress regarding this report and when will it be properly published?

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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We all sadly recall the tragic loss of Rescue 116 in the early hours of 14 March 2017 at Blackrock, County Mayo. First of all, I again wish to avail of this opportunity in the House to offer my sincere condolences to the families, colleagues and friends of the four crew members who lost their lives - Captain Dara Fitzpatrick, Captain Mark Duffy, Winch Operator Paul Ormsby and Winchman Ciarán Smith. I am also acutely aware that both Paul and Ciarán remain lost at sea.

I recall for the House that under international convention, European regulation and domestic law, the Air Accident Investigation Unit, AAIU, is the national safety investigation authority for aviation accidents and incidents. While it is located within my Department, it functions independently of me and my Department. Regulations provide for investigations to be held in private and are confidential. The sole purpose of such investigations is the prevention of future accidents and incidents and not to apportion blame or liability.

I can again confirm to the Deputy that in line with its usual procedures, the AAIU commenced its investigation into the tragic loss of R116 immediately on notification of the accident. The investigation has since published a preliminary report, AAIU Report No. 2017-006, which was published on 13 April 2017; an interim statement; AAIU Report No. 2018-004, which was published on 16 April 2018; and a brief second interim statement, which was published on 1 March 2019. All these reports are publicly available on the AAIU website. I was advised of the status of the second interim statement into the tragic loss of R116 on 28 February 2019 prior to its publication on 1 March 2019.

As I have previously advised the Deputy, no final report may be made to the Minister or made public until the draft report has been provided to interested parties for a 60-day confidential comment period following which any comments received must be considered and responded to by the AAIU. In that regard it is not possible at this time to provide the Deputy with a date for the publication of the final report.

I would, however, note that it is in no way unusual for the report not be finalised at this stage.  It is important that the investigation be thorough while also being as expeditious as possible, both to fulfil the national and international legal obligations on the AAIU and, indeed, out of respect for those who tragically lost their lives. For example, when the AAIU investigated EC-ITP, the Metroliner that crashed at Cork Airport on 10 February 2011, the final report was published on 28 January 2014. For international comparison, the Air Accidents Investigation Branch in the UK investigated an accident involving a Super Puma helicopter, registration G-REDL, which crashed in the UK on 1 April 2009. The final report was published on 24 November 2011.

Additional information not given on the floor of the House

The Accident Investigation Board Norway investigated an EC 225 Airbus Helicopter, which crashed on 29 April 2016. The final report was published  in July 2018.  The Italian Agenzia Nazionale per la Sicurezza del Vol investigated a Ryanair aircraft that crashed in Ciampino, Italy on 10 November 2008. The final report was published on 20 December 2018. I hope this additional information is of some help.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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I would like to put on the record that I think there is something very strange about this situation. For ten years, the Irish Air Line Pilots Association, IALPA, has been raising concerns with successive Governments and Ministers for Transport, Tourism and Sport regarding the IAA's effectiveness in fulfilling its safety, regulatory and oversight obligations.

We know that the first interim report into Rescue 116, published last year, highlighted a continuing lack of clarity on individual and collective responsibility for oversight of all aspects of search and rescue, SAR, aviation operations in Ireland. What happened? In May of last year, the Minister said he had asked his officials to review current oversight arrangements without delay. The Irish Air Line Pilots Association, which says it has been highlighting this matter for more than a decade, stated around the same time that it was seeking an early meeting with the Minister to address these issues. Did it get this meeting? The first interim report called on the Minister to conduct a thorough review of oversight of search and rescue operations. In January, he said he had initiated a review, work on which was ongoing. Essentially, these issues have been raised since a 2010 audit but the gaps remain. Why has the review the Minister initiated not concluded? These matters are incredibly urgent and I am extremely worried about the lack of serious detail that is emerging.

4:25 pm

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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The Deputy's questions merit answers. I will answer the question about what my Department is doing on foot of safety recommendations issued in the interim report, which I think is what the Deputy is addressing. The safety recommendation was that I "carry out a thorough review of SAR aviation operations in Ireland to ensure that there are appropriate processes, resources and personnel in place to provide effective, continuous, comprehensive and independent oversight of all aspects of these operations". My Department immediately set about commissioning a report by suitably qualified independent experts with strong international experience. The review process and the report were also the subject of peer review by various search and rescue entities in other jurisdictions. The report was published on the departmental website on 21 September 2018. There was a follow-up to the report on oversight of SAR aviation. Following publication of the Aerospace Qualified Entity, AQE, report on SAR aviation oversight, I committed to implement in full and without delay the 12 recommendations contained in the report. As matters stand, good progress is being made in line with timelines set out in the report.

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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There is something incredibly weird about all of this. I certainly do not have the answers but I will keep asking the questions. There are issues with search and rescue oversight in this State - on that I am absolutely clear. There is a lack of clarity and there are gaps in responsibility.

Regarding the Irish Aviation Authority specifically, does the Minister think the current corporate governance structure of the authority is appropriate for good safety regulatory oversight and enforcement? In particular, I would like him to comment on the following characteristics of the Irish Aviation Authority. Is the IAA good for oversight? Uniquely among national aviation authorities, the IAA is not subject to legislation on freedom of information is not subject to investigation by the Ombudsman, has a commercial mandate in aviation and has the power to write its own statutory instruments without direct input from an elected body. I am deeply concerned by the lack of an independent aviation safety oversight regime and the fact that the IAA has a variety of characteristics that would appear to work against its being effective and transparent. In the specific case of Rescue 116, there are issues with rescue and oversight. IALPA, which represents the pilots at the coalface of this, has been asking the Minister these questions. Is it not about time he started listening to them?

Photo of Shane RossShane Ross (Dublin Rathdown, Independent)
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I thank the Deputy for her advice on meeting IALPA. I will consider that in view of what she has said.

In response to the Deputy's question about the Irish Aviation Authority, recommendation No. 12 in the AQE report was to ensure that the IAA is involved directly by the Irish Coast Guard in the aviation regulatory aspect of the contract with the operator to ensure consistency in the application of relevant regulations and processes. I am happy to report that the IAA and the Irish Coast Guard are engaging in regular discussions on this and work is advanced on identifying a more permanent mechanism to enable this type of engagement to continue in accordance with the recommendation in the AQE report. As Minister, I will continue to provide updates to the Air Accident Investigation Unit on the progress in implementing these actions. I committed to implement in full and without delay the 12 recommendations contained in the report and, as matters stand, good progress is being made in line with the timelines set down in the report.