Paschal Donohoe (Fine Gael)

I move amendment No. 39:

In page 16, lines 35 and 36, to delete all words from and including "(but" in line 35 down to and including "undertaking)" in line 36.

This amendment refers to the person who might be involved in carrying out the audit of adequacy of how safety will be put in place and how it will be managed. The legislation here is quite pointed in stating that the person who will carry out that audit may also be somebody who can be employed by the person who is putting in the safety case in the first place.

To my mind, there are two consequences of this. The first consequence is that there is a potential for conflict of interest. If the person who is involved in putting together the safety case is the same person who is working for the company which is looking to get the safety case in and approved, there definitely appears to be potential for conflict of interest.

Second, I am certain there will be somebody in the future who will have concerns about a safety case that has been put in who could find himself or herself in a situation where the person who is creating the safety case is working for the company which is looking for the licence in the first place, and they will be sitting around asking how can this person be trusted and how can they ensure the safety case being put in is not biased. If such a situation were to develop it would create the perception of a conflict of interest, even if a conflict of interest does not take place. Given that we seek to increase confidence in this system and this legislation is worthwhile in attempting to do so, why not simply get ourselves to a point where the person carrying out the audit for the safety case should not work for the company which seeks to have the safety case agreed?