Joe McHugh (Donegal North East, Fine Gael) | Oireachtas source

I will try to be as co-operative as possible. Every company has bought into a safety regime, and companies will have their triggering and alert systems. That is done straight away, but this provision is about providing a report. It is not a one-line or two-line message stating that an incident has happened at such-and-such a place. It refers to a full and extensive report.

The purpose of the Bill, to elaborate on the matter a little, is to transpose the offshore safety directive into domestic law to ensure that there is consistency in the regulation of safety with respect to petroleum activities throughout EU member states. Section 15(2) of the Bill is a direct transposition of a provision in the directive, which states:

Where an activity carried out by an operator or an owner poses an immediate danger to human health or significantly increases the risk of a major accident, Member States shall ensure that the operator or the owner takes suitable measures which may include, if deemed necessary, suspending the relevant activity until the danger or risk is adequately controlled. Member States shall ensure that where such measures are taken, the operator or the owner notifies the competent authority accordingly without delay and no later than 24 hours after taking those measures.

The purpose of this provision is twofold. First, its intention is to ensure that the owner and operator are bound by these obligations. Second, the primary function is to ensure that immediate action is taken to address the cause of any imminent danger and that the company concerned, having done so, notifies the regulator as soon as possible thereafter.

The directive requires immediate notification in the event of a petroleum incident. It requires notification within 24 hours where an operator or owner takes suitable measures, including suspending an activity where the activity poses an immediate danger to human health or significantly increases the risk of a major accident. With the prescribed timelines, the directive differentiates between an incident that has actually occurred and a potential danger that an owner or operator has acted to address. It is reasonable, therefore, that the text of the directive be transposed into Irish law as set out. On this basis, I do not propose to accept this amendment.

On the face of it, I appreciate the argument Senator Daly put forward. However, it is important to point out that the reporting mechanism is not a phone call or a one-line email. It is a full report of what the company did and how the owner or parent company implemented its safety plan within that short period of time, which, obviously, might mean shutting down operations.