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

I propose to discuss amendments Nos. 10 and 11 together. Article 26 of the directive relates to an investigation following a major accident. It provides that member states shall initiate thorough investigations of major accidents occurring in their jurisdictions. A summary of the findings pursuant to paragraph (1) shall be made available to the European Commission either at the conclusion of the investigation or at the conclusion of legal proceedings, as appropriate, and the member state concerned shall make a non-confidential version of the findings publicly available.

The concept of a non-confidential version of the investigation report is to ensure that the publication of the findings of such an investigation is not delayed due to ongoing legal proceedings or enforcement action. It also recognises that an investigation will have access to information that may be commercially sensitive. The approach proposed in sections 16 and 17 of the Bill is fully consistent with the directive.

It is also worth noting that the Bill provides for a mechanism through which the Minister can give consent to the publication by the CER of a non-confidential version of a report in the normal way. It would be open to the Minister to publish a report when received. In making such a decision, the Minister would have to consider whether commercially sensitive or other confidential material should be published.

As the relevant provisions of the Bill represent a positive initiative with the intention of ensuring that the fullest possible information is provided as soon as possible, I do not propose to accept these amendments.