Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I thank the Senators for their contributions. I remind the House that the primary purpose and focus of the Bill is to amend the Merchant Shipping (Investigation of Marine Casualties) Act 2000 to facilitate a revised board composition for the MCIB.

In the various interactions of the Minister, Deputy Eamon Ryan, and me with Oireachtas Members on this Bill to date, we have consistently highlighted the reasons for regarding the Bill as a necessary intermediary step to ensure and support the continued functioning of the MCIB as the marine investigative body in the State and thereby meet our EU and international obligation to have an independent marine casualty investigative body in place.It has been explained that the Bill is the first step in a reform process and that further legislative change in this area is proposed, arising from the completion of a separate review of the legislative structural framework that applies to marine casualty investigations in Ireland. These statements and commitments must be borne in mind when considering this amendment.

I am concerned by the proposal in the amendment, as it anticipates and refers to the implementation of unspecified reforms to the Marine Casualty Investigation Board, MCIB. It is my view that this goes beyond the scope of the current Bill and related policy decisions taken by Government. Acceptance of such an amendment would expand the entire focus and intent of the current Bill. Having said that, I wish to remind Senators that the Minister, Deputy Ryan, has already indicated in Dáil Éireann and on Second Stage in this House his intent to deal with the wider structural reform issues in the area of marine casualty investigation. Further legislation in this regard is planned.

I will take this opportunity to inform the House that the Minister, Deputy Ryan, recently brought forward a policy proposal for a further reorganisation of marine casualty investigations structures to Cabinet. Cabinet approval has been given to the preparation of draft heads of another merchant shipping Bill to further amend the existing legislative framework and to provide for a new marine accident investigation structure based on the establishment of a full-time marine accident investigation unit, something to which the Senator made reference. Time is required for the development of the substantive proposals for the next stage of the reform process.

In the interim, there is a need to enact the current Bill before us today. It is important that the MCIB is supported in carrying out its role in accordance with international and EU requirements, pending the development and progression of future legislative reform in this area. The continued operation of the MCIB during this transitional period is crucial and that is one of the aims of the current Bill.

With regard to a report on the implementation of the current Bill, if enacted, Senators Boyhan and Norris will be aware that, in accordance with Dáil and Seanad Standing Orders, 12 months following the enactment of the Bill the Minister will be required to provide a post enactment report which shall review the functioning of the Act. Such post enactment reports will be laid in the Library for the information of all Oireachtas Members and will outline the developments regarding to the implementation of this Bill.

In addition, the draft heads for the proposed next merchant shipping Bill to implement the next steps of the structural and organisational reform process in regard to marine casualty investigations in this country will, in due course, be subject to engagement with the Committee on Transport and Communications, including pre-legislative scrutiny as part of the normal legislative process. In all of these circumstances, it is considered that amendment No. 2 is unnecessary. As I have explained, existing requirements will facilitate reporting and engagement with the committee on the implementation of the current Bill and in the coming period on the reform proposed in the next merchant shipping Bill. For these reasons, I do not propose to accept the amendment.