Seanad debates

Wednesday, 27 April 2022

Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2021: Committee Stage

 

10:30 am

Photo of Timmy DooleyTimmy Dooley (Fianna Fail) | Oireachtas source

Like others, I sat on the transport committee and this issue got a good hearing. The issues raised by Senator Boyhan and others were well ventilated, were thrashed out and, I would say, reached a conclusion that did not meet the expectation or the wishes of anyone on the committee, but we reached a kind of a truce with assurances from the Minister. Senator Buttimer, other members of the committee and I put a lot of time into it. We were guided to a large extent by the evidence and by the information provided to us by Michael Kingston, a noted expert in this area, due not only to his personal expertise but to his personal and family circumstances, which were rooted in that dreadful accident that he has talked so eloquently about. The “Doc on One” on RTÉ did a very good piece of work on it, which is worth listening to for anyone who has any doubts about the matter.

In any event, we reached that point where we came to the conclusion that in order to comply with the Court of Justice of the European Union ruling, we needed to move quickly and we needed to move in a way that ensured that other investigations that were under way were not compromised or were not open to litigation. Due to the way the board was constituted or constructed, the Minister did not feel that it had the power without this legislation to go ahead and put the appropriate board in place. I do not think there is anyone on that committee who has given up, based on all the evidence we have heard, or who believes that this is a conclusion to an overall comprehensive review and the changes.

I am trying to recall some of the detail. There were promises made in the past that did not come to fruition. I know what Senator Boyhan is trying to do here: he is trying to stitch this in, rightly so, to try to get some commitment. I am sure officials in Departments will tell the Minister of State and others that it is not good for legislation to have those kinds of forward-looking, catch-all provisions that really do not say anything but are meant to create an encumbrance on someone in the future. All that says to me is that we need to work harder to bring about comprehensive legislation in respect of reorienting the entire investigation board, how it does its business, who it holds to account and how it works. It is not about working for us. It is about working for the people who, sadly, find themselves the victims of tragedy at sea and their families. There is a job of work to do. The commitment that has been made by the Minister of State and by the Minister is that they accept there is a continuation here. Those of us who sat on the committee for hours and hours reached a point where we felt we have to move on, but we are not doing so by leaving behind or not dealing with the issue. We know there is a piece of work that has to be done. The committee and, I assume, Senator Boyhan and others will continue to push for that to happen. As long as I am here, I will certainly be supporting that approach.

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