Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

I thank Senator Boyhan for the opportunity to respond to this amendment and to the debate. The main purpose of the Bill is to amend the Merchant Shipping (Investigation of Marine Casualties) Act 2000, to facilitate a revised board composition for the Marine Casualty Investigation Board, MCIB, and thereby remove risks associated with the current reduced board membership and ensure the quorum requirements of the Act continue to be met. The Bill is a transitional legislative measure to support the continued functioning of the MCIB as the marine investigation body in the State and in accordance with our EU international obligations to have an independent marine casualty investigation body in place.

As explained during the Committee Stage debate, the Bill is a first step of a reform process. I have recently obtained Cabinet approval for the preparation of draft heads for another merchant shipping Bill, which will provide for the further reorganisation of marine casualty investigation structures in Ireland based on the establishment of a full-time marine accident investigation unit. To answer one of Senator Boyhan's questions, I agree that it is that full-time characteristic that we need to establish. Therefore, this Bill is not the end of the legislative reform in this area.

I am concerned, unfortunately, at the contents of this proposed amendment for a number of reasons. First, it seeks to introduce a policy proposal in regard to the establishment of a regulator for the MCIB and, therefore, appears to pre-empt a legislative policy decision of Government. The effect of the amendment would be to require the Minister for Transport to examine and prepare a feasibility report on a proposal for a regulator of the MCIB, which policy proposal that has not yet been the subject of consideration by Cabinet. In that regard, the proposed amendment seeks to pre-empt a legislative policy decision of Government.

Second, a proposal for the establishment of a regulator of the MCIB goes beyond the scope of this Bill. It is completely different from recent policy decisions taken by the Government in regard to wider structural reform in this area. In my view, acceptance of such an amendment would expand the entire focus and intent of the current Bill and it is based on a policy approach that, as I said, has not been approved by Cabinet. I would not be in a position to accept such an amendment without further recourse to Cabinet on a detailed revised policy proposal in regard to what is envisaged as a regulator or the functions of the body or of the individual concerned.

Third, in view of the focus of current policy as approved by Cabinet, I do not consider it appropriate to pursue a report on the feasibility of a regulator in the manner and timeline proposed, particularly when the implementation of current Government policy decisions will see, as I said earlier, a transition from the existing MCIB structure to a full-time marine accident investigation unit in the medium-term. The current Bill supports the continued operation of the MCIB in accordance with international and EU requirements pending the development and progression of the next proposed reform legislation in this area. It has been explained that the continued operation of the MCIB during this transitional period is crucial.

As also explained on Committee Stage, a post-enactment report on the functioning of this Bill when enacted will be laid before the Oireachtas Library for the information of Oireachtas Members 12 months following the enactment of the Bill. This will outline developments in regard to the implementation of the current Bill. The draft heads for the proposed next merchant shipping Bill to implement the next steps for the organisational reforms process in regard to marine casualty investigation will also be subject to engagement with the Joint Committee on Transport and Communications, including for pre-legislative scrutiny as part of the normal legislative process.

I reiterate the intention to publish the Clinch report. As I said in an earlier Dáil debate, it is subject to Attorney General sign-off. I am still awaiting that, but I expect to receive it shortly. I cannot outline the contents or nature of the report in advance. As I said, the report is subject to Attorney General approval, which I hope I will receive very shortly. As has been said throughout this legislative process, that should not impinge on, shorten or delay the enactment of this legislation because it is required to meet a very specific purpose, namely, to provide a viable transitional arrangement as we develop the new legislation. Unfortunately, I am unable to accept the amendment, although I very much understand the spirit in which it is presented.