Seán Canney (Galway East, Independent) | Oireachtas source

I thank the Leas-Chathaoirleach.

I am pleased to introduce the Merchant Shipping (Investigation of Marine Accidents) Bill 2024 for the consideration of the House. The Bill establishes a marine accident investigation unit, MAIU, within the Department of Transport and provides for a transition from the current Marine Casualty Investigation Board, MCIB. The MAIU, led by a chief investigator and staffed by full-time permanent investigators, will serve as the designated investigative authority under the EU directive on marine accident investigation while also having the authority to investigate marine accidents beyond its scope. The purpose of these investigations is to identify the causes of accidents and make recommendations with the aim of improving maritime safety.

The Bill also provides for a regulatory regime to be put in place for the construction and operation of offshore service vessels and for the carriage of industrial personnel, which will support the offshore renewable energy sector. It also includes necessary updates to the International Maritime Organization's safety of life at sea convention and the International Labour Organization’s Maritime Labour Convention to enable more recent amendments to these conventions to be addressed in national secondary legislation.

Pre-legislative scrutiny on the general scheme of the Bill was carried out by the Oireachtas Joint Committee on Transport and Communications in 2023. Where appropriate, the recommendations of the committee have been incorporated into this Bill and, in my view, have strengthened it.

Before I go into the detail of the Bill, I would like to take this opportunity to acknowledge Ireland’s robust, internationally recognised maritime safety regime. It is important to highlight that the maritime safety functions of Ireland in my Department are subject to continuous and ongoing oversight and review by external third parties, including the International Maritime Organization, the European Commission, the European Maritime Safety Agency, and the National Standards Authority of Ireland, among others. We are among the best performers of IMO member states under the IMO member state audit scheme, which rigorously examines the maritime safety functions of the State, including accident investigation. Ireland is ranked in the top ten of global shipping registers in the white list of the Paris memorandum of understanding on port state control.

The safety of recreational craft users is a priority for my Department. Last September, following extensive stakeholder consultation, my Department published an updated edition of the code of practice for the safe operation of recreational craft. My Department regularly promotes the code and the safety messages contained within it through direct communication with stakeholders, marine notices and social media. To date, over 7,000 copies of the latest edition have been distributed.

I wish to express my appreciation for the ongoing work of the MCIB, its board members and its investigators. Their work has ensured that, where accidents have taken place, lessons have been learned and action has been taken to improve maritime safety. The move towards the MAIU will build on the important contribution that the MCIB has made.

There are substantive provisions within the Bill. Turning to the contents of the Bill, it consists of five Parts and 52 sections.

Part 1 of the Bill, entitled "Preliminary and General", is comprised of sections 1 to 5. These sections provide for standard legislative matters, including Short Title, interpretation, regulation-making powers, expenses, repeals and revocations.

Part 2, entitled "Marine Accident Investigation Unit", is comprised of sections 6 to 15.

Section 6 provides for the Minister to appoint a day for the establishment of the MAIU.

Section 7 establishes the MAIU within the Department and provides for the MAIU to be independent of any person or body whose interests could conflict with it. This section also designates the MAIU as the marine safety investigation authority for the purposes of the EU directive.

Section 8 provides for the functions of the MAIU which include carrying out marine safety investigations, making safety recommendations and publishing reports on each investigation.

Section 9 provides that the MAIU will be staffed with experienced, qualified and independent investigators, including a chief investigator, who will lead the unit.

Section 10 provides for the functions of the chief investigator. It also provides that the chief investigator shall not receive instruction from any official in my Department with a role in maritime policy or operations.

Section 11 provides for the Minister to develop a policy to manage conflicts of interest in respect of the MAIU. It also provides for the Minister to designate a civil servant within the Department who is not involved in the maritime area as a point of contact for any issues arising with conflicts of interest.

Section 12 provides for the removal of an investigator from an investigation due to a breach of the conflicts of interest policy.

Section 13 provides for the engagement of consultants and advisers by the chief investigator.

Section 14 provides for the MAIU to keep itself informed where a public authority may have a function that has a bearing on matters with which the MAIU is concerned.

Section 15 provides for the MAIU to publish an annual report identifying the marine accidents that occurred during that year.

Part 3 of the Bill, entitled "Marine Accidents and Reporting", comprises sections 16 to 34.

Section 16 provides for the MAIU to investigate marine accidents, including transposing the requirements of the EU directive in this regard.

Section 17 provides for the requirements of the master and-or owner of a ship, and certain maritime authorities, to notify the MAIU of maritime accidents. Failure of the master or owner to notify the MAIU of an accident is an offence.