Seanad debates
Tuesday, 4 March 2025
Merchant Shipping (Investigation of Marine Accidents) Bill 2024: Second Stage
Section 18 provides for the requirement of parties involved in a marine accident to provide relevant information regarding the causes of a marine accident as requested by the MAIU.
Section 19 provides that the purpose of a marine safety investigation is not to attribute fault or blame.
Sections 20 and 21 transpose requirements of the EU directive to provide for the notification to the European Commission if the MAIU considers urgent action is required to prevent the risk of new casualties and for the MAIU to provide mutual assistance to member states carrying out a marine safety investigation.
Sections 22 to 27, inclusive, provide for the powers of investigators to conduct investigations, obtain search warrants, take possession of objects, give directions to secure a marine accident site, obtain records or other information, as appropriate, when conducting an investigation and have evidence preserved following a marine accident.
Section 28 provides for the disclosure of confidential information by staff within the MAIU to be prohibited.
Section 29 provides for an investigator to request a person to undergo a medical or physical examination for the purposes of an investigation.
Section 30 provides for the detention of a ship and for an investigator to require crew members to stay in the vicinity for a period not exceeding 24 hours.
Section 31 allows for the MAIU to re-open a completed marine safety investigation if new evidence becomes available that is likely to alter the findings.
Section 32 provides for the publication of a marine safety investigation report and that these reports shall not be admissible as evidence in civil or criminal proceedings.
Section 33 provides for the process for stakeholders to provide observations on a draft marine safety investigation report.
Section 34 provides for immunities from claims for the Minister and for consultants and advisers where they act in good faith.
Part 4 comprises sections 35 to 43. Section 35 provides for the dissolution of the MCIB on the appointed day.
Section 36 transfers the rights and liabilities from the MCIB to the Minister.
Section 37 transfers the records of the MCIB to the Minister.
Section 38 provides for any claim for liability or loss occurring before dissolution to be transferred from the MCIB to the Minister.
Section 39 provides for the final accounts and the final annual report of the MCIB to be completed by the MAIU.
Section 40 provides for the completion by the MAIU of anything that was commenced by the MCIB.
Section 41 provides for anyone who acted on behalf of the MCIB to be immune from claims following its dissolution, as long as they have acted in good faith.
Section 42 provides for the transitional investigation provisions for marine safety investigations which are already under way when the MAIU is established.
Section 43 provides for documents kept by the MCIB to still be admissible as evidence in a marine safety investigation after it is dissolved.
Part 5 comprises sections 44 to 52. Section 44 sets out the definitions associated with Part 5.
Section 45 provides for the application of Part 5.
Section 46 provides for the ability to make offshore service vessel and industrial personnel rules.
Section 47 provides for the powers of authorised persons to include either a surveyor from the Marine Survey Office or a recognised organisation acting on behalf of the Minister for Transport. Under this section, it will be an offence to obstruct or interfere with an authorised person in the course of their duties.
Section 48 provides for the issuing of an industrial personnel safety certificate.
Section 49 sets out the criteria for the endorsement, extension, suspension or revocation of an industrial personnel safety certificate. A person may appeal the suspension or revocation of a certificate to the Circuit Court.
Section 50 provides a surveyor from the Marine Survey Office with the power to detain an offshore service vessel which is not in compliance with the rules. A person has the power to appeal a notice of detention to the Circuit Court.
Section 51 sets out the offences and penalties for non-compliance with specific sections under this Part.
No comments