Seanad debates
Tuesday, 4 March 2025
Merchant Shipping (Investigation of Marine Accidents) Bill 2024: Second Stage
5:05 am
Joanne Collins (Sinn Fein) | Oireachtas source
I welcome the Minister of State. I strongly oppose the merchant shipping Bill in its current form. While the intention behind this Bill to strengthen maritime safety and ensure proper maritime accident investigations is one we would all support, this investigation falls far short of what is needed. Time and again, the Government has ignored expert recommendations, failed to implement best practices and disregarded the voices of those who have lost loved ones at sea. This Bill is a missed opportunity and is incomplete, insufficient and fundamentally flawed. We have a record of failure in marine safety. Ireland has a poor track record when it comes to maritime accident investigation and safety standards. We have been reprimanded by the European Court of Justice for failing to maintain independent investigative procedures. According to the Health and Safety Authority, between 2014 and 2022 there were 29 fatal marine accidents, resulting in 39 deaths in the fishing sector alone. Of these, 87% were due to drowning and 38% were linked to vessels capsizing. The Marine Casualty Investigation Board, MCIB, which this Bill seeks to replace, has been criticised for lacking independence and failing to conduct thorough investigations. The Cape Town Agreement, an international treaty designed to improve the safety of fishing vessels, has still not been ratified by Ireland. The Government's refusal to fully commit to international safety standards puts Irish lives at risk. The Bill does not go far enough to address these failures. It does not ensure that lessons are learned from past tragedies and does not guarantee that future accidents will be properly investigated. As a result, Sinn Féin will table a number of amendments on Committee Stage.
There are a few key problems with this Bill. It does not provide sufficient safeguards to ensure that the marine accident investigation unit, MAIU, will operate independently. There is no provision to prevent former Department of Transport officials being appointed as investigators, creating a conflict of interest. The Government has failed to guarantee the MAIU will be properly resourced. Sinn Féin proposes an amendment to mandate funding for three full-time investigators, assistants and technical support staff. This should not be left to ministerial discretion. The MAIU must have its own premises, staff and technical equipment independent of any Government Department. The Bill does not require that accident investigators have the necessary expertise in marine engineering, naval architecture or sea-going experience. Sinn Féin's amendment's mandate that investigators should be suitably qualified and that all investigators undergo continuous professional development in line with international best practices.
The Clinch report on marine safety has not yet been published despite repeated calls from the Oireachtas committee. The Lacey report recommended a full independent national accident investigation office covering air, rail and marine accidents but this has been ignored. The Government's failure to publish key reports and recommendations undermines trust in this Bill. The Bill does not guarantee that all maritime deaths will be fully investigated. Sinn Féin's amendments require the MAIU to work with coroners, An Garda Síochána and other authorities to ensure a proper investigation process. Investigators must be required to appear before the coroner's court when requested, ensuring full accountability in cases of maritime deaths.
Under this Bill there is no mechanism to reopen an investigation if new evidence emerges. Our amendments would allow investigations to be reviewed and reopened if significant errors were made or if new evidence came to light. This Bill does not bring Ireland in line with best practices in maritime accident investigation. The UK and other EU countries have dedicated and fully independent investigation bodies. This Bill fails to meet that independent standard.
No clear protocols have been outlined for co-operation with international investigative bodies which is crucial for incidents involving foreign vessels. There is no requirement for the marine accident investigation unit, MAIU, to be represented on European or international maritime safety agencies, meaning Ireland risks being left behind in improving marine safety.
We cannot support the Bill as it stands. This Bill in its current form does not go far enough to protect Irish seafarers, rescue workers and maritime communities. It does not ensure independence, transparency or accountability. It does not provide adequate resources to the new investigation unit. It ignores expert recommendations and fails to address the lessons of past tragedies. We cannot afford another missed opportunity to fix our broken marine safety system. If the Government accepts the Sinn Féin amendments, we will reconsider our position. However, as it stands, we cannot support a Bill that fails to protect Irish lives at sea.
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