Seán Canney (Galway East, Independent) | Oireachtas source

I thank the Senator. These amendments deal with the experience and qualifications of investigators, the recruitment process and the eligibility requirements for appointment as investigator of the marine accident investigation unit, MAIU. First, I want to address amendments Nos. 6 to 8, inclusive, and 11, relating to qualifications, experience and training. Section 9 provides that the MAIU shall be staffed with investigators who possess the requisite independence, qualifications and experience who shall perform the functions of the MAIU. It is not desirable to provide in legislation for the specific qualifications of the investigators. It would mean that if any changes need to be made to qualifications in future, the primary legislation would need to be amended. Ireland is a member of the International Maritime Organization, IMO, the casualty investigation code of, which sets out the guidance regarding the qualifications of marine accident investigators. This code is updated periodically and the recommended qualifications and skills of investigators may change in future.

Regarding continuing professional development and training, this is similarly not a matter for legislation. The chief investigator is responsible for managing the business of the MAIU to ensure it can perform its functions. It will be a matter for the chief investigator to ensure that investigators maintain appropriate standards of continuing professional development. Paragraph (b) of amendment No. 7 seeks to provide that the recruitment of investigators shall not be at the sole discretion of the chief investigator. I assure Senators this will not be the case. Section 9 provides the Public Appointments Service, PAS, will manage the recruitment of investigators. PAS is the centralised provider of recruitment, assessment and selection services across the civil and public service. It provides an open and transparent recruitment process to identity candidates for public sector roles and has a strong reputation for independence and merit-based selection.

Amendment No. 10 arises from pre-legislative scrutiny. The general scheme of the Bill contained a provision stating a person who holds or held a position as a civil servant at any time during the five-year period before the establishment of the MAIU would not be eligible for appointment as an investigator. During pre-legislative scrutiny, it was argued by the expert stakeholders that this eligibility requirement was not necessary and that, given the size of our marine sector, it would be shortsighted to exclude experienced individuals who do not meet this criterion. The expert stakeholders proposed to reduce the period from five years to one year. I agree individuals should not be excluded by having worked in the Civil Service and, further, that removing the provision completely is the most appropriate course of action.

The Bill provides extensively for the independence of investigators on marine safety investigations. Section 7 provides that the MAIU must be independent in its organisation and in the performance of its functions. Section 9 provides that investigators shall be independent and section 10 obliges the chief investigator to ensure the compliance of the unit with the independence requirements of the EU directive. Section 10 also provides that the chief investigator of the MAIU shall not receive instruction from any official in the Department with a role in the maritime policy or operational area.

Section 11 outlines detailed provisions regarding conflicts of interest, including a requirement that the Minister put in place a robust conflict of interest policy within six months of the establishment of the unit. Section 28 outlines strict provisions regarding confidentiality and sharing of information.

The Bill is clear the maritime division within the Department of Transport will have no involvement in the MAIU. Given the extensive nature of the provisions regarding independence of investigators in the Bill, I do not believe amendment No. 10 is necessary. Including it would exclude experienced individuals from applying from investigator roles. Given all I have outlined above, I trust Senators will understand why I have decided not to accept these amendments.