Seán Canney (Galway East, Independent) | Oireachtas source

The section provides for the powers of investigators to give directions to any person in or in the vicinity of a ship or the wreckage of a ship involved in a marine accident. Such directions may prevent or regulate access to the scene of the accident. This is crucial for the preservation of evidence. The nature of investigations is such that an investigator must have powers to give directions orally and for those oral directions to have immediate effect. Investigators must be able to secure the site of an investigation immediately or risk compromising the evidence. If a person requests a direction in writing, this will be a matter for the chief investigator of the MAIU, not a matter for legislation. The reason is that requiring an investigator to provide directions in writing may cause ambiguity about the point at which those directions apply. If directions do not apply until received in writing, there is nothing to prevent a person from accessing the site of the accident in the meantime, potentially compromising crucial evidence. For this reason, I trust Senators understand why I am not accepting the amendment.