Seán Canney (Galway East, Independent) | Oireachtas source

I thank Senators for their contributions. This amendment deals with a number of points relating to search and rescue operations, including the conduct of an investigation in this context, the expertise of investigators, co-operation between the MAIU and the SAR bodies, the exemption of volunteers from certain requirements in the Bill and the collaborative development of safety recommendations.

I remind the House that the MAIU will be an independent unit, the purpose of which will be to determine the cause or causes of marine accidents and make recommendations that seek to improve maritime safety in the future. As an independent unit, the conduct of an investigation will be a matter for the chief investigator or his or her designated investigator in charge. The chief investigator will be guided in this regard by the casualty investigation code of the International Maritime Organization, IMO. It would not be appropriate to prescribe in legislation particulars regarding how an investigation into an accident involving search and rescue operations is conducted.

I have stated previously, and it remains my view, that it is not desirable to provide in legislation for the specific qualifications and experience of individual investigators. Section 9 requires that the MAIU be staffed by investigators who possess the requisite qualifications and experience in order for the unit to deliver its functions. The chief investigator will be responsible for ensuring the MAIU can effectively perform its marine accident investigation functions, including by ensuring staff across the unit develop and maintain the appropriate mix of skills and training.

There is nothing in the Bill to preclude the MAIU from developing, within the protocols, a memorandum of understanding with SAR bodies regarding how they work together within the confines of their respective remits. However, such arrangements are not appropriate for legislation. It is a matter for the chief investigator to determine whether such protocols are needed and what arrangements should be set out therein.

On exempting search and rescue volunteers from certain requirements within the Bill, I am concerned that this would weaken the ability of investigators to collect crucial evidence. I remind Senators that the purpose of a marine safety investigation is not to apportion blame or determine liability but to seek to identify the cause of the accident to develop safety recommendations. It would not be appropriate, nor would it be in line with our EU obligations regarding independence, for the MAIU to be required to develop safety recommendations in consultation with search and rescue organisations. I would like to highlight, however, that section 33 requires the MAIU to share a draft report with anyone likely to be adversely impacted by its publication. The Bill provides that the MAIU should take any observations submitted in accordance with this section into account before publishing its report and may incorporate the observations into its findings or recommendations in the report, or make such comments on them in the report as it sees fit. Given the reasons I have stated, I trust Senators will understand that I have decided not to accept the amendment.