Seanad debates

Wednesday, 13 December 2023

Nithe i dtosach suíonna - Commencement Matters

Coast Guard Service

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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I welcome the Minister of State, Deputy Chambers to the House and thank him for being here, as line Minister, to take this matter. It is always important to thank the Minister with specific responsibility for being here for Commencement Matters.

Photo of Regina DohertyRegina Doherty (Fine Gael)
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I thank the Minister of State for being here this morning. The issues myself and Senator Craughwell are raising predate his tenure as Minister of State at the Department of Transport but they are current issues. We have been raising these concerns in the Seanad for months. The process to award the tender for the new search and rescue contract is utterly flawed. I refer to the exclusion of the Irish Air Corps, because they had suggested they would use an AgustaWestland AW189 helicopter, and the subsequent awarding of the contract to somebody using an AgustaWestland AW189 helicopter. The bid evaluations were all over the place. The winner was not only more expensive; we all know they have reputational delivery issues on their contracts in Netherlands. The Minister of State will be aware the incumbent took a High Court case to pause the awarding of the contract but the judge refused to do so, on the basis that it would cause a risk to life of Irish people. Maybe he was right. During the Oireachtas committee hearings over the past couple of months, we have invited the Ministers, Secretaries General, senior officials in charge of the tender, and Andy Evans, who excluded the Irish Air Corps and ultimately evaluated its tender bid. The Secretary General of the Department has refused permission to all of those people to attend the Oireachtas committee to talk about the process.

The incumbent, CHC, is due to leave the service in June 2025, after the transition to the new service provider, Bristow. However, what really concerns me today about this transition is that I am reliably informed that Bristow has looked to take CHC staff in advance of that transition to the first base of October 2024. I am also reliably informed that Bristow have issued CHC a legally worded agreement to sign, which means the numbers they are looking to transfer to Bristow equate to 80% of the staff of one of our four bases. That really should concern us. Anybody who knows anything about search and rescue would know that this poses a serious risk to the current incumbent and, therefore, a serious risk to life. I do not know how any operator would be expected to maintain a service when 80% of their staff in one base have been taken off them. It is really bizarre and scary. Normally a new operator would come with a transition team but it is clear to me based on the request by Bristow to CHC that Bristow does not have a transition team and is quite happy to put the current service in jeopardy.

Photo of Gerard CraughwellGerard Craughwell (Independent)
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The Minister of State was spokesperson on defence in a former life. The notion that a country would not have sovereign capability in search and rescue is repugnant to any reasonable person. The Irish Air Corps put a 415-page document together as part of their bid to take just one base. We wanted CHC, the SAR operator, to hold three bases and the Air Corps to take just one base. I made predictions to both Ministers, who both wrote to me and said they did not know what is going on but that they trusted the public service to do a good job and went on about procurement rules and so on. At no stage did any of us try to influence the procurement of this contract. We wanted to make sure that we had sovereign capability. If a helicopter was grounded for a reason and if the Air Corps was available, they could take that over. The bottom line is that we are winding up with the helicopters we were told were not suitable. Bristow is now looking for 80% of one base. That means the Irish Aviation Authority, IAA, must get involved now. Somebody somewhere has to call a halt to this. We are going to finish up with lives being put at risk simply because the people involved in the procurement of this contract do not understand aviation. There is no aviator in the Department. There is nobody there to advise the Minister of State on aviation. The predictions we were making over the past two and a half years are coming home to haunt us. We will find ourselves having to close a base in the not-too-distant future if Bristow gets its way because you cannot operate without 80% of your staff. The IAA needs to be called in right now and the Minister of State needs to call them in and ask for advice at this point in time.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I thank the Senators for raising this matter. On 30 May 2023, the Government approved the awarding of the next generation Coast Guard search and rescue aviation service contract to Bristow Ireland Limited. The new contract will enable the Irish Coast Guard to continue to provide world-class maritime and inland search and rescue services, environmental monitoring, helicopter emergency medical and air ambulance services, with enhanced mission control and communications systems and, for the first time, introduces a fixed wing element. This long-term next generation contract will run for ten years, with options to extend out to 13 years, to 2036. The contract makes provision for the Air Corps to provide the fixed wing service after five years.

The new contractor, Bristow Ireland Limited, was selected following an extensive and comprehensive procurement project undertaken by my Department that included an initial market engagement process, a pre-qualifying process, an initial request for tender, a negotiation process and final evaluation of a best and final offer tender from the shortlisted bidders. The Chief State Solicitor’s Office, with assistance on occasion from the Office of the Attorney General, provided legal advice to the Department throughout all stages of the process. An independent external process auditor provided regular written assurances to the Accounting Officer of the Department, confirming that each stage of the procurement process complied in full with all relevant EU procurement rules and national guidance, and that the evaluation of tender submissions was conducted with the highest level of professionalism, rigour, and diligence and was evidence-based.

The new service contract provides for the operation of four helicopter bases all on 24-7 duty. Bristow Ireland Limited will operate six AW189 helicopters from four dedicated bases in Shannon, Sligo, Waterford and Dublin Weston Airport. All bases will have enhanced crew accommodation facilities.In an expansion to the current aviation service for the Coast Guard, two King Air fixed-wing aircraft based at Shannon Airport will provide support for Coast Guard search and rescue operations and environmental monitoring. This will provide for 24-7 availability of one fixed-wing aircraft at any one time. The new aviation service will be delivered through a fleet of modern fuel-efficient aircraft, which have the potential to reduce emissions. The new contract and in particular the fixed-wing element will also provide the Coast Guard with an enhanced capability to monitor the maritime environment, mindful that we anticipate major investment in offshore renewable energy and a growth in continental and other international maritime traffic in the years ahead.

In addition to delivering on its primary roles, the contract provides added value to the State in that the Coast Guard will continue to be equipped to support inland search and rescue, missing person searches and mountain rescue in collaboration with mountain rescue teams, as well as provision of air ambulance and patient transfer services to the National Ambulance Service, including day and night air ambulance services to the offshore island communities and the provision of any other emergency support or humanitarian requests that may arise.

The addition of the fixed-wing capability will greatly enhance the Coast Guard’s capacity to deliver on its assigned roles. The Department and the Irish Coast Guard look forward to working closely with Bristow Ireland Limited in delivering these essential State services. The transition will be a gradual process and the new aviation service will be introduced on a phased basis between now and July 2025 with the first base not going live until quarter 4 of 2024.

The Department and the Irish Coast Guard will facilitate and support and expects to see an orderly and seamless transfer of operations between both contractors - CHCI and Bristow Ireland. The current contract requires that the outgoing operator, CHC, enters into an exit plan and co-operates fully with the Minister and any other party in the transfer of arrangements as may be notified to him by the Minister.

I fully recognise the professionalism and dedication of all personnel engaged in the provision of this essential State service. The specialist expertise of the CHC personnel is highly valued and the experience gained over many years in providing Irish Coast Guard search and rescue and other aviation services will continue to be a valued and sought-after resource. It is imperative that existing and future staff be fully appraised of employment and advancement opportunities available under the new service so as to reduce any uncertainty or distraction.

To that end, I understand Bristow Ireland has indicated that it will be applying the principles of the transfer of undertakings, TUPE, provisions in transferring staff into the new operation. It is currently engaging proactively with Fórsa and Unite trade unions and with the incumbent contractor on a regular basis with a view to agreeing the modalities for the transfer of responsibility of the service, including staff, in line with its respective contractual obligations.

As with the introduction of an any new system, challenges and risks will emerge from time to time. It is important that systems and structures are in place to manage these risks. A new dedicated team has been established within my Department to manage and oversee the implementation of the new contract. There is regular constructive engagement with both the incumbent and the new service provider. Transition progress is being monitored formally on a monthly basis and more frequently as required. I assure the House that during this transition phase, continued safe, efficient and effective aviation services for the Irish Coast Guard is the overarching priority for all concerned.

Photo of Regina DohertyRegina Doherty (Fine Gael)
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There is something really worrying in the Minister of State's response. He is telling me that the CHC contractor must fully co-operate with the Minister in the transfer arrangements. Is he telling me that the Minister stands over the fact that 80% of the staff of one of our bases will be gone from January before that base becomes fully operational in October 2024, therefore, putting people's lives at risk? Are these the instructions and direction of the Minister and the Department who the Minister of State says are standing over this transition? Andy Evans from Aerossurance is the man who evaluated the tender. I want to know if he scored Bristow Ireland's transition plan with higher points than he scored CHC's transition plan. I want to know what the IAA thinks about having 80% of the staff of one of our bases going to a company that will not be providing a service, leaving the people who are currently providing the service null and void. I want to know why the successful bidder that has to look after our service for the next ten years is not concerned about putting people's lives at risk for ten months.

Photo of Gerard CraughwellGerard Craughwell (Independent)
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The crash of Rescue 116 left the Department exposed as a Department that was unable to oversee the search and rescue system in Ireland. As my colleague has pointed out, 80% of the crew of one base is about to be withdrawn for training with Bristow Ireland. This means that this base must close. I am asking the Minister whether he is prepared to call in the Irish Aviation Authority immediately. There is no aviator among the Minister of State's staff. Any team that is put together by the Department to oversee this does not contain aviators. Will the Minister of State call in the Irish Aviation Authority immediately and ask it to look at the transfer and the methodology that is being used by Bristow Ireland? Lives will be lost. We have already lost four very brave people.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I thank the Senators for their contributions. I always listen carefully to concerns and the matters raised will be carefully considered by my Department during the transition. We can all agree that the provision of an effective maritime search and rescue service is critical to Ireland as an island nation with a strong maritime sector. The sector depends on the reliability and professionalism of the Irish Coast Guard and all its component parts, including the Coast Guard aviation service, and our citizens rely on its support for medical emergencies.

To deliver on its responsibilities, a range of assets are available to the Coast Guard, of which the fleet of Coast Guard helicopters and fixed-wing aircraft is a crucial component enabling timely responses to time-critical and life-at-risk situations, as well as maritime environmental monitoring. I strongly believe that this new contract will deliver a step change in the capability and capacity of the Coast Guard to fulfil its responsibility for the provision of Irish maritime search and rescue services.

The Government welcomed the outcome of a new procurement process and has approved the awarding to Bristow Ireland. All relevant stakeholders are now strongly encouraged to work in partnership over the coming period to deliver a seamless and orderly transition between the old and new contracts. There will always be issues and challenges in introducing change and new services. I assure the House that there is regular and ongoing engagement between my Department, the incumbent contractor and the new service provider regarding these challenges. Progress with transition planning and implementation is being actively monitored formally and frequently by my Department. My Department will continue to monitor and review any potential risks emerging during the transition and will also review any challenges, mitigations or rectifications proposed by either the current or incoming provider. I assure the House that the overarching priority during the transition phase is to ensure the uninterrupted provision of search and rescue, air medical support and other essential State services by the Irish Coast Guard.