Written answers
Tuesday, 16 July 2013
Department of Transport, Tourism and Sport
Air Accident Investigations
Andrew Doyle (Wicklow, Fine Gael)
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1211. To ask the Minister for Transport, Tourism and Sport the persons who are perceived to be interested parties by the air accident investigation unit of his Department when a draft final report is issued; the way a person or organisation may become an interested party in an investigation to be able to comment before final consideration is given to the final report; and if he will make a statement on the matter. [35443/13]
Leo Varadkar (Dublin West, Fine Gael)
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International Convention, (EU) Regulation and national legislation provide detailed provisions and obligations with regard to the conduct of investigations and reporting. In particular; States conducting the investigation shall send a copy of the Final Draft Report to the following parties inviting their significant and substantiated comments on the report as soon as possible:
a) the State that instituted the investigation;
b) the State of Registry;
c) the State of the Operator;
d) the State of Design;
e) the State of Manufacture;
f) any State who suffered fatalities or serious injuries to its citizens;
g) any State who provided information, facilities or experts to the State;
h) the International Civil Aviation Organisation (ICAO) maximum mass over 2,250 kg;
i) the European Aviation Safety Agency (EASA); and
j) the Air Safety Unit of the European Commission.
Specific to Irish legislation S.I. 460 of 2009 also provides under 12 (1) that: No final report under Regulation 13 may be made to the Minister or made public until the investigator in charge has--
(a) where it appears to him or her practicable to do so, served a draft final report on any undertaking or person, including the Minister, who is, in the inspector's opinion, likely to be adversely reflected on by findings in the draft final report or, where such person is deceased, on the person who appears to the investigator in charge to best represent the interests of the deceased person.
As previously stated, as the AAIU is independent in the conduct of its Investigations, I do not propose to become involved in individual investigations.
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