Written answers

Tuesday, 21 July 2020

Department of Transport, Tourism and Sport

Marine Casualty Investigations Board

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
Link to this: Individually | In context | Oireachtas source

146. To ask the Minister for Transport, Tourism and Sport if he will amend the composition of the Marine Casualty Investigation Board to ensure that its membership is both impartial and has sufficient maritime competency to carry out its duties in view of the European Court of Justice ruling against Ireland regarding failures to ensure the independence of the board; if he will establish a public enquiry into its previous investigations in view of the concerns of whistle-blowers, victims' families and the ECJ ruling; if he will accept and support the reintroduction of the Merchant Shipping (Marine Casualty Investigation Board) (Amendment) Bill 2019; and if he will make a statement on the matter. [16648/20]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
Link to this: Individually | In context | Oireachtas source

The Marine Casualty Investigation Board (MCIB) was established in 2002 under the provisions of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (the 2000 Act). Its function is to investigate marine casualties and publish reports of such investigations involving Irish registered vessels worldwide, and other vessels in Irish territorial waters and inland waterways.

Section 8 of the 2000 Act provides that the MCIB shall be independent of the Minister for Transport in the performance of its functions and, in general, shall be independent of any other person or body whose interests could conflict with its functions.

Section 9 of the 2000 Act sets out the composition of the five person Board, which consists of three persons appointed by the Minister for Transport; the Chief Surveyor of the Department of Transport; and the Secretary General of the Department or his or her nominee. Under current arrangements, the three Ministerial appointments are made following an open application process involving the Public Appointments Service State Boards recruitment system. MCIB investigations are carried out by its panel of external investigators.

European Directive 2009/18/EC of 23 April 2009 established the fundamental principles governing the investigation of certain accidents in the maritime transport sector (with Member States having until 17 June 2011 to bring in the required legislation). The remit of the Directive is narrower than that of the MCIB as it excludes certain vessels from its application (such as fishing vessels of less than fifteen metres length; pleasure craft; and inland waterway vessels). Article 8.1 of the Directive provides inter alia that the investigative body shall be independent in its organisation, legal structure and decision making of any party whose interests could conflict with the task entrusted to it.

In 2011, the MCIB was designated as the investigative body in the State for the purposes of the Directive by Regulation 4 of the European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011 (S.I. No. 276 of 2011).

The European Commission expressed concern about the composition of the Board of the MCIB in the context of the independence requirements of Article 8.1, with particular regard to the membership of the Chief Surveyor of the Department of Transport and the nominee of the Secretary General of the Department. The case was lodged with the Court of Justice of the European Union (CJEU) in March 2019.

On 9 July 2020 the CJEU delivered its judgment, declaring that by failing to provide for an investigating body which is independent in its organisation and decision making of any party whose interests could conflict with the task entrusted to that investigative body, Ireland has failed to comply with its obligations under Article 8.1 of Directive 2009/18/EC.

It is important to note that there was no finding of partiality on the part of the MCB but the CJEU has noted that a finding that the investigative body failed to act impartially in specific cases is not necessary to establish an infringement.

My Department is examining the judgment and is awaiting legal advice on possible next steps, including amending legislation. Any such proposals will provide a basis for early engagement with the European Commission in order to ensure that the Court findings and the concerns of the Commission are addressed.

I can assure the Deputy that every effort is being made to progress matters and to address the Court findings and the concerns of the European Commission as quickly as possible.

It is not my intention to seek any form of inquiry into the MCIB’s investigations, noted above, no finding of partiality has been made in the actions of the Board of the MCIB.

In relation to the Merchant Shipping (Marine Casualty Investigation Board) (Amendment) Bill 2019 – as you will know the Bill fell along with all such others due to the dissolution of the last Dáil. I expect that the actions taken to address the findings of the CJEU’s ruling will negate the need for the re-introduction of any similar Bill.

Comments

No comments

Log in or join to post a public comment.