Dáil Éireann Debate, Friday - 7 September 2018
1083. Deputy Jackie Cahill asked the Minister for Transport, Tourism and Sport if he will request the Marine Casualty Investigation Board to reinvestigate the deaths of persons (details supplied); and if he will make a statement on the matter. [35656/18]
View answerThe Marine Casualty Investigation Board was set up under the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 to investigate marine casualties and publish reports of such investigations. Under Section 8 of the Act, the MCIB is established as being independent of the Minister in the performance of its functions and, in general, is independent of any other person or body whose interests could conflict with the functions of the Board.
The purpose of an investigation is to establish the cause or causes of a marine casualty with a view to making recommendations for the avoidance of similar casualties. Under the Act, it is specifically not the purpose of an investigation to attribute blame or fault.
Before publishing a Report, the Board is required to send a draft of the report or sections of the draft to any person who, in its opinion, is likely to be adversely affected by the publishing of the report (or their representatives), who have 28 days to submit observations.
In relation to re-opening of MCIB investigations, section 33 (1) of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000 provides that “the Board may re-open a completed investigation if satisfied there is new evidence available which could be likely to materially alter the findings of the investigation and the purpose of the investigation would be served by re-opening it”. However, I understand that the Board has no plans currently to re-open the investigation in this particular case.
Under the Act the Minister has certain powers, for example after consulting the Board, the Minister may direct an inquiry be held into a marine casualty or direct that a completed inquiry be re-opened if the Minister is satisfied there is new evidence likely to materially alter the outcome.
I am aware of the marine casualty at Helvick Pier Co Waterford on 23rd May 2010, to which you refer, in which Mr. John O’Brien & Mr. Pat Esmonde were lost overboard and their remains recovered on 25th May 2010. In the event that new evidence is now available in relation to this matter, the Act allows such evidence to be brought to the attention of the Board.
