Gay Mitchell
Ceist:2 Mr. G. Mitchell asked the Minister for Tourism and Transport if he will make public the report on the Mayo train derailment and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Mayo Train Derailment.
The final report of the Iarnród Éireann Board of Inquiry into the accident near Claremorris, County Mayo on 24 September 1989 has been examined by my Department to determine the need for any follow up action or remedial measures. In the light of that examination, I have concluded that all relevant information relating to the circumstances of this accident is contained in the report and that no useful purpose would be served in carrying out any further inquiry or formal investigation. It is not the practice to publish reports of this nature.
The board of inquiry appointed by Iarnród Éireann in this particular case were given the additional mandate of examining the possibilities of eliminating, where possible, or reducing the hazards in the operation of accommodation level crossings. In the course of this review, consideration will be given to what additional measures are necessary and existing procedures will be reviewed.
Iarnród Éireann have been discussing with the IFA and the ICMSA the safe use of accommodation crossings by farmers and all known users of such crossings have already been visited by railway personnel and instructed on the safe and proper use of the crossings. In addition, a media campaign has been launched and advertisements have appeared in the farming press and at marts and there has been a series of spot radio advertisements.
Will the Minister agree that the 96 page report in his possession points out that section 68 of the Railway Clauses Consolidation Act, 1845, governs responsibility for railway crossings and that this places the entire responsibility for fencing and gates on the railway company? Is he satisfied that this is in the best interests of all concerned? Will he consider calling together a group comprising Iarnród Éireann, the IFA and the ICMSA to try to work out a more modern and satisfactory plan for safety? Will he also assure the House that plans are in train to ensure that persons crossing railway lines — particularly with heavy machinery or cattle — will now be required to notify the local stationmaster?
All these options have been considered and we are still deciding which ones are practical. We have received many suggestions about electric fencing; it is a complex area involving rights of way, ownership of property and old legal rights on certain parts of the line. It is a complex legal area and I have been taking the advice of the Attorney General, particularly in regard to the interim report, on whether I should consider publishing it. However, I am advised that this is an area in which individuals involved in the accident may take certain legal steps and that prosecutions may be considered. In all the circumstances, it would be wise not to elaborate on the report at this stage.
I am seeking to dispose of five questions within the prescribed time. I will hear a brief supplementary from Deputy Mitchell.
Will the Minister agree that under section 68 of the Railway Clauses Consolidation Act, 1845, the railway company is entirely at fault and that claims will have to be made against them? Is he aware that the so-called Asahi express uses this line and that, in the week prior to the derailment, a train coming back from an all-Ireland football game was delayed on the same track because of cattle on the line? Will he take action to ensure that this stretch of line is made safe——
I asked for brevity.
——and then pursue other areas where attention is needed?
I share the Deputy's concern about these 2,000 accommodation crossings and, on my instructions, CIÉ have visited virtually all of them to instruct people further in their safe use. That is the most practical step. It would be dangerous for me to comment on the Act mentioned by the Deputy in view of the legal circumstances, because that would involve me in allocating blame and one can imagine how difficult that would be for the company or indeed those considering legal action.