Vol. 403 No. 9
11 Mrs. Taylor-Quinn asked the Minister for the Marine the reason for the undue delay in getting the public inquiry on the Ballycotton tragedy under way; and if he will outline the hope he can now offer to the families of the victims to have the circumstances of the tragedy fully examined.
12 Mr. Durkan asked the Minister for the Marine when the public inquiry on the Ballycotton tragedy will commence; and when, subsequently, he will be in a position to publish the report.
20 Mr. Bradford asked the Minister for the Marine the reason for the undue delay in getting the public inquiry under way in relation to the Ballycotton tragedy; and if he will make a statement on the matter.
36 Mr. Sherlock asked the Minister for the Marine the specific recommendations, if any, which his Department have issued to regional fishery boards for improved safety procedures arising from the inquest held on 22 October 1990 into the deaths of four fishery officers at Ballycotton, County Cork.
45 Mr. G. O'Sullivan asked the Minister for the Marine when the public inquiry into the Ballycotton tragedy will take place; and if he will make a statement on the matter.
(Limerick West): I propose to take questions Nos. 11, 12, 20, 36 and 45 together.
Let me begin by saying that there has been no undue delay in setting up the formal investigation into the Ballycotton tragedy. As many Deputies will be aware, no such formal investigation under the Merchant Shipping Acts has been held in this country since 1955. It is a complex and intricate legal process and every available resource has been devoted to ensuring that all the legal requirements are met.
The investigation will be chaired by a justice of the District Court sitting with two assessors with suitable nautical experience or knowledge to assist the court in its deliberations. A formal application to hold the investigation will be made to Justice M. C. Reilly at the District Court in Midleton on 17 December. It will be a matter for the court to decide on the date for the commencement of the formal investigation.
The court will investigate all aspects of the Ballycotton incident at a public hearing and may call any person it sees fit to help it in its deliberations and it may also hear from any interested parties or their legal representatives. Having considered the circumstances of the case, the court will make a report and include any opinions or observations it thinks fit. This report will then be published in full for the information of the general public and the interested parties. While publication of the report will be a matter for the court, I do not anticipate that there will be any undue delays in its publication.
On 17 August last I announced that I had directed the fisheries boards to undertake immediately an urgent review of equipment including personal safety equipment, personnel, training, procedures and vessels used in deep water patrols to ensure the highest possible safety levels. I also indicated on that occasion that I had directed the marine surveyors of my Department to provide such technical assistance as the boards may require in the conduct of this review and in ensuring the application of the safest possible operational procedures.
I await the results of that review and when I receive the results I shall consider the implications and take whatever decisions are required. I am assured that, pending the results of the review, the boards are taking a precautionary approach and that the interests of safety are being accorded paramount importance.
In the interim, my Department have provided the boards with guidelines to be followed in the operation of their seagoing patrols. These include guidance in relation to equipment, communications and training.
In view of the seriousness of the incident, and also in view of my responsibility for safety of life at sea, I decided that it would not be appropriate to await the outcome of the inquest before taking action.
I thank the Minister for his reply. I wonder if the formal application to Midleton District Court would be made on 17 December if this question had not been tabled today. Is that how the formal application was initiated? Since this inquiry was announced on 18 September why was there such a delay before the formal application was made to Midleton Disrict Court? Does the Minister not agree that a week before Christmas is a bad time to place an application before the court as this means that the relatives of the four victims who died so tragically will not have any details before Christmas as to how their relatives died?
(Limerick West): The Deputy's question did not prompt a decision. As the Deputy knows the Minister for the Marine announced the setting up of this formal inquiry——
On 18 September.
(Limerick West):——away back in September. It is a complex matter and every aspect of it will be investigated. The information collected will be assessed in the appropriate way. There are mechanisms to be put in place to fully investigate the Kirwan report. The reason for setting up a public inquiry is to make all the information available to the relatives of the deceased and to the general public. The Department have nothing to hide. The sole purpose of setting up the inquiry is to make all the information available to the public.
In view of the grave concern and anxiety which has developed in the area due to the long delay between the date of the tragedy and the setting up of the inquiry can the Minister indicate that all the facts and revelations in relation to the tragedy will be made public? Will the Minister indicate whether the commitment to confidentiality which was given in relation to statements made in respect of the tragedy will at this stage have to be breached in order to ensure that there will be full public disclosure so that the people of the area can be entirely satisfied with the disclosures which will be made available?
(Limerick West): I assure the Deputy that such will be the case. The court will investigate all aspects of the Ballycotton incident at a public hearing and will have the power to call any person they see fit to help them in their delibarations. The court will also hear from interested parties and from legal representatives of interested parties.
In hindsight would it not have been more appropriate to have called for a public inquiry when the tragedy occurred rather than waiting until 18 September to put the families through that traumatic experience? I notice from the Minister's reply that it is a matter for the courts to have the results published. Would I be correct in saying that if the courts decide not to publish, it will not be published?
(Limerick West): There is not any reason to believe that the courts will not publish the report. I do not accept the proposition that there should have been a public inquiry initially. The Minister in his wisdom arranged for an inquiry by a surveyor of his Department. The report was submitted to the Minister and the Minister and his officials then decided that the most appropriate action to take in this case was to set up a public inquiry.
With regard to the safety procedure on the vessels concerned will the Minister indicate when he expects the result of the review of the safety procedures? Can the Minister confirm if it is the case that the Department of the Marine purchased secondhand personal safety equipment from Her Majesty's Coastguard? Can the Minister say if any of that secondhand material was involved in the vessels concerned, if that material has yet been withdrawn from use and if it is the subject matter of the review of personal safety equipment to which he referred?
The Deputy is raising another issue and injecting new matter into this question.
It is a safety matter.
It is worthy of a separate question, Deputy.
(Limerick West): Many of the points raised by the Deputy are not relevant to the question and I would need information to reply to them. In reply to the first part of the question, I hope to have that report very shortly.
Can the House take it from the Minister's reply that a statement made in relation to the powers of the district justice, and the two officials who will conduct this inquiry, is inaccurate, that now they will be obliged to publish everything put before the committee and that they cannot selectively publish matters? Will everything be published rather than there being selective publication as was indicated in the announcement on 18 September?
(Limerick West): That will be a matter for the justice who will be conducting the inquiry. It is a public inquiry and I do not see any reason why all statements made will not be made public if the justice so decides.
Can we take it——
The Deputy has had a good innings on this question.
A short supplementary?
Very Good.
Will the the Minister direct the district justice in question to publish everything?
(Limerick West): It is not for the Minister to direct the district justice in question to publish everything. The district justice will at his own discretion ensure that the proper procedure is adopted.
