We now move on to a personal explanation by the Minister of State at the Department of Public Enterprise, Deputy Jacob, who has given notice in writing that he wishes to give a personal explanation in accordance with Standing Order 43. I have decided to permit the personal explanation.
Personal Explanation by Minister.
On a point of order, I question the fact that the Taoiseach and senior members of the Government should walk out—
That is not a point of order. The statement must be heard without comment or intervention of any kind.
On 20 February 2001 I replied to Adjournment matters raised by Deputies Jim Higgins and Denis Naughten on railway accidents at Kiltoom level crossing. Deputies Higgins and Naughten challenged the accuracy of part of my response. This response was based on information received by my Department from Iarnród Éireann and was accepted by me in good faith.
The part of my response which was questioned by Deputies Higgins and Naughten was as follows:
The previous incident to which the Deputies referred occurred on 22 December and involved a passenger train which collided with one of the gates at the level crossing. A formal inquiry was established in this instance also. Iarnród Éireann has advised that the immediate cause of the incident was a failure by the driver to stop short of the gate. The inquiry was investigating whether there were underlying causes of the incident, but this has been suspended pending the completion of the inquiry into the latest incident. The Minister has been advised that the driver involved in the incident has been retrained and disciplinary action against him has been instigated.
In the light of comments by Deputies Higgins and Naughten, I asked my Department to urgently clarify the matter with Iarnród Éireann. I am advised that the following sequence of events has been confirmed by Iarnród Éireann.
The incident occurred on 22 December at approximately 15.55 hours. Immediately following the incident the Iarnród Éireann district manager in Galway was contacted. He requested the district traction executive in Athlone to go to the scene. The district manager also spoke to the driver by radio. The district traction executive interviewed the driver at the scene and, in consultation with the district manager, permitted the driver to continue to Ballina. The train driver was accompanied in the cab of the train for the remainder of the journey to Ballina by the district traction executive and also on the return empty train to Athlone. Iarnród Éireann has confirmed that it is standard practice for the local manager to carry out an investigation into the immediate cause of an incident as soon as possible, but certainly within 24 hours of the occurrence of an incident. Iarnród Éireann has notified my Department that this took place after the incident of 22 December. However, I now understand that the driver has, through his solicitor, been in contact with the company regarding this matter. It would not be appropriate for me to comment further on this particular aspect.
In early January, the district manager commenced collecting data for consideration at a formal internal inquiry. This is evidenced by internal Iarnród Éireann correspondence dated 4 January and 24 January. The letter of 24 January makes specific reference to the information being required in order to proceed with the inquiry into the incident of 22 December at Kiltoom level crossing. On 16 February, after the most recent level crossing accident at Kiltoom earlier that morning, the district manager fixed a date of 23 February for the holding of the formal internal inquiry. Iarnród Éireann has advised that it is usual in such cases to have an intervening period between an incident and the actual holding of a formal inquiry in order to facilitate the collection of background information by the company.
In my reply last week I referred to the fact that the Minister was advised by Iarnród Éireann that the driver was retrained. I now understand the retraining took place when the driver was accompanied by the district traction executive, a former train driver, on the journey from Kiltoom to Ballina—
(Interruptions.)
The Minister of State, without interruption.
—and back to Athlone, a distance of approximately 170 miles. During this journey, Iarnród Éireann state that the district traction executive observed the driver's train handling ability in light of the incident.
Furthermore, both he and his driver discussed and observed the braking characteristics of the train. This was classified by Iarnród Éireann as retraining. It was the basis for Iarnród Éireann notifying my Department that the driver had been retrained.
Is this "Bull Island" or is it for real?
I ask Deputies to show a little courtesy to the Minister of State. Allow him to make his statement without interruption.
Last week I also referred to the fact that the inquiry into the December incident had been suspended pending the completion of the inquiry into the most recent incident. I have ascertained that this is factually incorrect. The company has since advised that this was not the case and that it was never intended to suspend the inquiry, rather the company intended to convey the message that the inquiry had been overtaken by the incident at the same location, which took place on 16 February. The message appears to have become confused in the flow of the large amount of information between Iarnród Éireann and my Department in the short time available to enable a full response to be made to the motions.
I reiterate that the response I made in the House last Tuesday was based on information provided that morning by Iarnród Éireann to my Department and was given by me to the House in good faith. I apologise for having inadvertently misled the House, especially Deputy Naughten and Deputy Higgins and I am happy to set the record straight.