Dun Laoghaire senator Victor Boyhan has called for a more transparent and accountable Marine Casualty Investigation Board (MCIB).
He has also called for a new mechanism to appoint members to the MCIB board.
Speaking during a debate on the Merchant Shipping (Investigation of Marine Casualties) Bill in Seanad Eireann earlier this week, Senator Boyhan recalled the EU Court of Justice ruling issued last year.
The ruling stated that Ireland has failed to provide for a maritime accident investigation body that was "independent in its organisation and decision-making of any party whose interests could conflict with the task".
It was issued after a case was taken to Europe by maritime lawyer Michael Kingston.
Boyhan, a former director of the Dun Laoghaire Harbour Company and a member of the Oireachtas Committee on Marine matters, called for “ a robust and properly resourced marine casualty body which has capacity, funds, resources, and organisation structures in place”.
He said that a full-time professional unit was required, and the public needed to have confidence in its work.
Boyhan also called on Minister of State for Transport Hildegarde Naughton to publish the Lacey and Clinch reports on the handling of maritime investigations.
He recalled that the Lacey report was undertaken by Ms Róisín Lacey SC, and was delivered on to the Department of Transport on August 25th, 2010, but remained unpublished.
The report, commissioned by the then Minister for Transport, Noel Dempsey, recommended establishing a national accident investigation office which was “independent in every way” from the Department of Transport, encompassing aviation, rail and marine, Boyhan said.
The Lacey report identified that it had to be done to comply with an EU directive that was being transposed into Irish law, he said.
“The Minister of State will be very familiar with this as I have seen her engagement on this legislation,” he continued.
The Clinch report was conducted by Captain Steve Clinch of the British-based company, Clinchmaritime Ltd, he said.
“The report was commissioned by the Department of Transport to carry out an independent review of the organisational structures of the Marine Casualty Investigation Board, MCIB,” he said.
“The key objective of the review was to assess the current organisational structures for marine casualty investigation and to set out in a report any recommendations to achieve the most appropriate and effective marine casualty investigation structures for Ireland, taking into account national, EU and international law and obligations,” he said.
Boyhan said the Clinch report was delivered to the Department of Transport in 2021.
The Merchant Shipping (Investigation of Marine Casualties) Bill will be back in the Seanad for Report and Final Stage next week.
