Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697750669466.pdf (Ireland)
An Comhchoiste um Iompar agus Cumarsáide Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Iúil 2021 Joint Committee on Transport and Communications Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 July 2021 33/TCN/04 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 MEMBERSHIP Joint Committee on Transport and Communications Joe Carey TD Fine Gael Cathal Crowe TD Fianna Fáil Michael Lowry TD Regional Group Steven Matthews TD Green Party Ruairí Ó Murchú TD Sinn Féin James O’Connor TD Fianna Fáil Kieran O’Donnell TD (Cathaoirleach) Fine Gael Darren O’Rourke TD Sinn Féin Duncan Smith TD Labour Party Senator Lynn Boylan Sinn Féin Senator Jerry Buttimer Fine Gael Senator Gerard Craughwell Independent Senator Timmy Dooley Fianna Fáil Senator Gerry Horkan Fianna Fáil Page 1 of 25 Page 1 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 CATHAOIRLEACH’S FOREWORD The Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 is an important piece of legislation which the Committee agreed to prioritise as its first item of pre-legislative scrutiny for 2021.
Over the last number of months, the Committee has engaged with the Minister for Transport, the Department of Transport, and concerned stakeholders on the General Scheme of this Bill.

Based on its scrutiny, the Committee concluded that the priority should be to ensure the optimal functioning of the Marine Casualty Investigation Board, by implementing the July 2020 CJEU judgement.

Further detail of the Committee’s consideration and recommendations are included in this report.
A number of concerned stakeholders contacted the Committee to raise broader issues regarding the framework of marine casualty investigation in Ireland.

While these concerns were outside the scope of the General Scheme, the Committee strongly recommends that they be addressed as part of the Department’s ongoing review of the organisational structures underpinning marine casualty investigation.
As a Committee, we will continue to engage with the Minister and relevant stakeholders on these issues and will consider the final report of the Department’s review upon its publication.

I would like to thank the Minister, stakeholders, and Departmental officials for their engagement with the Committee, and the Members for their hard work.
I would also like to acknowledge the assistance of the Office of the Parliamentary Legal Advisor (OPLA), the Library and Research Service (L&RS), and the Committee Secretariat.
Kieran O’Donnell TD Cathaoirleach 21 July 2021 Page 2 of 25 Page 2 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 CATHAOIRLEACH’S FOREWORD Table of Contents The Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 is an important piece of legislation which the Committee agreed to prioritise as its first item of pre-legislative MEMBERSHIP .................................................................................................................................... 1 CATHAOIRLEACH’S FOREWORD .......................................................................... 2 scrutiny for 2021.
1.

CONCLUSIONS AND RECOMMENDATIONS ................................................... 4 Over the last number of months, the Committee has engaged with the Minister for Transport, the Department of Transport, and concerned stakeholders on the General Scheme of this Bill.

Based on its scrutiny, the Committee concluded that the priority should be to ensure the optimal functioning of the Marine Casualty Investigation Board, by implementing the July 2020 CJEU judgement.
Further detail of the Committee’s consideration and recommendations are included in this report.

A number of concerned stakeholders contacted the Committee to raise broader issues regarding the framework of marine casualty investigation in Ireland.

While these concerns were outside the scope of the General Scheme, the Committee strongly recommends that they be addressed as part of the Department’s ongoing review of the organisational structures underpinning marine casualty investigation.
As a Committee, we will continue to engage with the Minister and relevant stakeholders on these issues and will consider the final report of the Department’s review upon its publication.

I would like to thank the Minister, stakeholders, and Departmental officials for their engagement with the Committee, and the Members for their hard work.
I would also like to acknowledge the assistance of the Office of the Parliamentary Legal Advisor (OPLA), the Library and Research Service (L&RS), and the Committee Secretariat.

Kieran O’Donnell TD Cathaoirleach 21 July 2021 1.1.

1.2.

Functioning of the MCIB Board ............................................................................................... 4 Implementation of the CJEU judgement ................................................................................. 4 1.3.
Notification of marine casualties to Marine Survey Office ...................................................... 5 1.4. Review of Marine Casualty investigation legislation ............................................................... 5 2.

INTRODUCTION ................................................................................................. 6 2.1.

Purpose of the Bill ................................................................................................................... 6 2.1.1.
Case C-257/19 ................................................................................................................ 7 2.2.

Provisions of the General Scheme.......................................................................................... 8 2.2.1.

Summary of the Heads of the Bill .................................................................................... 9 3.

CONSIDERATION OF THE GENERAL SCHEME ............................................ 10 3.1.
Stakeholder submissions ...................................................................................................... 11 3.1.1.

3.1.2.

Stakeholder Concerns ................................................................................................... 11 Further submissions received ....................................................................................... 13 4.
KEY ISSUES ..................................................................................................... 15 4.1.

4.2.
Functioning of the MCIB Board ............................................................................................. 15 Implementation of the CJEU Judgement .............................................................................. 16 4.3. Review of marine casualty investigation legislation .............................................................. 17 APPENDIX I- Orders of Reference ........................................................................ 19 Standing Orders 94, 95 and 96 ......................................................................................................... 19 APPENDIX II – Committee Membership ............................................................... 24 APPENDIX III – Meetings Held ............................................................................... 25 Page 2 of 25 Page 3 of 25 Page 3 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 1.
CONCLUSIONS AND RECOMMENDATIONS The Committee agreed the following conclusions and recommendations in three key areas.

Further detail is provided in the remaining sections of this Report.

1.1.

Functioning of the MCIB Board The Committee agrees that the current situation regarding quorum poses a risk to the functioning of the Marine Casualty Investigation Board (MCIB).
Head 3 of the General Scheme provides for the appointment of Board members with specific relevant competences and expertise, and Head 6 proposes to increase the maximum number of Board members from five to seven.

These provisions should ensure that the Board functions in the short-term, while the Department carries out its comprehensive review of the broader framework of marine casualty investigation.

Further information on this can be found in Section 4.1 of this Report.
Regarding Head 3 of the General Scheme, the Committee recommends that the following amendments be made: • The Committee recommends that the wording of the proposed Head 3(3) be amended as follows: ““A serving officer of the Department of Transport shall not be appointed as a member of the Board.” • The Committee recommends that the wording of the proposed Head 3(5) be amended as follows: “the Minister shall have regard to the objective that where possible at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.” Further information on this can be found in Section 3.1.1 of the Report.
1.2.

Implementation of the CJEU judgement Notwithstanding the potential to operate, in certain cases, with a reduced quorum of two (see section 4.2) the Committee remains of the opinion that there is a risk that the Board of the MCIB may not be in a position to be properly constituted to exercise all of the functions assigned to it.
Page 4 of 25 Page 4 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 It is vital that the findings of the Court of Justice of the EU (CJEU) judgement be implemented as soon as possible to avoid any further infringement proceedings being brought against Ireland by the European Commission.
The Committee is particularly concerned about the issue of competence, in light of the clear requirements under the European Directive, in terms of in-house training, The Committee agrees that the current situation regarding quorum poses a risk to proper funding and other related issues highlighted.

its comprehensive review of the broader framework of marine casualty investigation.

The Committee recommends that this issue is removed from the Heads of Bill.
The Further information on this can be found in Section 4.1 of this Report.

Committee recommends that this issue be addressed following the Department’s review of marine casualty investigation legislation, when the Committee has had a Regarding Head 3 of the General Scheme, the Committee recommends that the chance to consider this issue further.

1.3.
1.3.

Notification of marine casualties to Marine Survey Office Head 13 (3) proposes that “A person required by subhead (1) to notify a marine casualty who without reasonable excuse fails to do so commits an offence and is liable”.

Further information on this recommendation can be found in Section 3.1.1 of this report.
1.4. Review of Marine Casualty investigation legislation The Committee welcomes the commencement of the Department’s review of the national marine investigation framework and that it will be published upon completion.

The Committee urges the Minister to consider the concerns raised by the stakeholders as part of its ongoing review of the current marine casualty investigation framework in Ireland.

Further information on the concerns raised by stakeholders can be found in Section 3.1 of this Report.
The Committee urges the Minister for Transport (the Minister) to ensure that the process is comprehensive, transparent, and includes meaningful engagement with Page 4 of 25 Page 5 of 25 Page 5 of 26 1.

CONCLUSIONS AND RECOMMENDATIONS The Committee agreed the following conclusions and recommendations in three key areas.

Further detail is provided in the remaining sections of this Report.

1.1.

Functioning of the MCIB Board the functioning of the Marine Casualty Investigation Board (MCIB).
Head 3 of the General Scheme provides for the appointment of Board members with specific relevant competences and expertise, and Head 6 proposes to increase the maximum number of Board members from five to seven.
These provisions should ensure that the Board functions in the short-term, while the Department carries out following amendments be made: • The Committee recommends that the wording of the proposed Head 3(3) be amended as follows: ““A serving officer of the Department of Transport shall not be appointed as a member of the Board.” • The Committee recommends that the wording of the proposed Head 3(5) be amended as follows: “the Minister shall have regard to the objective that where possible at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.” Further information on this can be found in Section 3.1.1 of the Report.
1.2.

Implementation of the CJEU judgement Notwithstanding the potential to operate, in certain cases, with a reduced quorum of two (see section 4.2) the Committee remains of the opinion that there is a risk that the Board of the MCIB may not be in a position to be properly constituted to exercise all of the functions assigned to it.
Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 all concerned stakeholders.

The review should also consider international best practice and what can be learned from legislative frameworks in other jurisdictions.
The Committee will continue to engage with the Minister and the Department regarding issues raised by stakeholders.

Upon the conclusion of the review, the Committee will engage with the Minister and relevant stakeholders to consider its findings.

The Committee believes that the review is a matter of urgency.
The Committee understands that the report is due in July 2021 and expects to receive a copy as soon as it is finalised and will seek to discuss its findings and recommendations shortly thereafter as soon as is practicable.

Further information on this can be found in Section 4.3 of this Report.

2.
2.

INTRODUCTION The General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 20201 was referred to the Joint Committee on Transport and Communications Networks for pre-legislative scrutiny on 25 January 2021.

2.1.

Purpose of the Bill The General Scheme includes amendments regarding the functioning of the Marine Casualty Investigation Board (MCIB).
The Marine Casualty Investigation Board (MCIB) is the State body responsible for investigating marine casualties and publishing reports of such investigations.

It was established under the Merchant Shipping Act 2000, and has responsibilities under this Act, as well as the EU Directive 2009/18/EC2.
The primary purpose of the Bill is to amend the Merchant Shipping Act 2000 (the 2000 Act) following the findings of the Court of Justice of the EU (CJEU) in Case C- 1 General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 2 Directive/18/2009/EC, establishing the fundamental principles governing the investigation of accidents in the maritime transport sector Page 6 of 25 Page 6 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 all concerned stakeholders.
The review should also consider international best 257/193.

A judgment was made in this case on 9 July 2020, referring to the practice and what can be learned from legislative frameworks in other jurisdictions.

independence of the MCIB and related matters.

The Committee will continue to engage with the Minister and the Department 2.1.1.

Case C-257/19 regarding issues raised by stakeholders.
Upon the conclusion of the review, the The MCIB has responsibilities under the 2000 Act and the European Directive Committee will engage with the Minister and relevant stakeholders to consider its 2009/18/EC.

The 2000 Act provides that the Board of the MCIB comprise five findings.

The Committee believes that the review is a matter of urgency.
The Committee understands that the report is due in July 2021 and expects to receive a copy as soon as it is finalised and will seek to discuss its findings and recommendations shortly thereafter as soon as is practicable.

Further information on this can be found in Section 4.3 of this Report.

2.
2.

INTRODUCTION The General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 20201 was referred to the Joint Committee on Transport and Communications Networks for pre-legislative scrutiny on 25 January 2021.

2.1.

Purpose of the Bill Casualty Investigation Board (MCIB).
The General Scheme includes amendments regarding the functioning of the Marine The Marine Casualty Investigation Board (MCIB) is the State body responsible for investigating marine casualties and publishing reports of such investigations.

It was established under the Merchant Shipping Act 2000, and has responsibilities under this Act, as well as the EU Directive 2009/18/EC2.
The primary purpose of the Bill is to amend the Merchant Shipping Act 2000 (the 2000 Act) following the findings of the Court of Justice of the EU (CJEU) in Case C- members, including the Chief Surveyor and the Secretary General of the Department of Transport (or his or her nominee).
Article 8 (1) of Directive 2009/18/EC outlines that an investigative body carrying out marine safety investigations shall be independent in its organisation, legal structure, and decision-making of any party whose interests could conflict with the task entrusted to it.
In 2015, the European Commission requested that the Department clarify its implementation of Article 8 (1) of the Directive, noting that the Chief Surveyor and the Secretary General “performed other regulatory and enforcement functions in respect of the regulations in the field of maritime transport and/or fisheries”.

The European Commission commenced infringement proceedings based on this in 2016.
The Department argued that the MCIB fulfilled the requirements of independence laid down in Article 8, and that the Commission had not adduced evidence of any conflict of interests on the part of the Members of the MCIB as agents of their supervising department, or of any infringement in practice of the requirements laid down in that provision.

The Commission issued a reasoned opinion in 2017, before bringing the case to the CJEU in March 2019.
In July 2020, the CJEU issued a judgement that Ireland had failed to comply with its obligations under EU law to provide for an investigative body independent in its organisation and decision-making4.

Following this judgement, the Secretary General and the Chief Surveyor resigned as members of the MCIB.

Reference to their positions were removed from the Act by Statutory Instrument in October 2020 (S.I.
1 General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 2 Directive/18/2009/EC, establishing the fundamental principles governing the investigation of accidents in the maritime transport sector 3 CJEU Case C-257/19, judgement 09/07/20 4 CJEU Case C-257/19, judgement 09/07/20 Page 6 of 25 Page 7 of 25 Page 7 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 444/2020) 5.
In December 2020, the Government approved the urgent drafting of a Bill to amend the 2000 Act to address the issues outlined in the CJEU judgement.

The Minister outlined to the Committee the advice he had received that the judgement applied solely to the MCIB’s obligations under EU Directive 2009/18/EC, which does not cover all of the Board’s work.
However, it was agreed that for consistency, actions addressing the CJEU findings should apply to the MCIB Board structure generally, and this is reflected in the General Scheme of the Bill (Head 3).6 Arising from the resignation of the Secretary General and the Chief Surveyor, only three members remain on the MCIB Board.

The Board has a quorum of three specified in the 2000 Act.
The Minister advised the Committee that the 2000 Act does not provide for the appointment of new members to fill these vacancies, an amendment to the 2000 Act is required.

Amendment by way of SI or secondary legislation is not permissible either.
The Minister also advised the Committee that the current reduced Board composition presented a risk that, in the event of the absence or required withdrawal of one member from a meeting, the Board would not have a quorum and therefore may be unable to make decisions and carry out its role7.
According to the Minister, the Amendment Bill seeks to address the “urgent need to assist the Board in meeting the quorum requirements of the 2000 Act, to ensure that the Board no longer contains persons who have duties within the Department of Transport, and to facilitate the retention of a specific level of knowledge and expertise on the Board” 8.

2.2.

Provisions of the General Scheme The proposed Bill aims to: 5 S.I.

No.
444/2020 - European Communities (Merchant Shipping) (Investigation of Accidents) (Amendment) Regulations 2020 (irishstatutebook.ie) 6 JCTCN-33-213 7 Letter to Committee 25/01/21 – briefing provided ahead of meeting 29/01/21 8 JCTCN-33-213 Page 8 of 25 Page 8 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 444/2020) 5.
In December 2020, the Government approved the urgent drafting of a • amend the Merchant Shipping (Investigation of Marine Casualties) Act 2000 Bill to amend the 2000 Act to address the issues outlined in the CJEU judgement.

arising from the EU judgment of the CJEU in Case C-257/19, European The Minister outlined to the Committee the advice he had received that the judgement applied solely to the MCIB’s obligations under EU Directive 2009/18/EC, which does not cover all of the Board’s work.
However, it was agreed that for consistency, actions addressing the CJEU findings should apply to the MCIB Board structure generally, and this is reflected in the General Scheme of the Bill (Head 3).6 Arising from the resignation of the Secretary General and the Chief Surveyor, only Commission v Ireland (C-257/19)9 • to amend the definition of "Safety Convention" in the Merchant Shipping (Safety Convention) Act 1952.
The changes aim to address concerns about the Board membership, specifically member independence, impartiality, and competency (appropriate knowledge, qualifications, or experience) relating to marine and maritime safety.

three members remain on the MCIB Board.

The Board has a quorum of three The proposed Bill will amend the 2000 Act to require the Minister or Secretary specified in the 2000 Act.
The Minister advised the Committee that the 2000 Act General, as the case may be, to have regard to the desirability of persons so does not provide for the appointment of new members to fill these vacancies, an appointed, reappointed or nominated having appropriate knowledge, qualifications or amendment to the 2000 Act is required.

Amendment by way of SI or secondary experience in matters connected to the functions of the Board.

legislation is not permissible either.
The Minister also advised the Committee that the current reduced Board composition confidentiality, appointments of third parties, protocols for marine casualty presented a risk that, in the event of the absence or required withdrawal of one notifications and reporting requirements by the MCIB.10 The proposed Bill will also address required skillsets, tenure, declaration of interests, member from a meeting, the Board would not have a quorum and therefore may be unable to make decisions and carry out its role7.
According to the Minister, the Amendment Bill seeks to address the “urgent need to assist the Board in meeting the quorum requirements of the 2000 Act, to ensure that the Board no longer contains persons who have duties within the Department of Transport, and to facilitate the retention of a specific level of knowledge and expertise on the Board” 8.

2.2.

Provisions of the General Scheme The proposed Bill aims to: 5 S.I.

No.
No.

444/2020 - European Communities (Merchant Shipping) (Investigation of Accidents) (Amendment) Regulations 2020 (irishstatutebook.ie) 6 JCTCN-33-213 8 JCTCN-33-213 7 Letter to Committee 25/01/21 – briefing provided ahead of meeting 29/01/21 2.2.1.

Summary of the Heads of the Bill The General Scheme contains 16 heads.

Head 1 contains the definition of the Bill.

Heads 2-12 contain proposed amendments to the 2000 Act.
Head 13 outlines requirements for the notification of marine casualties to Marine Survey Office (MSO).

Head 14 provides for continuation of ongoing investigations.

Head 15 contains the updated definition of the International Convention for the Safety of Life at Sea.

Head 16 is a standard commencement provision.
The provisions for the General Scheme can be broadly outlined as below; Provision Relevant Heads of Bill Chair of the Board Term limit and remuneration (Heads 4 and 5) 9 CJEU Case C-257/19, judgement 09/07/20 10 Oireachtas Library and Research Service, Bill Briefing, 11/01/21 Page 8 of 25 Page 9 of 25 Page 9 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Functioning of the Marine Casualty Investigation Board • • removing reference to Chief Surveyor (Head 2) revised composition, including competence and expertise of Board members (Head 3) • quorum (Head 6) • engaging external experts (Heads 7 and 8) • unauthorised disclosure of confidential information (Head 9) • • removing requirement to consult with Minister (Head 11) investigation reporting (Head 12) • continuation of ongoing investigations (Head 14) Notification requirements specific requirement to notify the MCIB and the Marine Survey Office (MSO) of a marine casualty (Heads 10 and 13) Safety Convention Updating the definition of the International Convention for the Safety of Life at Sea, referred to as the “Safety Convention”, to include recent amendments (Head 15) The Committee received stakeholder submissions which referred specifically to the provisions of Heads 3, 7, 8, 9 and 13 see Section 3.
The Committee refers to Heads 3 and 6 in its conclusions regarding the functioning of the MCIB Board.

See also Section 4.1.

3.

CONSIDERATION OF THE GENERAL SCHEME On 29 January 2021, the Committee held two engagements to scrutinise the General Scheme, with the following witnesses: • Eamon Ryan TD, Minister for Transport, and • Michael Kingston and Ciarán McCarthy B.L Links to the transcript of this meeting and opening statements provided by the witnesses can be found in Appendix III of this report.
Page 10 of 25 Page 10 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 Functioning of the Marine Casualty Investigation Board • • • • removing reference to Chief Surveyor (Head 2) revised composition, including competence and expertise of Board members (Head 3) • quorum (Head 6) • engaging external experts (Heads 7 and 8) • unauthorised disclosure of confidential information (Head 9) removing requirement to consult with Minister (Head 11) investigation reporting (Head 12) • continuation of ongoing investigations (Head 14) Notification specific requirement to notify the MCIB and the Marine Survey requirements Office (MSO) of a marine casualty (Heads 10 and 13) Safety Updating the definition of the International Convention for the Convention Safety of Life at Sea, referred to as the “Safety Convention”, to include recent amendments (Head 15) The Committee received stakeholder submissions which referred specifically to the provisions of Heads 3, 7, 8, 9 and 13 see Section 3.
The Committee refers to Heads 3 and 6 in its conclusions regarding the functioning of the MCIB Board.

See also Section 4.1.

On 29 January 2021, the Committee held two engagements to scrutinise the General Scheme, with the following witnesses: • Eamon Ryan TD, Minister for Transport, and • Michael Kingston and Ciarán McCarthy B.L Links to the transcript of this meeting and opening statements provided by the witnesses can be found in Appendix III of this report.

3.1.
3.1.

Stakeholder submissions The Committee received submissions on the General Scheme from four stakeholders: • Michael Kingston, lawyer specialising in maritime law • Ciarán McCarthy B.L, • The International Transport Workers Federation (ITF) Ireland, and; • Paul Cullen, former civil servant A number of issues raised in the stakeholder submissions received were outside of the scope of the General Scheme, and therefore not considered further as part of this pre-legislative scrutiny process.
However, the Committee forwarded the Michael Kingston and Ciarán McCarthy submissions to the Minister for response and will continue to engage with the Minister on the issues raised.

The Committee urges the Minister to consider the concerns raised by the stakeholders as part of its ongoing review of the current marine casualty investigation framework in Ireland.
The Committee is particularly concerned about the issue of competence, in light of the clear requirements under the European Directive, in terms of in-house training, proper funding and other related issues highlighted.

3.

CONSIDERATION OF THE GENERAL SCHEME 3.1.1.


Stakeholder Concerns Michael Kingston, a lawyer specialising in maritime law, wrote to the Committee in early January 2021 to highlight his significant concerns with the current national marine casualty investigation framework in Ireland, and his proposals for resolving the issues identified.

The Committee followed up with Mr Kingston for further information on these issues and forwarded his submissions to the Minister for detailed response.
The Committee held a public session engagement with Mr Kingston and his colleague Ciarán McCarthy B.L as part of its consideration of the General Scheme.
A number of the Page 10 of 25 Page 11 of 25 Page 11 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 issues raised by Mr Kingston and Mr McCarthy are outside of the scope of the General Scheme, and therefore are not considered further as part of this Report.
The Committee highlights the following points made by Mr Kingston and Mr McCarthy on heads 3, 9 and 13 of the General Scheme11 for the consideration of the Minister in the drafting of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill.

The Committee heard from witnesses that there may a limited pool of qualified people for these roles.
HHeeaadd 33-- AAmmeennddmmeenntt ooff sseeccttiioonn 99 ooff AAcctt ooff 22000000 Head 3 (3) proposes that “A serving officer or a former officer of the Department of Transport shall not be appointed as a member of the Board.” Michael Kingston and Ciarán McCarthy suggested that former Department staff should not be precluded, given the breath of maritime experience that some hold.
The Committee recommends that the wording of this proposal be amended as follows, ““A serving officer of the Department of Transport shall not be appointed as a member of the Board.” Head 3 (5) proposes “the Minister shall have regard to the objective that at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.”.
Michael Kingston and Ciarán McCarthy were of the opinion that this does not reflect the current reality of the maritime sector, and that it could have the unintended consequence of excluding qualified candidates.
The Committee recommends that the wording of this proposal be amended as follows, “the Minister shall have regard to the objective that where possible at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.” 11 JCTCN–33-160 Page 12 of 25 Page 12 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 issues raised by Mr Kingston and Mr McCarthy are outside of the scope of the HHeeaadd 99-- AAmmeennddmmeenntt ooff sseeccttiioonn 1188 ooff AAcctt ooff 22000000 General Scheme, and therefore are not considered further as part of this Report.
Head 9 (3) proposes that “The High Court, on application to it by an interested party, The Committee highlights the following points made by Mr Kingston and Mr McCarthy on heads 3, 9 and 13 of the General Scheme11 for the consideration of the may disclose matters referred to in subsection (2) where there is an overriding public interest to do so.”.
Minister in the drafting of the Merchant Shipping (Investigation of Marine Casualties) Michael Kingston and Ciarán McCarthy suggest that this needs careful consideration (Amendment) Bill.

The Committee heard from witnesses that there may a limited as “the principle of not making an MCIB investigation available for criminal or civil pool of qualified people for these roles.
HHeeaadd 33-- AAmmeennddmmeenntt ooff sseeccttiioonn 99 ooff AAcctt ooff 22000000 Head 3 (3) proposes that “A serving officer or a former officer of the Department of proceedings is emphasised in the IMO Code for Marine Incident Investigations, and in international legal precedent in other Common law jurisdictions”, but advise that “it is probable that the “overriding public interest” qualification is appropriate”.
Transport shall not be appointed as a member of the Board.” Michael Kingston and HHeeaadd 1133-- NNoottiiffiiccaattiioonn ooff mmaarriinnee ccaassuuaallttiieess ttoo MMaarriinnee SSuurrvveeyy OOffffiiccee ((MMSSOO)) Ciarán McCarthy suggested that former Department staff should not be precluded, Head 13 (3) proposes that “A person required by subhead (1) to notify a marine given the breath of maritime experience that some hold.
The Committee recommends that the wording of this proposal be amended as follows, ““A serving officer of the Department of Transport shall not be appointed as a member of the Board.” Head 3 (5) proposes “the Minister shall have regard to the objective that at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.”.
Michael Kingston and Ciarán McCarthy were of the opinion that this does not reflect the current reality of the maritime sector, and that it could have the unintended consequence of excluding qualified candidates.
The Committee recommends that the wording of this proposal be amended as follows, “the Minister shall have regard to the objective that where possible at least 40 per cent of the members of the Board shall be women and at least 40 per cent shall be men.” 11 JCTCN–33-160 casualty who without reasonable excuse fails to do so commits an offence and is liable”.
Michael Kingston and Ciarán McCarthy commented that while it is an offence under this revised act to fail to notify the Marine Survey Office (MSO) of a marine casualty, there is no reference to channels to educate the public of their responsibility to notify the casualty to the MSO.

Mr Kingston and Mr McCarthy also suggest that “The MSO should have nothing to do with the reporting of incidents under this Act.
The MSO is a prosecutorial body and this obligation undermines the IMO Code’s purpose to encourage people to report to the Investigatory Board / UNIT knowing that they can avail of the ‘no fault or blame’ principle and be safe from self-incrimination.” The Committee notes the comments of Mr Kingston & Mr McCarthy and recommends that this issue is removed from the Heads of Bill and addressed following the review when the Committee has had a chance to consider this issue further.

3.1.2.
3.1.2.

Further submissions received The Committee also received two submissions after its meeting of 29 January.
Page 12 of 25 Page 13 of 25 Page 13 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Paul Cullen, a former civil servant with a background in industry and labour administration at national and EU level, wrote to the Committee in an individual capacity to suggest further social partners and representative organisations that the Committee could consult with as part of its pre-legislative scrutiny12.
The Committee did not hold further meetings to scrutinise the General Scheme but encourages the Department to engage with all relevant and interested stakeholders as part of its ongoing review.

Ken Fleming, Fishing Advisor, and Michael O'Brien, Fishing Campaign Lead, of the International Transport Workers Federation (ITF) Ireland, wrote to the Committee to share the ITF’s views.
In its submission, the ITF outlined its views on provisions of the General Scheme, as well as its broader concerns regarding the functioning of marine casualty investigation in Ireland13.
The Committee highlights the following issues raised by the ITF concerning the heads 7 and 8 of the General Scheme: HHeeaadd 77-- AAmmeennddmmeenntt ooff sseeccttiioonn 1166 ooff AAcctt ooff 22000000 Head 7 proposes that “the Board may, from time to time, engage such consultants, advisers, investigators and other expertise as it considers necessary for the performance of its functions and any fees due to a consultant or adviser or investigator or other person so engaged shall be paid by the Board out of moneys made available by the Oireachtas.” ITF Ireland expressed the concern that this provision may not encourage the MCIB to develop in-house expertise and capacity.
The Committee expects that these matters will be part of the review and will keep the situation monitored.

HHeeaadd 88-- AAmmeennddmmeenntt ooff sseeccttiioonn 1177 ooff AAcctt ooff 22000000 Head 8 refers to the requirement of investigators engaged by the MCIB to declare pecuniary interests in any vessel or the cargo of a vessel involved in a marine casualty, or to any other matter to be considered by the Board.
12 JCTCN-33-161 13 JCTCN-33-197 Page 14 of 25 Page 14 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 Paul Cullen, a former civil servant with a background in industry and labour ITF Ireland proposes that an equal obligation should apply to the disclosure of any administration at national and EU level, wrote to the Committee in an individual past role or organisational association of a proposed investigator or Board member capacity to suggest further social partners and representative organisations that the with the past safety and compliance inspections of vessels subject to an Committee could consult with as part of its pre-legislative scrutiny12.
The Committee investigation.

did not hold further meetings to scrutinise the General Scheme but encourages the Department to engage with all relevant and interested stakeholders as part of its ongoing review.

Ken Fleming, Fishing Advisor, and Michael O'Brien, Fishing Campaign Lead, of the International Transport Workers Federation (ITF) Ireland, wrote to the Committee to share the ITF’s views.
In its submission, the ITF outlined its views on provisions of the General Scheme, as well as its broader concerns regarding the functioning of marine casualty investigation in Ireland13.
The Committee highlights the following issues raised by the ITF concerning the heads 7 and 8 of the General Scheme: HHeeaadd 77-- AAmmeennddmmeenntt ooff sseeccttiioonn 1166 ooff AAcctt ooff 22000000 Head 7 proposes that “the Board may, from time to time, engage such consultants, advisers, investigators and other expertise as it considers necessary for the performance of its functions and any fees due to a consultant or adviser or investigator or other person so engaged shall be paid by the Board out of moneys made available by the Oireachtas.” ITF Ireland expressed the concern that this provision may not encourage the MCIB to develop in-house expertise and capacity.
the situation monitored.

HHeeaadd 88-- AAmmeennddmmeenntt ooff sseeccttiioonn 1177 ooff AAcctt ooff 22000000 Head 8 refers to the requirement of investigators engaged by the MCIB to declare pecuniary interests in any vessel or the cargo of a vessel involved in a marine casualty, or to any other matter to be considered by the Board.
12 JCTCN-33-161 13 JCTCN-33-197 The Committee notes that under Section 17 of the current act that there is an existing obligation to declare such conflicts and expects this provision to be followed.

4.

KEY ISSUES Following its scrutiny of the General Scheme, the Committee highlights the following three key issues: (i) (ii) the functioning of the MCIB Board the implementation of the CJEU judgement and (iii) the Department’s ongoing review of marine casualty investigation legislation.

4.1.
4.1.

Functioning of the MCIB Board Following its scrutiny of the General Scheme, the Committee queried whether provisions in the 2000 Act could be utilised to ensure functioning of the MCIB Board.
The provisions specifically queried were: The Committee expects that these matters will be part of the review and will keep • Whether Section 16 of the 2000 Act, the provision to hire external consultants, advisers, and investigators, could be utilised to employ a full- time investigator on a rolling contract, and keep the current Board functioning on an interim basis.
• Whether it would be possible to use the Minster’s powers under Sections 9.1 (a) and 10 (5) of the 2000 Act to put in place a reserve list of candidates to be appointed if one of the Board members becomes unavailable or incapacitated.
Page 14 of 25 Page 15 of 25 Page 15 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 The Committee considered the available evidence and advice and is of the opinion that the above-mentioned provisions cannot be used to keep the current MCIB Board functioning on an interim basis, or indeed, be used to appoint a reserve list of Board members.
The Committee agrees that the current situation regarding quorum poses a risk to the functioning of the MCIB.

Head 3 of the General Scheme provides for the appointment of Board members with specific relevant competences and expertise, and Head 6 proposes to increase the maximum number of Board members from five to seven.
These provisions should ensure that the Board functions in the short-term, while the Department carries out its comprehensive review of the broader framework of marine casualty investigation.

4.2.

Implementation of the CJEU Judgement The key issue of concern following the CJEU judgement is that the number of Board members of the MCIB has been reduced from five to three members, which may impact the functioning of the board.
The quorum for national business is three members, so the Department is concerned that in the absence of one member, the Board may not be able to meet and dispose of business before it for consideration.

The Committee shares this concern, but also notes that the quorum for business under the EU directive is two members.

Provision for a two-person quorum for the MCIB Board to consider EU business was added to the 2000 Act as part of SI No.

444/2020 in October 202014.


This makes it less likely that the absence of a quorum would lead to a breach of EU law, as there are currently three members of the Board15.

This provision relates to one range of functions, and the Committee is of the 14 S.I.

No.
No.

444/2020 - European Communities (Merchant Shipping) (Investigation of Accidents) (Amendment) Regulations 2020 (irishstatutebook.ie) 15 JCTCN-33-173 (b) Page 16 of 25 Page 16 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 functioning on an interim basis, or indeed, be used to appoint a reserve list of Board members.
The Committee agrees that the current situation regarding quorum poses a risk to the functioning of the MCIB.

with specific relevant competences and expertise, and Head 6 proposes to increase the maximum number of Board members from five to seven.

These provisions should ensure that the Board functions in the short-term, while the Department carries out its comprehensive review of the broader framework of marine casualty investigation.

4.2.
4.2.

Implementation of the CJEU Judgement The key issue of concern following the CJEU judgement is that the number of Board members of the MCIB has been reduced from five to three members, which may impact the functioning of the board.

The quorum for national business is three The Committee shares this concern, but also notes that the quorum for business under the EU directive is two members.
Provision for a two-person quorum for the MCIB Board to consider EU business was added to the 2000 Act as part of SI No.

444/2020 in October 202014.

This makes it less likely that the absence of a quorum would lead to a breach of EU law, as there are currently three members of the Board15.
This provision relates to one range of functions, and the Committee is of the Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 The Committee considered the available evidence and advice and is of the opinion opinion that the quorum issue more broadly should be addressed to enable the that the above-mentioned provisions cannot be used to keep the current MCIB Board Board to meet and discharge the full range of functions assigned to it.
Head 3 of the General Scheme provides for the appointment of Board members Ireland by the European Commission.

The Committee acknowledges that there is now a risk that the Board of the MCIB may not function optimally due to its quorum requirements.
It is vital that the findings of the CJEU judgement be implemented as soon as possible to avoid any further infringement proceedings being brought against 4.3. Review of marine casualty investigation legislation Stakeholders raised a number of broader issues regarding the functioning of the national marine investigation framework.

These issues were outside of the scope of the General Scheme as presented, and therefore the Committee has not made any conclusions on them as part of pre-legislative scrutiny.
However, the Committee agrees that many of the issues raised by stakeholders should be explored further and, in this regard, the Committee has forwarded correspondence from stakeholders to the Minister for consideration and response.

The Committee will continue to engage with the Minister on the full range of issues raised.
members, so the Department is concerned that in the absence of one member, the At the meeting of the Committee on 29 January, the Minister informed the Board may not be able to meet and dispose of business before it for consideration.

Committee that a fundamental review of the structures in place for marine accident investigation in Ireland would be carried out on behalf of the Department by an independent expert over the coming months.
The Committee urged the Minister to expedite this review and was notified in April that the review had begun, and that a public consultation had been launched1617.

The Committee welcomes the commencement of the Department’s review of the national marine investigation framework and that it will be published upon completion.

14 S.I.

No.
444/2020 - European Communities (Merchant Shipping) (Investigation of Accidents) (Amendment) Regulations 2020 (irishstatutebook.ie) 15 JCTCN-33-173 (b) 16 JCTCN-33-250 (b) 17 Review of the Current Organisational Structures Underpinning Marine Casualty Investigation in Ireland in the context of National EU and International Obligations 29/03/21 Page 16 of 25 Page 17 of 25 Page 17 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 The Committee urges the Minister to ensure that the process is comprehensive, transparent, and includes meaningful engagement with all concerned stakeholders.
The review should also consider international best practice and what can be learned from legislative frameworks in other jurisdictions.

The Committee will continue to engage with the Minister and the Department regarding issues raised by stakeholders.

Upon the conclusion of the review, the Committee will engage with the Minister and relevant stakeholders to consider its findings.

The Committee believes that the review is a matter of urgency.
The Committee understands that the report is due in July 2021 and expects to receive a copy as soon as it is finalised and will seek to discuss its findings and recommendations shortly thereafter as soon as is practicable.
Page 18 of 25 Page 18 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 The Committee urges the Minister to ensure that the process is comprehensive, transparent, and includes meaningful engagement with all concerned stakeholders.
The review should also consider international best practice and what can be learned from legislative frameworks in other jurisdictions.

The Committee will continue to engage with the Minister and the Department regarding issues raised by stakeholders.

Upon the conclusion of the review, the Committee will engage with the Minister and relevant stakeholders to consider its findings.

The Committee believes that the review is a matter of urgency.
The Committee understands that the report is due in July 2021 and expects to receive a copy as soon as it is finalised and will seek to discuss its findings and recommendations shortly thereafter as soon as is practicable.

APPENDIX I- Orders of Reference Standing Orders 94, 95 and 96 Scope and context of activities of Select Committees 94.
(1) The Dáil may appoint a Select Committee to consider and, if so permitted, to take evidence upon any Bill, Estimate or matter, and to report its opinion for the information and assistance of the Dáil.

Such motion shall specifically state the orders of reference of the Committee, define the powers devolved upon it, fix the number of members to serve on it, state the quorum, and may appoint a date upon which the Committee shall report back to the Dáil.
(2) It shall be an instruction to each Select Committee that— (a) it may only consider such matters, engage in such activities, exercise such powers and discharge such functions as are specifically authorised under its orders of reference and under Standing Orders; (b) such matters, activities, powers and functions shall be relevant to, and shall arise only in the context of, the preparation of a report to the Dáil; (c) it shall not consider any matter which is being considered, or of which notice has been given of a proposal to consider, by the Joint Committee on Public Petitions in the exercise of its functions under Standing Order 125(1)1; and 1 Retained pending review of the Joint Committee on Public Petitions.
(d) it shall refrain from inquiring into in public session or publishing confidential information regarding any matter if so requested, for stated reasons given in writing, by— (i) a member of the Government or a Minister of State, or (ii) the principal office-holder of a State body within the responsibility of a Government Department or (iii) the principal office-holder of a non-State body which is partly funded by the State, Provided that the Committee may appeal any such request made to the Ceann Comhairle, whose decision shall be final.
(3) It shall be an instruction to all Select Committees to which Bills are referred that they shall ensure that not more than two Select Committees shall meet to consider a Bill on any given day, unless the Dáil, after due notice to the Business Committee by a Chairman of one of the Select Committees concerned, waives this instruction.

Functions of Departmental Select Committees.


Page 18 of 25 Page 19 of 25 Page 19 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 95.
(1) The Dáil may appoint a Departmental Select Committee to consider and, unless otherwise provided for in these Standing Orders or by order, to report to the Dáil on any matter relating to— (a) legislation, policy, governance, expenditure and administration of― (i) a Government Department, and (ii) State bodies within the responsibility of such Department, and (b) the performance of a non-State body in relation to an agreement for the provision of services that it has entered into with any such Government Department or State body.
(2) A Select Committee appointed pursuant to this Standing Order shall also consider such other matters which― (a) stand referred to the Committee by virtue of these Standing Orders or statute law, or (b) shall be referred to the Committee by order of the Dáil.
(3) The principal purpose of Committee consideration of matters of policy, governance, expenditure and administration under paragraph (1) shall be― (a) for the accountability of the relevant Minister or Minister of State, and (b) to assess the performance of the relevant Government Department or of a State body within the responsibility of the relevant Department, in delivering public services while achieving intended outcomes, including value for money.
(4) A Select Committee appointed pursuant to this Standing Order shall not consider any matter relating to accounts audited by, or reports of, the Comptroller and Auditor General unless the Committee of Public Accounts― (a) consents to such consideration, or (b) has reported on such accounts or reports.
(5) A Select Committee appointed pursuant to this Standing Order may be joined with a Select Committee appointed by Seanad Éireann to be and act as a Joint Committee for the purposes of paragraph (1) and such other purposes as may be specified in these Standing Orders or by order of the Dáil: provided that the Joint Committee shall not consider― (a) the Committee Stage of a Bill, (b) Estimates for Public Services, or (c) a proposal contained in a motion for the approval of an international agreement involving a charge upon public funds referred to the Committee by order of the Dáil.
Page 20 of 25 Page 20 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 95.
(1) The Dáil may appoint a Departmental Select Committee to consider and, unless otherwise provided for in these Standing Orders or by order, to report to the Dáil on any (6) Any report that the Joint Committee proposes to make shall, on adoption by the Joint Committee, be made to both Houses of the Oireachtas.
matter relating to— (a) legislation, policy, governance, expenditure and administration of― (7) The Chairman of the Select Committee appointed pursuant to this Standing Order shall also be Chairman of the Joint Committee.
(i) a Government Department, and (8) Where a Select Committee proposes to consider― (ii) State bodies within the responsibility of such Department, and (b) the performance of a non-State body in relation to an agreement for the provision of services that it has entered into with any such Government Department or State body.
(2) A Select Committee appointed pursuant to this Standing Order shall also consider such other matters which― (a) stand referred to the Committee by virtue of these Standing Orders or statute law, or (b) shall be referred to the Committee by order of the Dáil.
(3) The principal purpose of Committee consideration of matters of policy, governance, expenditure and administration under paragraph (1) shall be― (a) for the accountability of the relevant Minister or Minister of State, and (b) to assess the performance of the relevant Government Department or of a State body within the responsibility of the relevant Department, in delivering public services while achieving intended outcomes, including value for money.
(4) A Select Committee appointed pursuant to this Standing Order shall not consider any matter relating to accounts audited by, or reports of, the Comptroller and Auditor General unless the Committee of Public Accounts― (a) consents to such consideration, or (b) has reported on such accounts or reports.
(5) A Select Committee appointed pursuant to this Standing Order may be joined with a Select Committee appointed by Seanad Éireann to be and act as a Joint Committee for the purposes of paragraph (1) and such other purposes as may be specified in these Standing Orders or by order of the Dáil: provided that the Joint Committee shall not consider― (a) the Committee Stage of a Bill, (b) Estimates for Public Services, or (a) EU draft legislative acts standing referred to the Select Committee under Standing Order 133, including the compliance of such acts with the principle of subsidiarity, (b) other proposals for EU legislation and related policy issues, including programmes and guidelines prepared by the European Commission as a basis of possible legislative action, (c) non-legislative documents published by any EU institution in relation to EU policy matters, or (d) matters listed for consideration on the agenda for meetings of the relevant Council (of Ministers) of the European Union and the outcome of such meetings, the following may be notified accordingly and shall have the right to attend and take part in such consideration without having a right to move motions or amendments or the right to vote: (i) members of the European Parliament elected from constituencies in Ireland, (ii) members of the Irish delegation to the Parliamentary Assembly of the Council of Europe, and (iii) at the invitation of the Committee, other members of the European Parliament.
(9) A Select Committee appointed pursuant to this Standing Order may, in respect of any Ombudsman charged with oversight of public services within the policy remit of the relevant Department consider— (a) such motions relating to the appointment of an Ombudsman as may be referred to the Committee, and (b) such Ombudsman reports laid before either or both Houses of the Oireachtas as the Committee may select: Provided that the provisions of Standing Order 130 apply where the Select Committee has not considered the Ombudsman report, or a portion or portions thereof, within two months (excluding Christmas, Easter or summer recess periods) of the report being laid before either or both Houses of the Oireachtas.2 2 Retained pending review of the Joint Committee on Public Petitions.
(c) a proposal contained in a motion for the approval of an international agreement involving a charge upon public funds referred to the Committee by order of the Dáil.

Powers of Select Committees.

Page 20 of 25 Page 21 of 25 Page 21 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 96.
Unless the Dáil shall otherwise order, a Committee appointed pursuant to these Standing Orders shall have the following powers: (1) power to invite and receive oral and written evidence and to print and publish from time to time― (a) minutes of such evidence as was heard in public, and (b) such evidence in writing as the Committee thinks fit; 6 (2) power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub- Committees, including power to report directly to the Dáil; (3) power to draft recommendations for legislative change and for new legislation; (4) in relation to any statutory instrument, including those laid or laid in draft before either or both Houses of the Oireachtas, power to― (a) require any Government Department or other instrument-making authority concerned to― (i) submit a memorandum to the Select Committee explaining the statutory instrument, or (ii) attend a meeting of the Select Committee to explain any such statutory instrument: Provided that the authority concerned may decline to attend for reasons given in writing to the Select Committee, which may report thereon to the Dáil, and (b) recommend, where it considers that such action is warranted, that the instrument should be annulled or amended; (5) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss― (a) policy, or (b) proposed primary or secondary legislation (prior to such legislation being published), for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy or proposed legislation; (6) power to require that a member of the
 Government or Minister of State shall attend before the Select Committee and provide, in private session if so requested by the attendee, oral briefings in advance of meetings of the relevant EC Council (of Ministers) of the European Union to enable the Select Committee to make known its views: Provided that the Committee may also require such attendance following such meetings; Page 22 of 25 Page 22 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 96.
Unless the Dáil shall otherwise order, a Committee appointed pursuant to these Standing Orders shall have the following powers: (1) power to invite and receive oral and written evidence and to print and publish from time to (7) power to require that the Chairperson designate of a body or agency under the aegis of a Department shall, prior to his or her appointment, attend before the Select Committee to discuss his or her strategic priorities for the role; time― (8) power to require that a member of the Government or Minister of State who is officially (a) minutes of such evidence as was heard in public, and (b) such evidence in writing as the Committee thinks fit; 6 (2) power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub- Committees, including power to report directly to the Dáil; responsible for the implementation of an Act shall attend before a Select Committee in relation to the consideration of a report under Standing Order 197; 7 (9) subject to any constraints otherwise prescribed by law, power to require that principal office-holders of a― (a) State body within the responsibility of a Government Department or (3) power to draft recommendations for legislative change and for new legislation; (b) non-State body which is partly funded by the State, shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: Provided that such an office-holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil; and (10) power to― (a) engage the services of persons with specialist or technical knowledge, to assist it or any of its sub-Committees in considering particular matters; and (b) undertake travel; (b) recommend, where it considers that such action is warranted, that the instrument should Provided that the powers under this paragraph are subject to such recommendations as may be made by the Working Group of Committee Chairmen under Standing Order 120(4)(a).
(4) in relation to any statutory instrument, including those laid or laid in draft before either or both Houses of the Oireachtas, power to― (a) require any Government Department or other instrument-making authority concerned to― (i) submit a memorandum to the Select Committee explaining the statutory instrument, or (ii) attend a meeting of the Select Committee to explain any such statutory instrument: Provided that the authority concerned may decline to attend for reasons given in writing to the Select Committee, which may report thereon to the Dáil, and (5) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss― be annulled or amended; (a) policy, or (b) proposed primary or secondary legislation (prior to such legislation being published), for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy or proposed legislation; (6) power to require that a member of the Government or Minister of State shall attend before the Select Committee and provide, in private session if so requested by the attendee, oral briefings in advance of meetings of the relevant EC Council (of Ministers) of the European Union to enable the Select Committee to make known its views: Provided that the Committee may also require such attendance following such meetings; Page 22 of 25 Page 23 of 25 Page 23 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 APPENDIX II – Committee Membership Deputies: Joe Carey TD Cathal Crowe TD Michael Lowry TD Steven Matthews TD James O’Connor TD Kieran O’Donnell TD (Cathaoirleach) Ruairí Ó Murchú TD Darren O’Rourke TD Duncan Smith TD Senators: Senator Lynn Boylan Senator Jerry Buttimer Senator Gerard Craughwell Senator Timmy Dooley Senator Gerry Horkan Notes: 1.
Deputies nominated by the Dáil Committee of Selection and appointed by Order of the Dáil of 30 July 2020.

2.

Senators nominated by the Seanad Committee of Selection and appointed by Order of the Seanad on 25 September 2020.

3.

On 5 November 2020, the Cathaoirleach of the Seanad announced the resignation of Senator Elisha McCallion as a Member of Seanad Éireann, and that consequently, a casual vacancy had arisen in the membership of Seanad Éireann.

4.
4.

On 9 December 2020, Senator Rónán Mullen was discharged from membership of the Committee at his own request and Senator Gerard Craughwell was appointed in substitution for him.

5.

On 17 May 2020, Senator Lynn Boylan was nominated to serve on the Committee.

6.

On 17 May 2020, Senator Ned O’Sullivan was discharged from membership of the Committee at his own request and Senator Gerry Horkan was appointed in substitution for him.
Page 24 of 25 Page 24 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties) (Amendment) Bill 2020 APPENDIX II – Committee Membership APPENDIX III – Meetings Held Date Meeting 29/01/21 Session 1 • Michael Kingston • Ciaran McCarthy B. L Session 2 • Minister for Transport, Eamon Ryan TD Link to transcripts and opening statements • Transcript (link) • Opening statements o Minister for Transport (link) o Michael Kingston (link) • Submission o Michael Kingston (link) Deputies: Joe Carey TD Cathal Crowe TD Michael Lowry TD Steven Matthews TD James O’Connor TD Ruairí Ó Murchú TD Darren O’Rourke TD Duncan Smith TD Kieran O’Donnell TD (Cathaoirleach) Senators: Senator Lynn Boylan Senator Jerry Buttimer Senator Gerard Craughwell Senator Timmy Dooley Senator Gerry Horkan Notes: July 2020.
1.

Deputies nominated by the Dáil Committee of Selection and appointed by Order of the Dáil of 30 2.

Senators nominated by the Seanad Committee of Selection and appointed by Order of the Seanad on 25 September 2020.

3.

On 5 November 2020, the Cathaoirleach of the Seanad announced the resignation of Senator Elisha McCallion as a Member of Seanad Éireann, and that consequently, a casual vacancy had arisen in the membership of Seanad Éireann.

4.
4.

On 9 December 2020, Senator Rónán Mullen was discharged from membership of the Committee at his own request and Senator Gerard Craughwell was appointed in substitution for him.

5.

On 17 May 2020, Senator Lynn Boylan was nominated to serve on the Committee.

6.

On 17 May 2020, Senator Ned O’Sullivan was discharged from membership of the Committee at his own request and Senator Gerry Horkan was appointed in substitution for him.
Page 24 of 25 Page 25 of 25 Page 25 of 26 Report on Scrutiny of the General Scheme of the Merchant Shipping (Investigation of Marine Casualties)(Amendment) Bill 2020 Page 26 of 26 Tuarascáil maidir le Grinnscrúdú ar Scéim Ghinearálta an Bhille Loingis Cheannaíochta (Taismí Muirí a Imscrúdú) (Leasú), 2020 Houses of the Oireachtas Leinster House Kildare Street Dublin 2 D02 XR20 www.oireachtas.ie Tel: +353 (0)1 6183000 or 076 1001700 Twitter: @OireachtasNews Connect with us Download our App