Seán Canney
Galway East · Independent · Ireland
“To obtain an operational authorisation, an operator must provide a comprehensive safety portfolio, which includes assessing and addressing both ground and air risks with appropriate mitigations. Manna Air Delivery holds such an authorisation from the IAA.”
“The national policy framework for UAS, agreed by the Government, was published by the Minister in August last year. The policy framework aims to guide high-level strategic planning and development in the drone sector in Ireland through support, growth and innovation, while ensuring safe and secure operations.”
“I thank the Deputy for raising this matter, which I am taking on behalf of the Minister, Deputy Darragh O'Brien. I note Manna Air Delivery's recent statement that it will for now cease deliveries by drone in Ireland.”
“It proposes 16 actions under three main areas: the use of airspace and planning; compliance and enforcement; and enterprise and innovation. Actions in the policy framework include the establishment of a national working group on UAS geographical zones to develop transparent processes and procedures for the designation of these zones; the…”
“This new route provides passengers travelling from Charleville to Cork with a morning service at 7.05 a.m. and a service from Cork to Charleville at 5.45 p.m., Monday to Friday. This new route is part of the Connecting Ireland rural mobility plan, a major public transport initiative.”
“I thank the Deputy. I reassure him again that the Department, its Minister, Deputy O’Brien, my fellow Minister of State, Deputy Buttimer, and I are fully committed to delivering a more sustainable, inclusive and accessible transport system for the benefit of current and future generations.”
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“I reiterate that the purpose of Part 5 of this Bill is to allow us to regulate offshore service vessels for the carriage of industrial personnel to service the offshore wind industry. There appears to be some confusion between the regulation of these vessels to service the offshore renewable energy, ORE, industry and the recent Government approval of the LNG terminal. They are two entirely separate issues. I know concerns were raised around the definition for offshore industrial activities in the Bill containing references to the hydrocarbon energy sector, but this is to reflect the definition used in the SOLAS Convention. I would like to clarify that different rules and certification apply to ships involved in the carriage of dangerous goods, such as LNG, which is not the case here.”
“We talked about this before in respect of continuing professional development and changes to qualifications. The MAIU will be led by the chief investigator and staffed by a team of investigators, who will all be recruited through open competition run by the Public Appointments Service, which is a centralised provider of recruitment, assessment and selection services across the civil and public service. It provides an open and transparent recruitment process to identify candidates for public sector roles and has a strong reputation for independent and merit-based selection. Therefore, I feel the Bill covers the qualifications. As well as that, the chief investigator has a huge role to play in this.”
“Let me make a point on accident investigation qualifications. Ireland has been a member of the International Maritime Organization, IMO, since 1951. The IMO is a specialised agency of the UN responsible for regulating shipping and maritime activities globally. We participate actively in its initiatives to ensure safe, secure and environmentally sound shipping practices. The IMO casualty investigation code was adopted in 2008 and became mandatory on 1 January 2010. Its aim is to standardise the investigation of marine casualties, improve maritime safety and prevent pollution. The code states investigators should be qualified in accordance with Resolution A.996(25). As qualifications could be periodically updated, it would not be appropriate to put them into legislation.”
“The Bill provides that the MAIU should take any observations submitted in accordance with this section into account before publishing its report and may incorporate the observations into its findings or recommendations in the report, or make such comments on them in the report as it sees fit. Given the reasons I have stated, I trust Senators will understand that I have decided not to accept the amendment.”
“I remind Senators that the purpose of a marine safety investigation is not to apportion blame or determine liability but to seek to identify the cause of the accident to develop safety recommendations. It would not be appropriate, nor would it be in line with our EU obligations regarding independence, for the MAIU to be required to develop safety recommendations in consultation with search and rescue organisations. I would like to highlight, however, that section 33 requires the MAIU to share a draft report with anyone likely to be adversely impacted by its publication.”
“The chief investigator will be responsible for ensuring the MAIU can effectively perform its marine accident investigation functions, including by ensuring staff across the unit develop and maintain the appropriate mix of skills and training. There is nothing in the Bill to preclude the MAIU from developing, within the protocols, a memorandum of understanding with SAR bodies regarding how they work together within the confines of their respective remits. However, such arrangements are not appropriate for legislation. It is a matter for the chief investigator to determine whether such protocols are needed and what arrangements should be set out therein. On exempting search and rescue volunteers from certain requirements within the Bill, I am concerned that this would weaken the ability of investigators to collect crucial evidence.”
“The chief investigator will be guided in this regard by the casualty investigation code of the International Maritime Organization, IMO. It would not be appropriate to prescribe in legislation particulars regarding how an investigation into an accident involving search and rescue operations is conducted. I have stated previously, and it remains my view, that it is not desirable to provide in legislation for the specific qualifications and experience of individual investigators. Section 9 requires that the MAIU be staffed by investigators who possess the requisite qualifications and experience in order for the unit to deliver its functions.”
“I thank Senators for their contributions. This amendment deals with a number of points relating to search and rescue operations, including the conduct of an investigation in this context, the expertise of investigators, co-operation between the MAIU and the SAR bodies, the exemption of volunteers from certain requirements in the Bill and the collaborative development of safety recommendations. I remind the House that the MAIU will be an independent unit, the purpose of which will be to determine the cause or causes of marine accidents and make recommendations that seek to improve maritime safety in the future. As an independent unit, the conduct of an investigation will be a matter for the chief investigator or his or her designated investigator in charge.”
“It did that against a lot of international pressure not to do it. It is important we recognise that as well. As the Minister said, there needs to be engagement before this Bill goes to Report Stage. I thank the Senators for their input. I know everybody is genuine. We have to try to find something that will work. The biggest thing with legislation is that it has to be effective and workable. If we do something with legislation that is not going to work or is found to be flawed after it has passed, then we will have done a disservice.”
“The increase is attributed to operational changes within the airline that resulted in Irish-registered aircraft now flying in areas where the carriage of armed law enforcement personnel is a more regular occurrence. We will have to delve into the reasons for the increases. This goes back to the point made by the Minister. I take on board what Senators are saying about what they want to achieve. It is important to recognise that. I think we have seen enough of the destruction of human life in Ukraine and Gaza. There are no winners in war. Everybody blames somebody else, but blaming is no good to the men, women and children who are dead. There is a lot of conflict in the world, and we have to make sure Ireland upholds international law. The Government has made statements on the recognition of Palestine, which has to be acknowledged.”
“I thank the Senators. I came in to take over from the Minister, Deputy O’Brien. I have been listening intently and taking notes. As the Minister said, this Bill is not perfect. We need to engage with Department officials and see if we can make it work. Senator Craughwell asked a question about the application for exemption. The exemptions fall into two main categories. One is for US civil air operators contracted to carry US military personnel with their unloaded personal issue weapons, which require an exemption if they operate in Irish sovereign territory, including overflights or scheduled flights to Europe by Irish-registered aircraft carriers operating outside of Ireland. Exemptions that issued in respect of the latter category increased by 68% between 2023 and 2024. This increased activity began in October 2023.”
“However, there were sober people in the Chamber, shouting, roaring and being disrespectful. It was a terrible vista for politics, and I hope to God I never see it again.”
“With the Minister of State, Deputy Harkin, Michael Lowry and the other people, we formed a negotiation document for Government. We spent weeks putting it together, including Saturdays and Sundays, with Fianna Fáil and Fine Gael, with the purpose of forming a government in order to do what we were elected to do. I am proud to have been part of that and to be a Minister of State in this Government. I hope to deliver over the coming five years. If we do not get back to the business, with the headwinds that are coming against us from Trump and whatever else, we will end up in a sorry state. We need to unite for one thing: to protect Ireland and its economy. We need to make sure that bad politics do not take over this country. If this situation happened in a pub last week, one would say drink was involved.”
“I want to express my total confidence in Deputy Verona Murphy as Ceann Comhairle of this House. She is a woman of great vision and strength, and it is important that she be allowed to continue as the first woman to serve as Ceann Comhairle here. People have talked about last week and the scenes that were in here in the Chamber. I am not going to repeat them. Suffice to say, the people on the ground who I represent in Galway East were totally disgusted with what was going on here. When I was elected as a TD in the last general election, I pledged that I would do my best for the people of Galway East, and also for the country. We have major issues in terms of housing, delivering infrastructure and disabilities in this country. I could sit on the sidelines and talk about them all day, but I decided it was best to go into government.”
“The types of vessel we are talking about are new and evolving all the time, including in terms of how they are powered, so some flexibility is required. Therefore, I cannot accept these amendments.”
“The Senator proposes the deletion of an exemption provision. This is a practical provision, however, and it makes sense to include it, given the various types of offshore vessel we will be legislating for. The Senator suggests that no exemptions should be permitted under rules implementing the safety convention and the IP code or for offshore service vessels involved in certain activities. I must point out that the safety convention itself has exemption provisions within it that recognise that features of a novel kind may be required for certain vessels. Such exemptions are permitted where the vessel complies with the necessary safety requirement as determined by the appropriate administration. It is not intended that this will be a default position but rather occurring in exceptional cases.”
“The vessels to be provided for under this Bill may fall outside the scope of the convention and we need to be able to determine the most appropriate standards from the convention that can be applied to smaller vessels. It would not be practical to apply all the provisions of the convention to them.”
“Instead, such carriers must be certified under the relevant provision of the SOLAS Convention, including chapter VII on the carriage of dangerous codes and the international code for the construction and equipment of ships carrying liquefied gas in bulk. LNG carriers do not fall within the scope of the Bill. The definitions in the Bill are entirely in line with the SOLAS Convention and we want to align with international best practice and meet our obligations under the convention. The 2010 Act's provisions refer specifically to ships that fall within the scope of the SOLAS Convention only. That is why the term "shall" is used.”
“There may not be any of those types of provision required and, therefore, it is not practical to make it mandatory to include such matters. For the reasons I have set out, I cannot accept the amendments. However, I wish to reiterate my commitment to the Senator that it is my intention to progress the preparation of the rules using the powers under this section of the Bill. The Senator mentioned LNG tankers. LNG carriers importing LNG into Ireland, which is the carriage of dangerous goods on a large scale, is separate to what is being provided under this Bill. Given that the primary purpose of such carriers is the transportation of LNG internationally to Ireland, they would not be certified as offshore service vessels under this Bill.”
“This provision, therefore, would allow acceptance of an alternative manner in terms of construction or equipment once it was of an equivalent standard. This will be determined after the full survey and should not be mandatorily accepted under legislation. The Senator also wishes to make it mandatory for any rules to include survey requirements. Offshore service vessels cannot be provided with a certificate under section 48 of this Bill without first having undergone the appropriate survey. I confirm that any rules drafted under this section would set out the detailed survey requirements, but it is more appropriate to maintain a consistent drafting approach throughout this section. The Senator proposes to make it mandatory for any rules under the section to include incidental, supplementary and consequential provisions.”
“It is practical to have the option to have different sets of rules given the different types of vessels that may be involved, but it will be determined during the drafting process as to what rules are required and whether a single set can be used to cover a range of vessels. As such, the use of the term "may" is more practical in this instance. The Senator also wishes to make it a mandatory requirement for the Minister to accept alternative approaches in terms of construction and provision of equipment, which is not appropriate. This should be the exception rather than the rule. It could be the case that some of the offshore service vessels may be, or were previously, flagged to another state that provided for different requirements.”
“That convention and code typically relate to ships on international voyages, however, which are 500 gross tonnes and greater. For such vessels, it is our intention to comply with our obligations under the convention. It may not be practical, however, to apply the provision of the convention or the code to smaller vessels less than 500 gross tonnes operating on domestic voyages. We need to be able to determine the most appropriate safety standards from the vessel based on its size, purpose and area of operation. The Senator further wishes to make it a requirement to have different rules for different classes of vessels and make it mandatory to take into account the listed criteria.”
“The Senator is also proposing to make it mandatory for any rules made under the section to specify the need to comply with requirements of recognised organisations. Some of the vessels we are referring to here, however, will be small crew transfer vessels which will be operating domestically to and from wind farms. Recognised organisations typically only prescribe requirements for larger ships on international voyages. As such, it is impractical to make it mandatory for smaller offshore service vessels on domestic voyages to comply with the requirements as set out by recognised organisations. The Senator also wishes to make it mandatory for the rules to require compliance with the provisions of chapter XV of the SOLAS Convention and the IP Code.”
“I will respond to amendments Nos. 20 to 26, inclusive. The purpose of Part 8 is to allow us to regulate offshore service vessels, and there is a key aspect in this section which provides the Minister with the power to make rules for such regulation. I confirm that it is my intention, if and when this Bill is enacted, to have rules progressed as soon as possible using that power. Indeed, work has already commenced in updating the cargo ship rules and high-speed craft rules which will form the base certifications for these vessels. It is important the powers are provided, but not that there is a mandatory obligation placed on a Minister to make rules or regulations. Under the Merchant Shipping Act, it is standard drafting language to use the term "may" rather than "shall" when providing such a power.”
“Absolutely. In addition, nothing in the Bill precludes coroners from referring to a report of the MAIU in their investigations. This is the kernel of what Senator Higgins is saying, which is that there should be a sharing of information.”
“I thank the Senator for raising the issue. There are a number of matters. There is nothing in the Bill that precludes the MAIU from engaging with the coroner. Nothing in the Bill precludes a coroner from referring to a report of the MAIU during an inquest because questions of liability, whether criminal or civil, are not part of the coronial process. It is a strict requirement of the new directive that the investigations of the MAIU must be independent of other parallel investigations. The sharing of evidence between the MAIU and other bodies would be contrary to this. There is also a risk of creating a chilling effect whereby witnesses would be fearful of sharing evidence with investigators if that information were to be used for any purpose other than the investigation of the accident.”
“This section provides for the MAIU to co-operate in a marine safety investigation conducted by a substantially interested third party and to co-operate with the European Maritime Safety Agency. This section also outlines the responsibility for investigating an accident involving a ro-ro ferry or a high-speed passenger craft. The MAIU is responsible for an investigation into an accident involving such vessels if it takes place in territorial waters of the State or where the State is the last member state visited by that ferry or craft. That was just a little more on that section.”
“Section 21 on mutual assistance transposes the requirement of the EU directive that the MAIU must co-operate with and provide assistance to the marine safety investigation authorities of other member states for investigations that fall within the scope of the directive and impact on one or more of the member states. It also provides that only one member state should lead an investigation that impacts on more than one member state. Parallel investigations may only be carried out in exceptional circumstances, and the reasons for doing so must be notified to the European Commission. It also provides that a member state assisting the lead member state with an investigation is not responsible for costs.”
“It prohibits the disclosure of confidential information by investigators, administrative staff of the MAIU, staff of the Department to whom access to information and documents is granted for the purposes of administration and information technology functions, and any consultant or adviser engaged by the unit. This section also provides for the meaning of "maintain confidentiality" with regard to the Act, for the avoidance of ambiguity. These provisions are an important part of maintaining the independence of the unit.”
“The reason is that requiring an investigator to provide directions in writing may cause ambiguity about the point at which those directions apply. If directions do not apply until received in writing, there is nothing to prevent a person from accessing the site of the accident in the meantime, potentially compromising crucial evidence. For this reason, I trust Senators understand why I am not accepting the amendment.”
“The section provides for the powers of investigators to give directions to any person in or in the vicinity of a ship or the wreckage of a ship involved in a marine accident. Such directions may prevent or regulate access to the scene of the accident. This is crucial for the preservation of evidence. The nature of investigations is such that an investigator must have powers to give directions orally and for those oral directions to have immediate effect. Investigators must be able to secure the site of an investigation immediately or risk compromising the evidence. If a person requests a direction in writing, this will be a matter for the chief investigator of the MAIU, not a matter for legislation.”
“The action is linked to the recommendation and this is implicit within the text of the Bill as it stands. Therefore, I consider amendment No. 12 unnecessary.”
“Yes. Section 15 deals with the annual report of the MAIU. It provides that: The annual report shall- (a) identify the marine accidents occurring during the period to which it relates, (b) contain a summary of the position in respect of marine safety investigations ongoing or completed during that year, and (c) provide information on safety recommendations that were issued by the MAIU that year and actions taken in that year in accordance with recommendations issued in previous years. The amendment tabled by the Senator proposes to add to paragraph (c) actions taken "by whatever body or authority". The text of the Bill is clear that the annual report shall provide information on actions to which recommendations were issued the previous year. Recommendations are directed towards specific bodies or authorities.”
“I agree it is important we have continuing professional development and keep up to date with all improvements in standards. It is important to note the Bill as set out has agility in relation to people with qualifications or whose qualifications change and is not overly prescriptive about the qualifications required. Otherwise, we would have to change the primary legislation every time something new comes in. We need that agility and that is why we are sticking with what we have in the Bill.”
“Given the extensive nature of the provisions regarding independence of investigators in the Bill, I do not believe amendment No. 10 is necessary. Including it would exclude experienced individuals from applying from investigator roles. Given all I have outlined above, I trust Senators will understand why I have decided not to accept these amendments.”
“Section 9 provides that investigators shall be independent and section 10 obliges the chief investigator to ensure the compliance of the unit with the independence requirements of the EU directive. Section 10 also provides that the chief investigator of the MAIU shall not receive instruction from any official in the Department with a role in the maritime policy or operational area. Section 11 outlines detailed provisions regarding conflicts of interest, including a requirement that the Minister put in place a robust conflict of interest policy within six months of the establishment of the unit. Section 28 outlines strict provisions regarding confidentiality and sharing of information. The Bill is clear the maritime division within the Department of Transport will have no involvement in the MAIU.”
“During pre-legislative scrutiny, it was argued by the expert stakeholders that this eligibility requirement was not necessary and that, given the size of our marine sector, it would be shortsighted to exclude experienced individuals who do not meet this criterion. The expert stakeholders proposed to reduce the period from five years to one year. I agree individuals should not be excluded by having worked in the Civil Service and, further, that removing the provision completely is the most appropriate course of action. The Bill provides extensively for the independence of investigators on marine safety investigations. Section 7 provides that the MAIU must be independent in its organisation and in the performance of its functions.”
“I assure Senators this will not be the case. Section 9 provides the Public Appointments Service, PAS, will manage the recruitment of investigators. PAS is the centralised provider of recruitment, assessment and selection services across the civil and public service. It provides an open and transparent recruitment process to identity candidates for public sector roles and has a strong reputation for independence and merit-based selection. Amendment No. 10 arises from pre-legislative scrutiny. The general scheme of the Bill contained a provision stating a person who holds or held a position as a civil servant at any time during the five-year period before the establishment of the MAIU would not be eligible for appointment as an investigator.”
“Ireland is a member of the International Maritime Organization, IMO, the casualty investigation code of, which sets out the guidance regarding the qualifications of marine accident investigators. This code is updated periodically and the recommended qualifications and skills of investigators may change in future. Regarding continuing professional development and training, this is similarly not a matter for legislation. The chief investigator is responsible for managing the business of the MAIU to ensure it can perform its functions. It will be a matter for the chief investigator to ensure that investigators maintain appropriate standards of continuing professional development. Paragraph (b) of amendment No. 7 seeks to provide that the recruitment of investigators shall not be at the sole discretion of the chief investigator.”
“I thank the Senator. These amendments deal with the experience and qualifications of investigators, the recruitment process and the eligibility requirements for appointment as investigator of the marine accident investigation unit, MAIU. First, I want to address amendments Nos. 6 to 8, inclusive, and 11, relating to qualifications, experience and training. Section 9 provides that the MAIU shall be staffed with investigators who possess the requisite independence, qualifications and experience who shall perform the functions of the MAIU. It is not desirable to provide in legislation for the specific qualifications of the investigators. It would mean that if any changes need to be made to qualifications in future, the primary legislation would need to be amended.”
“I thank everyone for their attendance and their positive and constructive engagement. I look forward to progressing this Bill further.”
“If we are going to harness that potential, we need to make sure we do it in a way that is safe and where there are rules and regulations in terms of safety like there would be on a construction site or wherever else. It is important that we do that. This Bill will help us to achieve that by providing for the necessary regulation-making power to cater for the newer types of vessels being used in the offshore service sector and the carriage of industrial personnel on these vessels. That is very important as well. Updates to the International Maritime Organization's, IMO's, safety of life at sea convention and the International Labour Organization’s, ILO's, Maritime Labour Convention will enable more recent amendments to these conventions to be addressed in national secondary legislation.”
“The Bill will establish a new maritime accident investigation unit and provide it with the necessary powers to investigate marine accidents with the purpose of establishing the cause of an accident in order to make recommendations to improve safety going forward. This Bill is also about future-proofing for the increased demands and complexities arising from the development of offshore wind energy in particular, which Senator Blaney mentioned. Ireland is committed to achieving carbon neutrality by 2050. To reach that target, the country must significantly increase the proportion of its energy needs that are fulfilled by renewable sources, including offshore renewable energy. Coming from the west of Ireland, as Senators Kyne and Blaney and others do, we know the potential there.”
“Questions of liability, whether criminal or civil, are not part of the coronial process. Senator Kyne spoke about the sharing of evidence between agencies and other bodies. As stated, it is a strict requirement of the EU directive that investigations of the MAIU must be independent of any other parallel investigation. That is why it cannot be evidence based. If evidence is to be used in litigation, some witnesses or prospective witnesses may not want to say what happened if there is a threat of litigation coming down the track. I hope I have answered all, or the majority, of the issues raised. I again thank Senators for their time and for coming in here this evening. To reiterate, this Bill is about enhancing our maritime safety regime, particularly in terms of marine accident investigation.”
“The legislation provides that the chief investigator of the MAIU shall not receive instruction - this was referred to by a few Senators - from any official within the Department with a role in the maritime policy operational area. The legislation requires the Minister to put in place a robust conflict-of-interest policy within six months of the establishment of the unit. The maritime division within the Department of Transport will have no involvement in the work of the MAIU and the chief investigator will be responsible for directing the work of the unit. Each investigation will have a designated investigator in charge who will be responsible for running that specific investigation. As already stated, nothing in the Bill precludes a coroner from referring to a report of the MAIU during an inquest.”
“PAS provides for open and transparent recruitment processes to identify candidates for public sector roles and has a strong reputation for independent and merit-based selection. Senator Collins indicated that she wants three investigators. Investigation of an accident might required more than that. If we enshrine in law three investigators to work with the chief investigator, the latter's hands would be tied. We need to have more flexibility. It would be wrong to specify three investigators in legislation. The Bill was also carefully drafted in order to meet the independent requirements of the EU directive. When the Bill was being drafted, the Department liaised with the European Commission.”
“The reporting structure and staffing models should be in line with what was already in place for the AAIU and the RAIU. This is the primary purpose of the Merchant Shipping (Investigation of Marine Accidents) Bill. The recommendations in the report were published. I will not comment on what the relevant Senator said about people being appointed because I do not know what is involved. The MAIU will be led by a chief investigator and staffed by a team of investigators who will be recruited through an open competition run by the Public Appointments Service, PAS, which is the centralised provider in the context of recruitment, assessment and selection services across the Civil Service and the public service.”
“The Lacey report was initiated to examine the possible establishment of a national accident investigation office and a multimodal investigation body for rail, air and marine. The report was not acted upon due to a change of government at the time. This Bill does not preclude us from reactivating the proposal to bring in a single agency to look after this area if that is what we want to do. The recommendations and observations of the Clinch report were published in December 2022. As they are the key output of the review, all recommendations directed towards the Department of Transport have been actioned. To provide one example, the report recommended that the Minister for Transport should establish a functionally independent MAIU within the Department of Transport.”
“Some Senators, including Senator Kyne, mentioned the issue of attributing blame. MAIU investigations do not attribute blame or fault. This is required under the EU directive. These are not prosecutorial investigations. Parallel investigations involving the Garda and whomever will be taking place. That is where that comes in. There is no problem with a coroner taking a report and using it as part of his investigations. Some people mentioned the Lacey report. In 2009, the Government published the Lacey report. That report proposed a rationalisation involving a reduction in the overall number of 41 bodies and the streamlining of other functions. This decision included the amalgamation of the Air Accident Investigation Unit, the Railway Accident Investigation Unit, the Rail Safety Commission and the Marine Casualty Investigation Board.”
“I thank the Senators for their contributions, all of which I listened to intently. I will try to answer some of the questions raised. In regard to pre-legislative scrutiny, this was carried out by the Joint Committee on Transport and Communications. Its report was published on 2 May 2023. Where appropriate, the recommendations of the committee were incorporated in the Bill - for example, a broad definition of "ship" was used in the Bill along with the MAIU to investigate marine accidents involving a wide range of vessels. The Bill also includes detailed provisions requiring the independence of investigators and processes for dealing with conflicts of interest, including an obligation on the Minister to publish a conflicts of interest policy in relation to the MAIU.”