Merchant Shipping (Investigation of Marine Casualties) Act 2000

PART 1 Preliminary

1 Short title, commencement, construction, collective citation and effect.

1.— (1) This Act may be cited as the Merchant Shipping (Investigation of Marine Casualties) Act, 2000.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

(3) This Act shall be construed as one with the Merchant Shipping Acts, 1894 to 1998, and may be cited together with those Acts as the Merchant Shipping Acts, 1894 to 2000.

(4) This Act shall not apply to vessels of the Naval Service of the Defence Forces.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“Board” means the Marine Casualty Investigation Board established by section 7(1);

“Chairperson” means the Chairperson of the Board, and includes the Deputy Chairperson while acting as or performing the functions of the Chairperson;

“Chief Surveyor” means the person from time to time holding (including temporarily), or performing the duties of, the position with the designation Chief Surveyor in the Marine Survey Office of the Department of the Marine and Natural Resources;

“functions” includes powers and duties;

“investigation” means an investigation of a marine casualty in accordance with Part 3;

“investigator” means a person appointed under section 26(2) to be an investigator;

“Irish waters” includes the territorial sea, the waters on the landward side of the territorial sea, and the estuaries, rivers, lakes and other inland waters (whether or not artificially created or modified), of the State;

“marine casualty” means an event or process which causes or poses the threat of—

(a) death or serious injury to a person;

(b) the loss of a person overboard;

(c) significant loss or stranding of, or damage to, or collision with, a vessel or property; or

(d) significant damage to the environment,

in connection with the operation of—

(i) a vessel in Irish waters;

(ii) an Irish registered vessel, in waters anywhere; or

(iii) a vessel normally located or moored in Irish waters and under the control of a resident of the State, in international waters contiguous to Irish waters,

and includes an accident or damage referred to in section 26(1) (b);

“Minister” means the Minister for the Marine and Natural Resources;

“owner”, in relation to a vessel, means—

(a) where it is owned by the State or another state and operated by a person who in the State or that other state, as the case may be, is registered as its operator, the person so registered, and

(b) in any other case—

(i) the person registered as its owner; or

(ii) the person who directly or indirectly owns the vessel,

and includes any part-owner, charterer, manager or operator of the vessel;

“record” includes any memorandum, book, plan, chart, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Act, 1988) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing;

“report” means a published report of an investigation into a marine casualty, in whatever form the report may take;

“tribunal” means a person or persons appointed under section 38(2) (a) to hold an inquiry;

“vessel”, in relation to a marine casualty, means a vessel or craft (or part of a vessel or craft) which at the time of the casualty—

(a) is registered in the State, or

(b) is located in the State (including in Irish waters), or

(c) being a vessel normally located or moored in Irish waters, is under the control of a resident of the State in international waters contiguous to Irish waters,

and capable of being used, or intended to be used, for navigation or transportation on water, but does not include a seaplane.

(2) In this Act, including the Schedule—

(a) a reference to any other enactment shall, except to the extent that the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act,

(b) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(d) a reference to the Schedule is a reference to the Schedule to this Act.

3 Regulations.

3.—(1) The Minister may make regulations for such matters as are permitted or required by or under this Act to be prescribed by regulations and may make such other regulations as are necessary or expedient for the purpose of giving effect to this Act.

(2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.

4 Laying of orders and regulations before Houses of Oireachtas.

4.—Every order (other than an order under section 1(2)) and every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

5 Expenses of Minister.

5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6 Repeals.

6.—Sections 425, 426, 464, 465, 466, 467, 468 and 728(a) of the Merchant Shipping Act, 1894, are hereby repealed.

PART 2 Marine Casualty Investigation Board

7 Marine Casualty Investigation Board.

7.—(1) There is hereby established, on such day as shall be appointed for that purpose by order of the Minister, a body to be known as Board Imscrúdú Taismí Muirí or, in the English language, the Marine Casualty Investigation Board, to investigate marine casualties and publish reports of such investigations and to perform such other functions as are assigned to it by or under this Act.

(2) The Schedule shall have effect in relation to the Board.

(3) The Board shall have such powers as are necessary for or incidental to the performance of its functions under this Act.

8 Independence of Board.

8.—The Board shall be independent of the Minister in the performance of its functions and, in general, shall be independent of any other person or body whose interests could conflict with the functions of the Board.

9 Composition of Board.

9.—(1) The Board shall consist of—

(a) three persons appointed by the Minister;

(b) the Chief Surveyor; and

(c) the Secretary-General of the Department of the Marine and Natural Resources, or his or her nominee.

(2) The Minister shall appoint one of the persons appointed under subsection (1)(a) to be the Chairperson of the Board and another to be its Deputy Chairperson to perform the duties of the Chairperson during any vacancy in the office of the Chairperson or where the Chairperson is absent from, or for any reason is unable to perform the duties of, his or her office.

10 Tenure of office of Chairperson and members of Board appointed by Minister.

10.—(1) Subject to this section—

(a) the Chairperson shall hold office as Chairperson and member of the Board for a period of 5 years, and may be re-appointed for a second or subsequent term of office in either or both capacities,

(b) the other membersof the Board appointed under section 9(1)(a) shall hold office for such period, not exceeding 5 years, as shall be specified by the Minister when appointing them, and may be re-appointed for a second or subsequent term of office not exceeding 5 years, and

(c) a member of the Board holding office as a nominee of the Secretary-General of the Department of the Marine and Natural Resources shall hold office until such time as the Secretary-General nominates a replacement.

(2) The Chairperson or other member of the Board appointed under section 9(1)(a) may resign the office of Chairperson or member, as the case may be, by letter addressed to the Minister, and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(3) The Chairperson or other member of the Board shall vacate the office of Chairperson and member on attaining the age of 70 years.

(4) Where the Chairperson or other member of the Board—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election to either House of the Oireachtas or to the European Parliament, or

(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997, as having been elected to the European Parliament,

he or she shall thereupon cease to be the Chairperson or a member of the Board.

(5) The Minister may remove the Chairperson or other member of the Board from office—

(a) if the Chairperson or member becomes incapable through ill-health of effectively performing his or her functions,

(b) for stated misbehaviour, or

(c) notwithstanding section 8, if the Chairperson's or member's removal appears to the Minister to be necessary for the effective performance by the Board of its functions,

and the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for any such removal.

(6) Where the Chairperson or other member of the Board—

(a) is adjudged bankrupt or makes, under the protection or procedure of a court, a composition or arrangement with creditors, or

(b) is convicted on indictment by a court of competent jurisdiction,

he or she shall thereupon be disqualified from holding, and shall cease to hold, office as Chairperson or member of the Board.

11 Remuneration, etc., of Chairperson and members of Board appointed by Minister.

11.—There shall be paid by the Board to the Chairperson and each other member of the Board appointed under section 9(1) (a), such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, determines.

12 Chairperson to ensure efficient performance of functions of Board.

12.—(1) It shall be the function of the Chairperson to ensure the efficient performance of the functions of the Board.

(2) Where the Chairperson is of the opinion that the conduct of a member of the Board has been such as to bring the Board into disrepute or has been prejudicial to the effective performance by the Board of its functions, the Chairperson may, in his or her discretion—

(a) require the member to attend before him or her for interview, and, on the member so attending, interview the member privately and inform the member of that opinion, or

(b) otherwise investigate the matter and, if he or she considers it appropriate to do so, report to the Minister the result of the investigation.

13 Meetings and procedure of Board.

13.—(1) The Board shall hold such meetings as are necessary for the performance of its functions.

(2) Subject to any provision of this Act which regulates, or otherwise affects, the procedure of the Board, the Board shall regulate its own procedure.

(3) The Board may perform any of its functions through a person who has been duly authorised by the Board to perform those functions.

14 Quorum, vacancies, etc.

14.—(1) The quorum for a meeting of the Board shall be the Chairperson or Deputy Chairperson and 2 other members.

(2) Subject to subsection (1), the Board may act notwithstanding a vacancy in the office of Chairperson, Deputy Chairperson or among the other members.

(3) Where a vacancy occurs in the office of Chairperson, Deputy Chairperson or other member appointed under section 9(1) (a), the Minister shall, as soon as practicable, take steps to fill the vacancy.

(4) Where the office of Chief Surveyor is vacant, the Secretary-General of the Department of the Marine and Natural Resources shall nominate a further member to the Board until such time as the office of Chief Surveyor is filled.

15 Secretary of Board.

15.—An officer of the Minister who is an established civil servant for the purpose of the Civil Service Regulation Act, 1956, and who is seconded to the Board for that purpose, either on a whole-time or part-time basis, shall act as secretary of the Board.

16 Consultants, advisers and investigators.

16.—(1) The Board may, from time to time, engage such consultants, advisers and investigators (including investigators nominated by the Chief Surveyor from the Marine Survey Office of the Department of the Marine and Natural Resources) as it considers necessary for the performance of its functions and any fees due to a consultant or adviser or investigator (other than an investigator from the Marine Survey Office) so engaged shall be paid by the Board out of moneys made available by the Oireachtas.

(2) A person may notify the Board in writing of his or her willingness to be engaged by the Board as a consultant, adviser or investigator and give to the Board particulars of his or her qualifications and experience, and the Board shall maintain a list of such persons.

(3) The Board shall, in engaging a consultant, adviser or investigator under this section, have regard to the list maintained under subsection (2), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant, adviser or investigator a person whose name is not on the list.

(4) The Board shall include in its annual report a statement of the names of the persons, if any, engaged pursuant to this section during the year to which the report relates.

17 Disclosure of interests.

17.—(1) Where the Chairperson or other member of the Board, the secretary of the Board, or a consultant, adviser or investigator engaged by the Board, has a pecuniary or other beneficial interest in, or material to, any vessel or the cargo of a vessel involved in a marine casualty, or to any other matter to be considered by the Board, he or she shall disclose to the Board the nature of the interest in advance of any consideration by the Board as to whether the marine casualty should be investigated, or any other matter relating to the marine casualty, and—

(a) neither influence nor seek to influence a decision in relation to the investigation or matter,

(b) take no part in any consideration of the investigation or matter, and

(c) withdraw from the meeting of the Board for so long as the investigation is being considered or matter discussed by the Board and, in the case of the Chairperson or other member of the Board, shall not be counted towards a quorum at the meeting during that time.

(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if—

(a) the person or a member of the person's household, or a nominee of the person or of a member of his or her household, is a member of a company or other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(b) the person or a member of the person's household is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter,

(c) the person or a member of the person's household is a party to an arrangement or agreement (whether or not enforceable) concerning a vessel or the cargo of a vessel to which such a matter relates, or

(d) a member of the person's household has a beneficial interest in, or material to, such a matter.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, a matter by reason only of an interest of the person or of a company or other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing a question in respect of a matter arising or coming before the Board or in performing a function in relation to such a matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by the person to comply with the requirements of subsection (1), the question shall be determined by the Board and particulars of the determination shall be recorded in the minutes of the meeting concerned.

(5) Where a disclosure is made to the Board pursuant to subsection (1), particulars of the disclosure shall be recorded by the Board.

(6) A person who fails to comply with subsection (1) or, when purporting to comply with that subsection, gives particulars which are false or which, to his or her knowledge, are misleading in a material respect, shall be guilty of an offence.

18 Disclosure of confidential information.

18.—(1) A person who discloses confidential information obtained by the person in his or her capacity as Chairperson or other member of the Board, secretary of the Board or consultant, adviser or investigator engaged by the Board, unless the person is authorised by the Board to do so or as otherwise authorised by law, shall be guilty of an offence.

(2) In subsection (1), but subject to the Freedom of Information Act, 1997, “confidential information” includes information, or information of a particular class or description of information, expressed by the Board to be confidential.

19 Grants to Board.

19.—The Minister may, after consultation with the Board in relation to its likely work programme and expenditure for a financial year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure incurred by the Board in the performance of its functions.