Merchant Shipping (Investigation of Marine Accidents) Act 2025

Merchant Shipping (Investigation of Marine Accidents) Act 2025 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2025 Merchant Shipping (Investigation of Marine Accidents) Act 2025 Merchant Shipping (Investigation of Marine Accidents) Act 2025 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 2 of 2025 MERCHANT SHIPPING (INVESTIGATION OF MARINE ACCIDENTS) ACT 2025 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement 2. Interpretation and application 3. Regulations 4. Expenses of Minister 5. Repeals and revocations PART 2 Marine Accident Investigation Unit 6. Appointed day 7. Marine Accident Investigation Unit 8. Functions of MAIU 9. Appointment of investigators 10. Functions of Chief Investigator 11. Conflicts of interest 12. Removal from marine safety investigation 13. Consultants and advisers 14. MAIU to keep itself informed on certain matters 15. Annual report PART 3 Marine Accidents and Reporting 16. Marine safety investigations 17. Initial notification of marine accidents 18. Comprehensive report of marine accidents 19. Purpose of marine safety investigations 20. Notification of European Commission 21. Mutual assistance 22. Power to conduct marine safety investigations 23. Search warrant 24. Powers of investigators – objects 25. Powers of investigators – directions 26. Powers of investigators – records and other information 27. Preservation of evidence 28. Confidentiality 29. Medical or physical examination 30. Detention of and interference with ships, etc. 31. Re-opening of safety investigation 32. Publication of report 33. Draft report and observations 34. Immunities from claims PART 4 Dissolution of MCIB 35. Dissolution of MCIB 36. Transfer of rights and liabilities 37. Records of MCIB 38. Liability for loss occurring before appointed day 39. Final accounts and final annual report of MCIB 40. Provisions consequent upon conferral of functions 41. MCIB immunity from claim 42. Transitional investigation provisions 43. Admissibility in evidence of documents PART 5 Offshore Service Vessels 44. Definitions 45. Application of Part 46. Offshore service vessel and industrial personnel rules 47. Powers of authorised persons 48. Industrial personnel safety certificate 49. Endorsement, extension, suspension and revocation of certificates 50. Detention of offshore service vessels 51. Penalties 52. Consequential and miscellaneous amendments Acts Referred to Data Protection Acts 1988 to 2018 Freedom of Information Act 2014 (No. 30) Maritime Safety Act 2005 (No. 11) Mercantile Marine Act 1955 (No. 29) Merchant Shipping (Investigation of Marine Casualties) Act 2000 (No. 14) Merchant Shipping (Safety Convention) Act 1952 (No. 29) Merchant Shipping Act 1894 (57 & 58 Vict., c.60) Merchant Shipping Act 1966 (No. 20) Merchant Shipping Act 1992 (No. 2) Merchant Shipping Act 2010 (No. 14) Merchant Shipping Acts 1894 to 2022 Number 2 of 2025 MERCHANT SHIPPING (INVESTIGATION OF MARINE ACCIDENTS) ACT 2025 An Act to provide for the dissolution of the Marine Casualty Investigation Board and for its replacement with a unit within the Department of Transport to be known as the Marine Accident Investigation Unit; to provide for the investigation and reporting of marine accidents; to repeal the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ; to provide for the regulation of offshore service vessels; for those and other purposes to amend the Merchant Shipping (Safety Convention) Act 1952 , the Merchant Shipping Act 1992 and the Merchant Shipping Act 2010 ; and to provide for related matters. [14th April, 2025] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation, construction and commencement 1. (1) This Act may be cited as the Merchant Shipping (Investigation of Marine Accidents) Act 2025. (2) The Merchant Shipping Acts 1894 to 2022 and this Act may be cited together as the Merchant Shipping Acts 1894 to 2025 and shall be construed together as one. (3) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions. Interpretation and application 2. (1) In this Act— “Act of 2000” means the Merchant Shipping (Investigation of Marine Casualties) Act 2000 ; “appointed day” means the day appointed under section 6 ; “Chief Investigator” means the person appointed under section 9 (3)(a); “conflicts of interest policy” has the meaning given to it in section 11 (1); “designated person” means a person designated pursuant to section 11 (4); “Directive” means Directive 2009/18/EC of the European Parliament and of the Council of 23 April 20091 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council; “EMCIP” means European Marine Casualty Information Platform; “EMSA” means European Maritime Safety Agency; “IMO” means International Maritime Organization; “investigator” means a person appointed under section 9 (3)(b) and, unless the context otherwise requires, includes the Chief Investigator; “investigator-in-charge” means an investigator who is responsible for the organisation, conduct and control of a marine safety investigation; “Irish Coast Guard” means that part of the Department of Transport that is commonly known by that name; “Irish ship” means a ship, other than a ship of war, known as such under section 9 of the Mercantile Marine Act 1955 ; “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; “MAIU” means the Marine Accident Investigation Unit; “marine accident” means a marine casualty or a marine incident; “Marine Accident Investigation Unit” has the meaning it is given in section 7 ; “marine casualty” means an event, or a sequence of events, that has resulted in any of the following, which has occurred directly in connection with the operations of a ship: (a) the death of, or serious injury to, a person; (b) the loss of a person from a ship; (c) the loss, presumed loss or abandonment of a ship; (d) material damage to a ship; (e) the stranding or disabling of a ship, or the involvement of a ship in a collision; (f) material damage to marine infrastructure external to a ship that could seriously endanger the safety of the ship, another ship or an individual; (g) severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage of a ship or ships, but does not include a deliberate act or omission done with the intention to cause harm to the safety of a ship, an individual or the environment; “marine incident” means an event, or a sequence of events, other than a marine casualty, which has occurred directly in connection with the operations of a ship that endangered, or, if not corrected, would endanger the safety of the ship, its occupants or any other person or the environment, but does not include a deliberate act or omission done with the intention to cause harm to the safety of a ship, an individual or the environment; “marine safety investigation” means an investigation into a marine accident, conducted with the objective of preventing marine casualties and marine incidents in the future and includes the collection of and analysis of evidence, the identification of causal factors and the making of safety recommendations as necessary; “Marine Survey Office” means that part of the Department of Transport that is commonly known by that name; “MCIB” means the Marine Casualty Investigation Board established by section 7 of the Act of 2000; “Member State” means a state, other than the State, that is a Member State of the European Union; “Minister” means Minister for Transport; “personal watercraft” means a ship (other than a recreational craft) of less than 7 metres in length overall which uses an internal combustion engine having a water jet pump as its primary source of propulsion, and which is designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull; “preliminary assessment”, in relation to a marine accident, means the carrying out of an initial assessment of the marine accident in order to determine whether a marine safety investigation is warranted; “prescribed” means prescribed by regulations made by the Minister under this Act; “recreational craft” means a ship not engaged for the purposes of trade and intended for sports and leisure purposes, but does not include a personal watercraft or a small fast powered craft; “Regulations of 2011” means the European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011 ( S.I. No. 276 of 2011 ); “safety recommendation” means any proposal made, including for the purposes of registration and control, by the MAIU after having carried out a marine safety investigation on the basis of information derived from that investigation; “ship” means a vessel or craft, other than a seaplane, which is capable of being used, or intended to be used, for navigation or transportation on water; “small fast powered craft” means a ship (other than a recreational craft) of less than 7 metres in length overall with a total propulsion engine power of equal to or greater than 150 kW; “vehicle” means any conveyance in or by which any person or thing, or both, is or are, as the case may be, transported, which is designed for use on land, in water or in the air, or in more than one of those ways, and includes— (a) a part of a vehicle, (b) an article designed as a vehicle but not capable of functioning as a vehicle, and (c) any container, trailer, tank or any other thing which is or may be used for the storage of goods in the course of carriage and is designed or constructed to be placed on, in, or attached to, any vehicle; “very serious marine casualty” means a marine casualty involving the total loss of a ship, the death of a person, or severe damage to the environment. (2) Parts 1 to 3 apply to marine accidents involving— (a) a ship in Irish waters, (b) an Irish ship, in waters anywhere, or (c) a substantial interest of the State, irrespective of the location of the marine accident and of the flag of the ship or ships involved. (3) Parts 1 to 3 shall not apply to marine accidents involving only ships of the Naval Service of the Defence Forces. (4) A word or expression used in Parts 1 to 3 that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive. Regulations 3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Regulations made under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every order, other than an order under section 1 (3) or 6, regulation or rule 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, regulation or rule is passed by either such House within the next 21 days on which that House has sat after the order, regulation or rule is laid before it, the order, regulation or rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses of Minister 4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of monies provided by the Oireachtas. Repeals and revocations 5. Subject to Part 4— (a) the Act of 2000 is repealed on the appointed day, and (b) the Regulations of 2011 are revoked on the appointed day. PART 2 Marine Accident Investigation Unit Appointed day 6. The Minister shall, by order, appoint a day to be the appointed day for the purposes of this Act. Marine Accident Investigation Unit 7. (1) There shall be a unit within the Department of Transport which shall be known as the Marine Accident Investigation Unit (in this Act referred to as the “MAIU”) to perform the functions assigned to it under this Act or any other enactment. (2) The MAIU shall come into being on the appointed day. (3) The MAIU shall be independent, in its organisation and in the performance of its functions under section 8 , of any person or body whose interests could conflict with its functions. (4) The MAIU is designated as the marine safety investigation authority for the purposes of Article 8 of the Directive. (5) The MAIU shall be given the means necessary for it to perform its functions under this Act. Functions of MAIU 8. The functions of the MAIU shall be— (a) subject to section 16 , to conduct marine safety investigations in respect of very serious marine casualties and, where it considers it warranted after the carrying out of a preliminary assessment, other marine accidents, (b) to carry out preliminary assessments of marine accidents, (c) to establish the cause of a marine accident that it investigates, (d) to make safety recommendations, (e) to prepare and publish annual and other reports on each marine safety investigation it carries out, in accordance with sections 15 and 32, (f) to engage with stakeholders for the purposes of assisting the MAIU with a marine safety investigation, (g) to gather and analyse data relating to maritime safety, in particular for the purposes of the prevention of marine accidents, in so far as these activities do not affect its independence or entail responsibility in regulatory, administration or standardisation matters, and (h) to promote maritime safety. Appointment of investigators 9. (1) The MAIU shall be staffed with investigators who possess the requisite independence, qualifications and experience, who shall perform the functions of the MAIU. (2) The MAIU shall be led by an investigator known as the Chief Investigator. (3) The Public Appointments Service shall recommend to the Minister after competitions held by the Public Appointments Service for that purpose— (a) a person for appointment by the Minister to the role of Chief Investigator, and (b) persons for appointment by the Minister to the role of investigators. (4) An investigator shall be furnished with a warrant of the investigator’s appointment and, when performing a function of the MAIU under this Act the investigator shall, if so required by any person affected, produce the warrant or copy of it to that person. Functions of Chief Investigator 10. (1) The Chief Investigator shall— (a) carry on and manage, and control generally, the administration and business of the MAIU, (b) be the investigator-in-charge in respect of marine safety investigations or, where he or she considers it appropriate to do so, appoint another investigator as investigator-in-charge in relation to a particular marine safety investigation, (c) provide the Minister with information (including financial information) relating to the performance by the Chief Investigator and the MAIU of their respective functions, (d) manage the application of the policy published by the Minister pursuant to section 11 (1), and (e) manage the compliance of the MAIU with the independence requirements of Article 8 of the Directive and this Act. (2) The Chief Investigator shall, having regard to section 7 (5), make recommendations to the Minister, with respect to the level of staffing of the MAIU as the Chief Investigator considers necessary for the performance of the functions of the MAIU. (3) The Chief Investigator shall not receive instruction from any officer of the Minister whose decision-making relates to any of the following: (a) seaworthiness of ships; (b) certification of compliance of ships or seafarers with maritime safety regulations; (c) inspection of ships or ship operations to determine compliance with maritime safety regulations; (d) manning of ships; (e) safe navigation on water; (f) construction, maintenance and repair of ships; (g) vessel traffic and routing; (h) port State control; (i) flag state implementation; (j) operation of seaports and harbours. (4) The Chief Investigator may delegate the performance of any of his or her functions under subsection (1) to another investigator. Conflicts of interest 11. (1) The Minister shall, within 6 months of the commencement of this section and thereafter where a decision to revise has been made under subsection (10)(b) or section 13 (5), in consultation with the Chief Investigator, the designated person referred to in subsection (4) and any other person that the Minister considers appropriate, prepare and publish a policy (in this Act referred to as the ‘conflicts of interest policy’). (2) The purpose of the conflicts of interest policy shall be to ensure the independence of the MAIU and the independence and impartiality of investigators. (3) The conflicts of interest policy shall include processes and procedures in relation to— (a) the identification of conflicts of interest and potential conflicts of interest, (b) the stages at which conflicts of interest or potential conflicts of interest may arise, (c) the identification of persons in relation to whom conflicts of interest or potential conflicts of interest may arise, (d) the identification of persons who should be consulted in relation to the conflicts of interest policy, and (e) processes for the disclosure of conflicts of interest. (4) The Minister shall, before the appointed day and, subject to subsection (6), as the need arises thereafter, designate one of his or her officers (in this Act referred to as the “designated person”), being an officer who does not perform any functions that could conflict with the functions of the MAIU, to be a designated person for the purposes of this Part. (5) The functions of the designated person shall be the following: (a) to manage conflicts of interest that may arise in the MAIU; (b) to advise the Minister in relation to the operation of the conflicts of interest policy and, where from time to time it becomes advisable to review the policy, of this fact and of the reasons for it; (c) to manage matters relating to confidentiality that may arise in the MAIU. (6) The designated person shall remain in his or her role until he or she dies, retires, resigns or comes to a mutual agreement with the Minister to no longer continue in that capacity and, in that event, the Minister shall designate another person under subsection (4). (7) An investigator shall not be an employee or board member of any company or body that carries on activities that could conflict with the functions of the MAIU. (8) Where an investigator, not being the Chief Investigator, believes that performing any of his or her functions in respect of a particular marine safety investigation would— (a) potentially create a conflict of interest, the investigator shall recuse himself or herself from involvement in the investigation in question and shall notify the designated person and the Chief Investigator of the recusal, or (b) reasonably give rise to the perception of a conflict of interest, the investigator shall notify the Chief Investigator and shall, where the Chief Investigator is of the view that it is the appropriate course of action, recuse himself or herself from the investigation in question. (9) Where the Chief Investigator believes that— (a) performing any of his or her functions in respect of a marine safety investigation would potentially create a conflict of interest or give rise to the perception of any conflict of interest, or (b) an issue has arisen that may compromise the independence of the MAIU, he or she shall disclose this view to the designated person and where the circumstances referred to in paragraph (a) arise, shall recuse himself or herself from the investigation in question and the designated person may, where the Chief Investigator is the investigator-in-charge of the investigation, appoint another investigator to be the investigator-in-charge. (10) Where the designated person receives a notification under subsection (8)(a) or a disclosure under subsection (9), he or she shall— (a) in the case of a disclosure under subsection (9), notify the unit within the Department of Transport that is responsible for human resources, which may carry out an enquiry as to whether there has been a breach of the conflicts of interest policy, and (b) in either case form a view as to whether or not there should be a review of the conflicts of interest policy and, if he or she is of the view that a review is required, inform the Minister and the Chief Investigator of that view and of the reasons for it and the Minister shall decide whether to revise the conflicts of interest policy and subsection (1) shall apply to any such revision. Removal from marine safety investigation 12. Where, following an enquiry under section 11 (10)(a), the unit within the Department of Transport that is responsible for human resources determines that an investigator has breached the conflicts of interest policy— (a) the investigator concerned shall cease to be involved in the marine safety investigation in relation to which it has been determined that there has been such a breach and, where the designated person and, unless the investigator concerned is the Chief Investigator, the Chief Investigator is of the view, given the nature of the breach, that it would not be appropriate for the investigator to continue in his or her role in other investigations, he or she may be removed from those investigations also, and (b) the investigator may, depending on the nature of the breach, be subject to disciplinary procedures. Consultants and advisers 13. (1) For the purposes of the performance of the functions of the MAIU and on the recommendation of the Chief Investigator, the Minister may engage such consultants and advisers as the Chief Investigator considers necessary for the purpose of conducting a marine safety investigation. (2) Prior to the engagement of any consultant or adviser, the Chief Investigator shall satisfy himself or herself that the engagement is in accordance with the conflicts of interest policy. (3) A consultant or adviser shall, when requested to do so by the Chief Investigator for the purposes of this section, disclose any matters that may give rise to a potential conflict of interest. (4) Where, in the course of a marine safety investigation, the Chief Investigator is informed of or has reasonable grounds to suspect a conflict of interest on the part of a consultant or adviser who has been engaged under subsection (1), he or she may arrange for the termination of the agreement under which the consultant or adviser was engaged and, where the agreement is terminated, shall notify the designated person of the termination of the agreement and the reasons for it. (5) The designated person, on receiving a notification under subsection (4), shall form a view as to whether or not there should be a review of the conflicts of interest policy and, if he or she is of the view that a review is required, inform the Minister and the Chief Investigator of that view and the Minister shall decide whether to revise the conflicts of interest policy and section 10 (1) shall apply to any such revision. MAIU to keep itself informed on certain matters 14. (1) Where a public authority has a function that has or may have a bearing on matters with which the MAIU is concerned, the MAIU shall keep itself informed of the policies, objectives, resolutions and guidelines relating to that function. (2) In this section, “public authority” means the Minister, the European Commission, the EMSA, the IMO, the International Labour Organization and any other authority inside or outside the State which, in the opinion of the Chief Investigator, has functions that have, or may have, a bearing on matters with which the MAIU is concerned. Annual report 15. (1) As soon as practicable, but not later than 6 months after the end of each financial year, the MAIU shall— (a) report to the Minister in writing on its activities in that year, including how the independence requirements referred to in section 10 (1)(e) have been met, and the Minister shall cause copies of the report (in this section referred to as the “annual report”) to be laid before each House of the Oireachtas, and (b) publish a copy of the annual report on its website. (2) The financial year of the MAIU shall be the period of 12 months ending on the 31st day of December in any year, except in the period immediately following the MAIU’s coming into being, in which case the financial year shall be the period from the appointed day to the 31st day of December in the following year. (3) 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. PART 3 Marine Accidents and Reporting Marine safety investigations 16. (1) Other than in the circumstances referred to in subsection (2), where it becomes aware of a marine accident having occurred or commenced, the MAIU shall carry out a preliminary assessment of the marine accident in order to determine whether a marine safety investigation is warranted, taking into account the seriousness of the marine accident, the type of ship or cargo involved and the potential for the findings of the marine safety investigation to lead to the prevention of future marine accidents. (2) Subject to subsection (3), the MAIU shall conduct a marine safety investigation in the case of a very serious marine casualty. (3) The MAIU is not obliged to conduct a marine safety investigation in the case of a very serious marine casualty involving only— (a) ships operated by the State and used only on government non-commercial service, (b) unless they are crewed and carrying more than 12 passengers for commercial purposes, ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts and pleasure craft not engaged in trade, (c) inland waterway vessels operating in inland waterways, (d) fishing vessels with a length of less than 15 metres, or (e) fixed offshore drilling units, and in these circumstances subsection (1) shall apply accordingly. (4) A marine safety investigation shall be commenced by the MAIU as promptly as is practical after the marine accident occurs or commences and in any event no later than 2 months after its occurrence. (5) Where, in the case of a marine casualty, the MAIU decides not to conduct a marine safety investigation, it shall record its decision and, in the case of a ship to which the Directive applies by virtue of not being excluded under Article 2(2) of the Directive, notify the EU Commission in accordance with Article 17(3) of the Directive. Initial notification of marine accidents 17. (1) Subject to subsection (5), the following persons shall, immediately on becoming aware of a marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident: (a) the master of the ship or, if the master has not survived, the most senior surviving officer; (b) the owner of the ship, unless he or she is satisfied that the accident has already been reported by a person referred to in paragraph (a). (2) In addition to any notification made under subsection (1), the following persons or entities shall, unless the circumstances are such that in his or her or its reasonable opinion it is unnecessary to do so, immediately on becoming aware of the marine accident having occurred or commenced, or as soon as practicable thereafter, notify the MAIU of the occurrence or commencement of the marine accident: (a) in the case of a marine accident within or adjacent to the limits of any harbour, the harbour authority for that harbour; (b) in the case of a marine accident on any inland waterway in the State, the person, authority or body having responsibility for that waterway; (c) in the case of a marine accident within Irish waters, the Irish Coast Guard; (d) in the case of a marine accident involving an Irish ship or a substantial interest of the State, irrespective of the location of the marine accident and of the flag of the ship or ships involved, the Marine Survey Office. (3) There shall be included in a notification under subsection (1) such relevant information as is known to the person making the notification, including the name and description of the ship, its position, the number of persons on board, if any, and as accurate a summary as possible of the marine accident. (4) A person required by subsection (1) to make a notification who, without reasonable excuse, fails to do so commits an offence and is liable— (a) on summary conviction to a class C fine, and (b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 5 years, or to both. (5) Subsection (1) shall not apply where the marine accident involves only a personal watercraft, recreational craft or small fast powered craft. Comprehensive report of marine accidents 18. (1) Every owner, charterer, master, skipper, person in charge, ship’s agent, ship’s manager and ship’s husband of a ship involved in a marine accident, along with any other person whom the MAIU considers may have knowledge of the marine accident, shall, where requested to do so by the MAIU, make a comprehensive written and signed report to the MAIU, which shall include all relevant details of the marine accident that are known to the person making the report, and shall provide such additional relevant information known to the person as may be requested by the MAIU. (2) In this section, “relevant details” includes— (a) the name and description of the ship or ships involved in the marine accident and its or their IMO number, where applicable, (b) if the ship is registered, the name of the flag state, (c) subject to suitable and specific measures to protect the data, the names of the owner, charterer, master, skipper, person in charge, ship’s agent and ship’s husband and, in the case of a very serious marine casualty, the names of all persons killed, lost or seriously injured as a result of or arising out of the very serious marine casualty, (d) the date and local time of the marine accident, (e) the last point of departure and next point of intended landing of the ship, (f) the position of the ship when the marine accident commenced or occurred, (g) the number of passengers and crew, if any, on board the ship when the marine accident commenced or occurred and, where practicable, the names and addresses of the passengers and crew, and (h) any known details relevant to the marine accident. Purpose of marine safety investigations 19. (1) It shall not be the purpose of a marine safety investigation to attribute blame or fault. (2) Notwithstanding subsection (1), the MAIU shall report fully on the causes of a marine accident regardless of whether fault or liability may be inferred from the findings. Notification of European Commission 20. (1) The MAIU shall, at any stage of a marine safety investigation and where it is of the opinion that urgent action is needed by the European Union in order to prevent the risk of new casualties, inform the European Commission that an early alert is required. (2) The MAIU shall, with respect to marine casualties and marine incidents to which the Directive applies by virtue of not being excluded under Article 2(2) of the Directive— (a) in accordance with the format in Annex II to the Directive, notify the European Commission, and (b) in accordance with the EMCIP database scheme, provide the European Commission with data resulting from a marine safety investigation. Mutual assistance 21. (1) In the case of a marine safety investigation conducted by it to which the Directive applies by virtue of not being excluded under Article 2(2) of the Directive, the MAIU shall, where the marine accident the subject of the investigation impacts on one or more Member States— (a) cooperate with and provide assistance to the marine safety investigation authorities of other Member States with respect to their marine safety investigations, (b) agree with another Member State as to which Member State has the task of leading a marine safety investigation in accordance with Article 7 of the Directive, (c) delegate, on a case-by-case basis by mutual agreement, to another Member State the task of leading a marine safety investigation or specific tasks for the conduct of such an investigation, (d) coordinate its activities with marine safety investigation authorities of other Member States to achieve the objectives of the Directive, (e) cooperate, to the maximum extent possible, with substantially interested third countries in the marine safety investigation, (f) cooperate in a marine safety investigation conducted by a substantially interested third country, in accordance with Articles 7 and 12 of the Directive, and (g) cooperate with the EMSA. (2) The MAIU shall not conduct a parallel marine safety investigation into the same marine accident except in exceptional cases. (3) Where the MAIU conducts a parallel marine safety investigation, it shall notify the European Commission of the reasons for doing so and it shall exchange pertinent information with the marine safety investigation authority of the other Member State in order to reach, as far as possible, shared conclusions. (4) Where the MAIU is involved in a marine safety investigation involving two or more Member States, the respective activities of the MAIU shall be free of charge to the other Member States. (5) Where the MAIU requires assistance from a marine safety investigation authority of another Member State that is not involved in the marine safety investigation, the MAIU shall reimburse such costs incurred by the other authority in providing such assistance as may be agreed with that authority. (6) Where a ro-ro ferry or a high-speed passenger craft is involved in a marine accident occurring— (a) in territorial waters of the State, or (b) other than in territorial waters of the State, where the State is the last Member State visited by that ferry or craft, the MAIU shall launch the marine safety investigation procedure. (7) Where subsection (6) applies, the State shall remain responsible for the marine safety investigation and coordination with other substantially interested Member States until it is mutually agreed which of them is to be the lead investigating State. Power to conduct marine safety investigations 22. (1) Subject to subsection (2), an investigator may, by the use of reasonable force if necessary, enter any place or premises or vehicle for the purpose of conducting a marine safety investigation or carrying out a preliminary assessment. (2) An investigator may search any place or premises or vehicle he or she may enter for the purpose of his or her functions under this Act and take possession of and remove any object, document, books or records (including electronic records), which he or she believes on reasonable grounds to be relevant to the conduct of the marine safety investigation or preliminary assessment that is found in the course of the search. Search warrant 23. (1) An investigator shall not, except with the consent of the occupier, enter a private dwelling (other than a part of a private dwelling used as a place of work) unless the investigator has obtained a warrant from a judge of the District Court. (2) Where an investigator, in the exercise of the investigator’s powers under section 22 , is prevented from entering any place or premises, whether or not a private dwelling, or vehicle, where he or she believes that there are objects, documents, books or records relevant to the marine safety investigation or preliminary assessment, the investigator may apply to a judge of the District Court for a warrant under this section authorising the entry by the investigator into the place, premises or vehicle. (3) Without prejudice to the powers conferred on an investigator by or under any provision of this Act, an investigator may, for the purposes of conducting a marine safety investigation or carrying out a preliminary assessment, apply to a judge of the District Court for a warrant authorising entry in relation to any place. (4) Where, on the hearing of an application under subsection (2) or (3), a judge of the District Court is satisfied on sworn information of the investigator that he or she— (a) has been prevented from entering any place that is not a private dwelling, (b) has reasonable grounds for believing that relevant records are kept at a place that comprise, or form part of, a private dwelling, or (c) has reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this Act is to be found in any place, that judge may issue a warrant authorising one or more investigators, accompanied, if the judge considers it appropriate to so provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of issue of the warrant, to enter, if need be by force, the place or private dwelling and exercise any of the powers referred to in section 22 . Powers of investigators – objects 24. (1) Where possession of an object, including electronic records, is taken by an investigator under section 22 (2), the investigator— (a) may, subject to paragraph (b), cause such tests, including tests to destruction, to be conducted on the object as are necessary for the purposes of the marine safety investigation or preliminary assessment, (b) shall to the extent that it is practical and safe to do so and does not unreasonably impede the progress of the marine safety investigation or preliminary assessment— (i) take all reasonable measures to invite the owner of the object, and any person who appears on reasonable grounds to be entitled to possession of the object, to be present at the conduct of any tests referred to in paragraph (a), and (ii) allow persons referred to in subparagraph (i) to be present at the conduct of those tests, and (c) subject to the requirements of these tests, shall cause the object to be preserved pending its return to that owner or person, or to the person from whom possession was taken, as soon as possible after it has served the purpose for which possession of the object was taken. (2) An investigator may take any measurements, copies, photographs or recordings that the investigator considers necessary for the purposes of a marine safety investigation or preliminary assessment. (3) An investigator, where necessary to ensure that a detailed examination can be made without delay, shall have access to any ship wreckage and the place where it is located, and control over the wreckage and place. Powers of investigators – directions 25. (1) An investigator may give to any person in, or in the vicinity of, a ship or the wreckage of a ship, involved in a marine accident, or any site or object the investigator considers, on reasonable grounds, might be relevant to a marine safety investigation or preliminary assessment, such directions to prevent or regulate the access by the person to the ship, wreckage, site or object, for such period as the investigator considers necessary to enable the marine safety investigation to be conducted or preliminary assessment to be carried out. (2) A direction under subsection (1) may be given orally or in writing, or generally to all persons by a written notice affixed on or in such a way in the vicinity of the ship, wreckage of a ship, site or object so as to be clearly visible to the public or persons to whom it is addressed, or by any other means the investigator considers necessary to inform the public generally. (3) A person who fails to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a class A fine. Powers of investigators – records and other information 26. (1) For the purposes of conducting a marine safety investigation or carrying out a preliminary assessment, an investigator may, subject to suitable and specific measures to protect the data— (a) require any person specified in section 27 (1) or any person found in a place that is being searched to produce to the investigator information, documentation, books or records and where such information, documentation, books or records are kept in non-legible form to reproduce, in a legible form and to give him or her any information as the officer may reasonably require in relation to such information, documentation, books or records, (b) inspect and take copies of, or extracts from, any such information, documentation, books or records, (c) retain such information, documentation, books or records for such periods as he or she considers to be necessary for the purposes of conducting a marine safety investigation, (d) require any such person to provide such assistance as the investigator may reasonably require for the purpose of his or her functions under this Act, and (e) require any such person to answer such questions as the investigator may ask relative to the investigator’s functions under this Act. (2) A person who obstructs or interferes with an investigator of exercising a power under this Act commits an offence and is liable on summary conviction to a class A fine. (3) A person who fails or refuses to comply with a requirement of an investigator pursuant to paragraph (d) or (e) of subsection (1), or in purported compliance with such a requirement gives information or makes a declaration to the investigator that he or she knows to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine. (4) A statement or admission made by a person pursuant to a requirement under paragraph (d) or (e) of subsection (1) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (3)). Preservation of evidence 27. (1) An owner, charterer, master, skipper, person in charge, ship’s agent, ship’s manager or ship’s husband of a ship and any responsible authority shall, in relation to a marine accident, take all reasonable measures to— (a) save all information from charts, log books, electronic and magnetic recordings and video tapes, including information from voyage data recorders and other electronic and digital devices relating to the period preceding, during and after the marine accident, (b) prevent the overwriting or other alteration of such information, (c) prevent interference with any other equipment which might reasonably be considered pertinent to a marine safety investigation or preliminary assessment, and (d) collect and preserve all evidence expeditiously for the purposes of the marine safety investigation or preliminary assessment. (2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class C fine. (3) Any person who interferes with or alters information or equipment pertinent to a marine safety investigation or preliminary assessment or who withholds such information or equipment commits an offence and is liable— (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or to both, or (b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 2 years, or to both. Confidentiality 28. (1) In the course of performing his or her functions under this Act, an investigator, unless otherwise authorised by the designated person or required by law, shall ensure that he or she maintains confidentiality in respect of all matters arising in respect of those functions. (2) Officers of the Minister assigned to the MAIU but not in the role of investigator shall ensure that they maintain confidentiality with respect to the work of the MAIU. (3) Officers of the Minister not assigned to the MAIU to whom access to information and documents is granted for the purposes of administrative and information technology functions shall ensure that the confidentiality of documents and other information relating to marine safety investigations is maintained. (4) A person, being a civil servant, who contravenes this section shall be subject to disciplinary procedures. (5) A consultant or adviser who has been engaged by the Minister pursuant to section 13 , or any person acting on behalf of or employed by such consultant or adviser, shall ensure that the confidentiality of documents, objects and other information shared with him or her is maintained. (6) Where, in the course of a marine safety investigation, the Chief Investigator is informed of or has reasonable grounds to suspect that a consultant or adviser has not maintained confidentiality in accordance with subsection (5), he or she may arrange for the termination of the agreement under which the consultant or adviser was engaged and, where the agreement is terminated, shall notify the designated person of the termination of the agreement and the reasons for it. (7) Nothing in this section shall operate to prevent the disclosure of information to an investigator. (8) In this section, and without prejudice to Data Protection Acts 1988 to 2018— (a) the maintenance of confidentiality means that a person who has that obligation under this section shall not, without the specific authorisation of the Chief Investigator or the designated person, as appropriate, disclose to another person (other than to members of staff in the Department of Transport working in units in that Department which are responsible for human resources or information technology) information that relates to a marine safety investigation or a preliminary assessment, and (b) “confidential information” means the following: (i) all witness evidence and other statements, accounts and notes taken or received by the MAIU in the course of a marine safety investigation; (ii) records revealing the identity of persons who have given evidence in the course of a marine safety investigation; (iii) information relating to persons involved in a marine accident that is of a particularly sensitive and private nature, including information concerning the health of such persons; (iv) subject to the Freedom of Information Act 2014 , information that is expressed by the MAIU to be confidential either as regards particular information or as regards information of a particular class or description. Medical or physical examination 29. (1) Where an investigator believes on reasonable grounds that a physical or medical examination of a person who is directly or indirectly involved in the operation of any ship is necessary for the purpose of a marine safety investigation or a preliminary assessment, the investigator may, by notice in writing signed by the investigator, require either or both of the following: (a) the person, within such time (not exceeding 12 hours of the issue of the notice in the case of an examination or test for the presence or level, if any, of intoxicants in the person’s blood or urine), and at such place, as is specified in the notice, to submit to a physical or medical examination or to give samples of blood or urine, or both, for analysis or testing, or (b) a medical practitioner or other person examining or who has examined a person involved in the operation of a ship or who has analysed or tested samples referred to in paragraph (a), whether at the request of the investigator or otherwise, to provide to the investigator a report on the results of any such examination, analysis or test. (2) A medical practitioner may refuse to carry out an examination under subsection (1)(a) on medical grounds. (3) Subject to subsection (2), a person who, without reasonable excuse, fails to comply with a notice under subsection (1) commits an offence and is liable on summary conviction to a class D fine. (4) In this section, “intoxicants” includes alcohol and drugs and any combination of drugs or of drugs and alcohol. Detention of and interference with ships, etc. 30. (1) An investigator may detain a ship involved in a marine accident for such period as he or she thinks necessary for the purpose of conducting a marine safety investigation or carrying out a preliminary assessment and may give to any person on or apparently in charge of the ship such directions as the investigator thinks necessary to effect that detention. (2) An investigator may, by notice in writing to a member of the crew of a ship involved in a marine accident, require that person to stay in the vicinity, and for a period not exceeding 24 hours, specified in the notice, where in the investigator’s opinion the presence of the person is necessary for the purpose of conducting a marine safety investigation or carrying out a preliminary assessment. (3) A requirement under subsection (2) may be subject to such conditions as the investigator thinks fit and specifies in the notice. (4) A person who, without reasonable excuse, refuses or fails to comply with— (a) a direction under subsection (1), or (b) a requirement under subsection (2), commits an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or to both. (5) The Chief Investigator may apply to the District Court for an order prohibiting the interference by any person with a ship, including a wrecked or sunken ship, for such period as is necessary for the purpose of conducting a marine safety investigation or carrying out a preliminary assessment, and the Court may order accordingly. Re-opening of safety investigation 31. (1) The MAIU may re-open a completed marine safety investigation, including an investigation completed by the MCIB under the Act of 2000 or the Regulations of 2011, if satisfied there is new evidence available which could materially alter the findings of that investigation and the objective of preventing marine casualties and marine incidents in the future would be served by re-opening it. (2) The provisions of this Act shall apply to a re-opened investigation referred to in subsection (1) in the same way as they apply to a marine safety investigation. Publication of report 32. (1) Subject to subsection (2) and section 33 , the MAIU shall prepare and publish a report of a marine safety investigation in respect of a marine accident in accordance with Annex I to the Directive. (2) In respect of marine accidents to which the Directive does not apply by virtue of being excluded under Article 2(2) of the Directive, a report of a marine safety investigation shall be published in such form as the MAIU considers appropriate. (3) The MAIU shall endeavour to publish a report under this section not later than 12 months after the date of the marine accident to which the report relates. (4) Where it appears to the MAIU that it would not be possible or appropriate to publish a report within the period referred to in subsection (3) it shall, within that period, give to the Minister its reasons as to why the report cannot be so published and indicate the period within which it shall be published. (5) Where subsection (4) applies, the MAIU shall publish, within the period referred to in subsection (3), an interim report. (6) A report of a marine safety investigation shall record all relevant findings, including the cause of the marine accident, where this has been established, and any recommendations of the MAIU. (7) A report of a marine safety investigation shall not be admissible as evidence in civil or criminal proceedings. Draft report and observations 33. (1) Before publishing a report of a marine safety investigation, the MAIU shall send a draft of it or parts of it to any person who, in its opinion, is likely to be adversely affected by the publication or, if that person be deceased, such person as appears to the MAIU to best represent that person’s interest. (2) Subject to subsection (3), a person in receipt of a draft report under subsection (1) may, within a period of 28 days commencing on the date on which the draft is sent to the person, or such further period, not exceeding 28 days, as the MAIU in its absolute discretion sees fit, submit to the MAIU his or her observations in writing on the draft. (3) A person in receipt of a draft report under subsection (1) may apply to the MAIU for an extension of the period referred to in subsection (2), not exceeding 3 days, in which to send his or her observations. (4) Observations submitted in accordance with this section shall be included in an appendix to the report, unless the person concerned, when submitting them, requests in writing that the observations not be published. (5) The MAIU shall 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. (6) A person in receipt of a draft report under subsection (1) shall not publish or publicise, or cause to have published or publicised, the draft report or its contents, except with the prior consent in writing of the MAIU. (7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months, or to both. Immunities from claims 34. (1) The Minister, as well as any consultant and adviser engaged under section 13 , shall be immune from all claims for damages arising from the conduct of a marine safety investigation and the publication of the report, or interim report, of such investigation, where they act in good faith. (2) In subsection (1), “report” includes a draft report referred to in section 33 and any observations made under section 33 . PART 4 Dissolution of MCIB Dissolution of MCIB 35. The MCIB shall stand dissolved on and from the appointed day. Transfer of rights and liabilities 36. (1) All rights and liabilities of the MCIB subsisting immediately before the appointed day and arising by virtue of any contract or commitment (expressed or implied) shall, on that day, stand transferred to the Minister. (2) Every right and liability transferred by subsection (1) to the Minister may, on and after the appointed day, be sued on, recovered or enforced by or against him or her in his or her own name, and it shall not be necessary for the Minister or the MCIB to give notice to any person of the transfer of any such right or liability. Records of MCIB 37. Each record held immediately before the appointed day by the MCIB shall, on that day, stand transferred to the Minister and shall, on and after that day, be the property of the Minister and be regarded as being held by the Minister. Liability for loss occurring before appointed day 38. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the appointed day, of a function of the MCIB shall, on and after that day, lie against the Minister and not against the MCIB. (2) Any legal proceedings pending immediately before the appointed day, to which the MCIB is a party, shall be continued on and after that day, with the substitution in the proceedings of the Minister for the MCIB. (3) Where, before the appointed day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the appointed day, in so far as they are enforceable against the MCIB, be enforceable against the Minister and not the MCIB. (4) Any claim made or proper to be made by the MCIB in respect of any loss or injury arising from the act or default of any person before the appointed day shall, on and after that day, be regarded as having been made by or proper to be made by the Minister and may be pursued and sued for by the Minister as if the loss or injury had been suffered by the Minister. Final accounts and final annual report of MCIB 39. (1) The MAIU shall, in respect of the period specified under subsection (4), prepare the final accounts of the MCIB. (2) The MAIU shall, not later than 6 months following the appointed day, submit the final accounts of the MCIB to the Comptroller and Auditor General for audit and the audited accounts, together with the report of the Comptroller and Auditor General, shall, as soon as practicable thereafter, be presented to the Minister who shall cause copies of the audited accounts, and the report, to be laid before each House of the Oireachtas. (3) The MAIU shall, not later than 6 months following the appointed day, prepare and submit to the Minister the final annual report of the MCIB and the Minister shall, as soon as practicable thereafter, cause a copy of the final report to be laid before each House of the Oireachtas. (4) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the MCIB. Provisions consequent upon conferral of functions 40. (1) Anything commenced and not completed before the appointed day by or under the authority of the MCIB may, in so far as it relates to a function conferred on the MAIU by this Act, be carried on or completed on or after that day by the MAIU. (2) A reference to the MCIB in an …