Railway Safety Act 2005

Chief Investigator and staff of the Investigation Unit.

56.—(1) The Investigation Unit shall have a full-time chief investigator who shall be known and referred to in this Part as the “Chief Investigator” and who will be responsible for directing the work of the Investigation Unit in accordance with this Part.

(2) The Chief Investigator shall be appointed by the Minister following a competition by the Public Appointments Service who have selected him or her for appointment as the Chief Investigator.

(3) The Chief Investigator may be removed from office by the Minister if, in his or her opinion, the Chief Investigator has become incapable through ill-health of effectively performing his or her duties or for stated misbehaviour and the Minister shall cause to be laid before each House of the Oireachtas a statement of the reasons for such removal.

(4) The Chief Investigator may, subject to the consent of the Minister and the Minister for Finance, appoint such and so many persons to be staff of the Investigation Unit as he or she considers necessary to assist him or her in the carrying out of the functions of the Investigation Unit under this Part.

(5) The terms and conditions, including terms and conditions as to remuneration and grading, of persons appointed under subsections (2) and (4) shall be determined by the Minister with the consent of the Minister for Finance.

(6) The Chief Investigator, and at the request of the Chief Investigator other staff if any of the Investigation Unit, shall be appointed by the Commission as an inspector under section 73 for the purposes of carrying out his or her functions.

(7) Notwithstanding subsection (2), where the Chief Investigator is unavailable or unable to perform his or her functions, or where the position of Chief Investigator is vacant, the Minister may engage a person (“temporary chief investigator”) who, in his or her opinion, is suitably qualified to perform the functions of Chief Investigator to perform those functions during such unavailability, inability or vacancy.

(8) A temporary chief investigator shall be appointed as an inspector by the Commission and shall have all the powers of Chief Investigator under this Part.

(9) The cost of engaging a temporary chief investigator shall form part of the expenses of the Commission.