Merchant Shipping (Investigation of Marine Casualties) Act, 2000
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Inquiries into Marine Casualties | ||
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Tribunal of inquiry. |
38.—(1) The Minister may, where he or she considers it necessary and after consultation with the Board, direct that an inquiry be held into a marine casualty. | |
(2) The following provisions shall have effect in relation to an inquiry under this section: | ||
(a) the Minister shall appoint a competent person or persons to hold the inquiry, and may appoint any person possessing legal or special knowledge to act as an assessor to assist in the inquiry; | ||
(b) the tribunal shall hold the inquiry in such manner and under such conditions as it thinks appropriate; | ||
(c) the tribunal shall have for the purposes of the inquiry all the powers of a judge of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an investigator under this Act, and in addition, power— | ||
(i) by summons signed by the tribunal, to require the attendance of such persons as it thinks fit to call before it and examine for the purposes of the inquiry, and to require answers or returns to the inquiries it thinks fit to make; and | ||
(ii) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by the person in his or her examination. | ||
(3) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court, who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses. | ||
(4) The tribunal shall make a report to the Minister stating the causes and circumstances of the subject of the inquiry and adding any observations which it thinks right to make. | ||
(5) The Minister may cause the report of a tribunal under this section to be made public at such time and in such manner as the Minister thinks fit. | ||
(6) The Minister may pay to the person or persons conducting an inquiry under this section such fees and expenses as the Minister may, with the consent of the Minister for Finance, determine. | ||
(7) The Minister may defray the other costs, if any, of an inquiry and report under this section. | ||
(8) The tribunal may, in its absolute discretion, decide whether or not to award costs in connection with an inquiry under this section and where it decides that costs shall be awarded those costs may be awarded in such amounts and in respect of such matters as the tribunal, in its absolute discretion, thinks fit. | ||
(9) The Minister shall give notice of intention to conduct an inquiry under this section by a notice published in Iris Oifigiúil and at least one daily newspaper circulating in the State, setting out the terms of reference of the inquiry. | ||
(10) The Minister may, if it proves necessary for the more effective conduct of inquiries, make regulations under section 3 governing the holding of inquiries. | ||
(11) Without prejudice to the generality of subsection (10), the regulations may relate to the location at which an inquiry may be held, the manner in which facts may be proved at an inquiry, the persons allowed to appear and the notices to be given to persons affected. |