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An Irish international maritime lawyer has called for a Garda inquiry into the State's role in investigating marine accidents writes Lorna Siggins.

Michael Kingston, whose father Tim died in the Whiddy island Betelgeuse explosion 41 years ago, visited Garda headquarters on Wednesday to seek an inquiry into the conduct of marine investigations.

Calling for a “root and branch review” of the Department of Transport’s maritime safety directorate, Mr Kingston was accompanied at his meeting with the Garda’s liaison and protection unit to the national maritime safety committee by Independent TD Mattie McGrath and Anne Marie O’Brien, whose brother John O’Brien and his friend Patrick Esmonde drowned in 2010 off Helvick Head, Co Wexford.

Mr Kingston said he had asked the Garda to investigate what he termed “the failings of the State in investigating maritime accidents, as a matter of urgency in order to save life and to establish the fundamental rights of victims in death and those of their family members in investigations".

Ireland has already been referred to the European Court of Justice for failing to uphold EU law on “impartial” investigations of marine incidents.

The European Commission said in July 2018 that the presence of Ireland’s Department of Transport Secretary-General or nominee, and the Irish Marine Survey Office’s chief surveyor, on the five-person board could represent a conflict to interest.

The Department of Transport said it had not been notified of a complaint lodged with the Gardai and had “no comment in that regard”.

The Department also said it had “no comment” to make in advance of any judgment in relation to “proceedings underway in the European Court of Justice relating to the independence of the MCIB board”

The Garda Press Office said that a meeting was held at Garda headquarters on Wednesday, January 8th, between “members of An Garda Síochána acting on behalf of the Commissioner and Mr Michael Kingston.

“At the meeting Mr. Kingston passed correspondence to the members, the content of which is currently being considered,” it said.

The MCIB says it has not been advised of any complaint.

Mr Kingston, who has worked as a consultant to the International Maritime Organisation, also claims that the State had been alerted to malfunctioning of emergency position indicating radio beacons (EPIRBs) before an incident in which the beacons failed and three brothers lost their lives off the Waterford coast.

Paul (49), Kenny (47) and Shane (44) Bolger from Passage East, Co Waterford drowned when their punt capsized in Tramore Bay in June 2013.

All three brothers had been wearing lifejackets and may have relied on the EPIRB activation with water to alert rescue agencies to their location, but the signals were not picked up.

The year after the incident, the manufacturer issued a product recall for EPIRBs manufactured between January 2005 and February 2008. The Department of Transport subsequently confirmed that in 2010 it had contacted the manufacturer over false alerts and battery failures.

Referring to the Whiddy island explosion which claimed 51 lives in 1979, Mr Kingston said the issues raised by him “are a repeat of history, of our failure to learn lessons, of our failure to have correct structures in place for safety, and of our State failure to take responsibility for wrongdoing”.

He also expressed his sympathies to the families of Willie Whelan and Joe Sinnott, the two fishermen who lost their lives off the Wexford coast at the weekend, and to the family of fisherman Kodie Healy, who died in a fishing incident in Dunmanus Bay, Co Cork, in October 2019.

As the search continued for Mr Whelan, prayers were said for him and for his family at the funeral of Mr Sinnott in Kilmore Quay, Co Wexford on Wednesday.

The MCIB is investigating the sinking of the 11. 7 metre Alize off Hook Head at the weekend, amid concerns how a vessel in good condition could have sunk.

The alarm was raised when the vessel’s EPIRB activated on Saturday night, and Mr Sinnott was taken from the water by the Irish Coast Guard Rescue 117 helicopter but did not survive.

Published in News Update
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In response to Marine Casualty Investigation Board (MCIB) recommendations, the Department of Transport, Tourism and Sport (DTTAS) has issued a Marine Notice to remind masters, owners, users, charterers, skippers and crew of fishing vessels of previous safety advice and requirements.

In addition, the notice informs the sector of several recommendations in relation to smaller vessels that are under consideration for inclusion in the next revision of the Code of Practice for the Design, Construction, Equipment and Operation of Small Fishing of less than 15m in Length overall.

In recent years the MCIB has made several recommendations some of which were incorporated in the most recent revision of the Code of Practice, most notably in relation to a requirement for all such fishing vessels to carry an automatic, float-free Emergency Position-Indicating Radio Beacon (EPIRB) and for all fishers to carry Personal Locator Beacons (PLBs).

Some recommendations required further consideration and additional recommendations have since been made including:

  • Improvement of stability standards (including freeboard and freeing ports in small decked vessels);
  • Consideration of stating a minimum height of rails/bulwarks;
  • A mandatory requirement for fishing vessels to be fitted with smoke/fire detection systems in engine rooms and for fuel and hydraulic oil pipes to be constructed out of fire resistant material;
  • A requirement to carry safety harnesses for each person on board; and
  • Making mandatory the holding of emergency drills for vessels less than 12 metres.

Owners are reminded that the nature and extent of any major repairs or major structural modifications to their vessel must comply with the Code of Practice for the Design, Construction, Equipment and Operation of Small Fishing Vessels of less than 15m Length overall (Section 1.5.4.4)

A reminder of previous relevant Marine Notices pertaining to fishing vessel safety is included in Marine Notice No 49 of 2019, a PDF of which is available to read or download HERE.

Published in Fishing
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The Marine Casualty Investigation Board has confirmed that it is liaising with several flag states over a collision off the Kerry coast last weekend writes Lorna Siggins

One fisherman was injured in the massive impact, which smashed in the bow of the 37m (121 ft) French vessel, Kirrixki when it collided with a 229m (751ft) cargo ship.

The incident occurred shortly after 1 am on Saturday, October 12th, some 37 nautical miles north-west of Valentia island.

Valentia Coast Guard tasked the RNLI Valentia all-weather lifeboat after it was notified of a collision at sea, with no further details at the time.

Fortunately, the smaller vessel was still afloat, but one of nine crew on board had sustained suspected spinal injuries.

The cargo ship was a Chinese bulk carrier named Hua Sheng Hai, en route to Aughinish Alumina in the Shannon estuary from Guinea.

South-west winds were force three to four at the time, with a four-metre swell, and it was considered too risky to attempt a boarding.

A decision was taken to escort the Kirrixki into Dingle harbour, where the injured man was immobilised and transferred to an ambulance.

RNLI Valentia lifeboat spokeswoman Shelly Curran said that the combination of swell and the nature of the injuries was such that it was felt safer to keep the injured man on the fishing vessel.

“We kept in contact with the crew at all times when them in,” Ms Curran explained.

The injured man was taken to University Hospital Kerry by National Ambulance Service personnel for further medical attention.

Valentia lifeboat coxswain Richard Quigley, who was at sea with his volunteer crew for seven hours, said the fishing vessel “made the right decision in calling for help to ensure the casualty received the proper medical treatment”.

The MCIB said this week it is “liaising with French and Hong Kong authorities” in relation to investigating the circumstances,

The Department of Transport said that it understood that the collision occurred outside of Irish waters, and there were no Irish-flagged vessels involved.

It confirmed that the matter “falls to the respective flag states” under international maritime law.

The Kirrixki, which is registered in Bayonne, south-west France, remained in Dingle harbour at the weekend.

Published in MCIB
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New Marine Notices from the Department of Transport, Tourism and Sport (DTTAS) remind skippers and crew of small fishing vessels of the requirements set out in the relevant Code of Practice, following the official maritime reports into two fatal incidents off the West Coast last year.

Marine Notice No 38 of 2019 has been published in response to a fatal fishing boat capsize off Co Mayo in the spring of 2018, as previously reported on Afloat.ie.

One man died and two others were recovered some 16 miles off Eagle Island after their vessel, the FV Aisling Patrick, overturned on the afternoon of 10 April last year.

The report from the Marine Casualty Investigation Board (MCIB) clarifies that their vessel had begun to list to starboard and while that was being investigated, a wave struck from the port side and flooded the deck.

Before the skipper could complete a Mayday call, a second wave came from the port side that capsized the boat.

Only one of the three made it into the vessel’s liferaft, while the deceased “was in the water face down and did not make any attempt to swim or stay afloat”.

The upturned hull of the vessel drifted away but was reported off South Uist in Scotland some three weeks after the incident and later inspected.

While the MCIB report did not determine conclusively the cause of the capsize, it was noted that the vessel’s stability was affected due to water ingress — possibly from suboptimal pipe connections — and that the bilge alarm system did not give early warning to the skipper or crew.

Among other findings, it was noted that none of the three men on board was wearing a personal flotation device (PFD), and that the deceased — who had been returning to fishing after a number of years away — had not completed necessary training.

The Marine Notice reminds owners that any major repairs or modifications must comply with the Code of Practice (CoP), and that their vessel must be maintained and operated in accordance with its requirements.

A second Marine Notice, No 39 of 2019, pertains to the investigation into the sinking of a small boat while laying lobster pots off Connemara on 23 May 2018.

As reported here by Lorna Siggins earlier this month, the MCIB found that the boat’s owner, who died in the incident, had purchased a substantial amount of safety equipment — almost none of which was on board at the time.

The notice refers to the same CoP as well as to the advisory published this summer relating to the safety of small vessels engaged in pot fishing.

Published in Water Safety

An inquiry into the death of an experienced kayaker on a Kerry river last year has found that the lack of communication at the scene delayed call to the emergency services writes Lorna Siggins

Brita Waters (36) from Baldoyle, Dublin, drowned after she became trapped under a log on the Roughty river in Kilgarvan on November 4th, 2018.

The Marine Casualty Investigation Board (MCIB) report says that not all of the requirements of a code of practice for recreational craft were adhered to, including carrying personal locator beacons (PLBs) on remote rivers with grade 3 or “difficult” conditions.

The one mobile phone with the group was in the pocket of Ms Water’s lifejacket.

It says that a lack of any other mobile phone or other means of contact at the scene of the incident resulted in a 37-minute delay in calling the emergency services.

Ms Waters, who lived in Douglas, Cork, but had family connections with Baldoyle in Dublin and Dungarvan, Co Waterford, was a social studies graduate who had worked with Tusla, the child and family agency.

She was a highly experienced member of the Lir Canoe Club and had provided training and safety cover for fellow kayakers on events such as the Liffey Descent.

She had volunteered abroad and at home with Alone, the charity for vulnerable older people, and with Make-A-Wish, which organises events for children and teenagers with life-threatening medical conditions.

The incident occurred when Ms Waters was one of a group of five from her club, navigating the Roughty, a 30km river running via Kilgarvan, Co Kerry, into Kenmare Bay.

The MCIB report confirms that all of the group were adequately trained and experienced, and the group was familiar with the river, which is classed as 3-4 white water grading, suitable for mixed ability groups.

They had inspected the river and were aware of a log obstruction on the route, but had planned to exit before this.

Ms Waters had started to turn into a side channel when her kayak was capsized by an underwater rock. She slipped out and was unable to grab the handles of the kayak or get onto her feet.

“She was washed quickly downriver over the drop obstructed by a large log and was trapped by the water flow under the log. The distance between the point of capsize and the drop was between five and six meters,” the report states.

Had the log not caught the casualty, and the water flow around it pushed her down, she would have arrived safely at the pool below the drop,” the MCIB report states.

The report says all four kayakers tried to pull her free, but the water flow was pushing her down. They tied ropes to try and keep her head above water, and tried to move the log but were unable to do so.

After about 20 minutes, one of the group went up to the road about 200 metres away and called the emergency services with a passer-by’s phone. The Kenmare Fire Brigade was first on the scene, followed by the Garda.

Rescue efforts focused on trying to move the log, which took just over an hour, but it was then found that Ms Waters was being trapped by a second more dangerous log with branches underneath.

Her buoyancy vest was cut away and she was released at 13.55 hours. She was pronounced dead by a doctor attending with the ambulance service after she was brought ashore.

A post mortem concluded death was caused by acute cardio-respiratory failure due to drowning.

The MCIB report says that “kayaking groups making descents on remote rivers of Grade 3 and higher should carry registered PLBs”.

It recommends that the requirements set out in Chapter 7 of the code of practice for recreational craft for canoeing/kayaking “should be highlighted by means of a Marine Notice”.

Published in MCIB
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An investigation into the death of a man in a small boat sinking off Connemara last year has found that he had purchased substantial safety equipment, almost none of which was on board at the time of the fatal incident writes Lorna Siggins

The only safety equipment on board was a life ring of a “non-approved type” which could not float free when the 16.5m open boat began taking in water, according to the Marine Casualty Investigation Board.

The incident involved a 6.5m (21) ft glass-reinforced plastic (GRP) open boat named Béal Sruthán which was laying lobster pots off Craugh island, west of Omey, on May 23rd, 2018.

The boat owner, Vincent Leggett (62) of Coolacloy, Clifden, Co Galway, was using the vessel for the first time since it had been modified and was on his third run of the day to set lobster pots from a pier near Coolacloy..

Weather conditions were good at the time with light variable winds, and the owner was alone, and was not wearing a personal flotation device on the working deck.

The owner had undergone Bord Iascaigh Mhara (BIM) basic safety training in April 2015, and was approved for grants to buy equipment through the BIM fleet safety scheme.

Equipment purchased included a PFD with an inbuilt personal locator beacon, an emergency position indicating radio beacon, a number of flares, smoke signals, first aid kit and fire extinguishers, along with a VHF transceiver and an approved lifebuoy with a 30-metre safety line.

The alarm was raised in the late afternoon of May 23rd, 2018 when Mr Leggett rang a friend by mobile phone to say the vessel was taking in water.  The contact onshore alerted the emergency services but was unable to reach Mr Leggett again by phone.

The  RNLI Clifden lifeboat, and Irish Coast Guard helicopter were  tasked, and the emergency services were on the scene in approximately 25 minutes.

The initial search area was given as the south-west corner of Craugh island west of Omey, but there was nothing to be seen when the RNLI arrived.

The casualty was located lying in the water by the Irish Coast Guard helicopter which directed the RNLI vessel to the location,  north east of where it was. The casualty was not wearing a PFD when recovered from the water, the report states.

The report notes that there was no formal communication to a responsible person onshore as to the time of departure and expected time of return, and the vessel did not make a VHF radio call or operate a locator beacon.  

The report states that the boat was bought second-hand in late 2017 and worked on  over the winter period in preparation for the 2018 season.

One modification undertaken was the removal of the inboard diesel engine that was installed, cropping the transom and mounting a Yamaha 50 hp outboard motor on the transom.

The MCIB report says the boat was not inspected or measured before the incident and was not examined under the State’s code of practice for the design, construction, equipment and operation of small fishing vessels of less than 15 m length overall.

The report states the modifications made to the vessel should only have been carried out in consultation with a naval architect and notes the weight of the inboard engine, located amidships in the cockpit area was transferred to the transom.

The MCIB says it was unclear as to whether the vessel was engaged in commercial or recreational fishing, but should have complied with requirements of the code of practice for either type of vessel. It says the vessel did not have a declaration of compliance or a licence to engage in commercial fishing.

The report recommendations include issuing a marine notice on safety of small fishing vessels engaged in potting operations, and a reminder of the dangers associated with modifying vessels, including changing an engine without proper evaluation.

Published in MCIB
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Shane Ross, the Minister for Transport, Tourism and Sport has published a new National Search and Rescue Plan aimed at placing Ireland at the forefront of international best practice.

The plan also addresses some key lessons arising from tragic accidents involving Search and Rescue services in Ireland over the last three years. The new plan replaces the existing National Maritime SAR Framework dating from 2010. It will be the baseline guide for all Search and Rescue (SAR) organisations in Ireland. It underpins agreed methods of coordinating and conducting all SAR activities in Ireland and provides for a robust governance and oversight regime for SAR into the future.

Minister Ross said: “This review and the resulting National SAR Plan is about significantly improving the manner in which the State provides and oversees Search and Rescue. Ultimately, our objective is to make our SAR service better and safer for all those involved and ensure that we have clear guidelines and practice for those who have vital roles and responsibilities to fulfil.”

The Minister continued: “This new plan takes account of the recommendations arising from a succession of Reports and Reviews in relation to Search and Rescue in Ireland over the last year, including the AAIU’s Interim Statement (March 2018), the AQE Report on a “Review of Oversight of Search and Rescue (SAR) Aviation Operations in Ireland” (September 2018) and the Marine Casualty Investigation Board Report (MCIB) into the fatal accident in Kilkee involving a Coast Guard volunteer (December 2018).”

He said: “It is vital that we learn the lessons from tragic accidents such as Kilkee and Blacksod and that we nurture and promote a world class Search and Rescue service.”

A key conclusion of the SAR review, which underpins the new National SAR Plan (NSP), is that roles, responsibilities and inter-dependencies within the overall SAR system need to be clear, explicit and understood by all those concerned. A new Governance and Oversight chapter in the plan sets out these roles very clearly, from strategic, tactical through to operational levels. It also recommends SAR stakeholders meet at least annually to review the plan.

The NSP delivers on a new mechanism of assurance in relation to standards and practices and oversight of the overall SAR system. This will include the creation of a support network to assist those involved in search and rescue to develop minimum standards and practices and to embed principles of continuous improvement and safety within their organisations. It also creates a new SAR Regulators’ Forum, a unique initiative which brings transport regulators in the Search and Rescue domain together to exchange good practice and seek to improve the overall system assurance mechanisms.

A new National SAR Committee has been created with renewed terms of reference which underpins its role in providing strategic coordination, guidance and leadership for Search and Rescue. This group will monitor the performance and adequacy of the SAR system and advise on any necessary improvements. It will be chaired by Sir Alan Massey – ex CEO of the UK’s Maritime and Coastguard Agency. Its members will include senior representatives from the Coast Guard (IRCG), Irish Aviation Authority (IAA) and An Garda Síochána (AGS), their parent Departments and other strategic partners in both the State (Departments of Defence, Health and Local Government) and the voluntary SAR sector (RNLI).

The SAR Review report also includes an implementation plan for a new “virtual” Joint Rescue Coordination Centre (JRCC) model. This was another key recommendation in the AQE Report. The new model will secure additional collaboration between the Aviation Rescue Coordination Centre (ARCC), which is managed by the IAA, and Marine Rescue Coordination Centre (MRCC), which is managed by the Coast Guard. This will greatly enhance the overall SAR system. Utilising enhanced technologies and greater collaboration, the new JRCC will capitalise on the strengths of the current Aeronautical RCC and Maritime RCCs and ensure a more coherent response.

With regard to Marine Casualty Investigation Board (MCIB) recommendations included in the review process, the new Search and Rescue Plan acknowledges the on-going work of the Irish Coast Guard (IRCG) in developing an accredited safety management system. The IRCG’s new Standard Operating Procedures and guidance material relevant to the MCIB report were subject to international peer review (involving Canada, New Zealand and Sweden) and are being modified to reflect best practice in relation to boat launching and the transition from search and rescue to search and recovery phase of IRCG operations.

In conclusion, Minister Ross said: “I would like to convey my thanks to those Departments and agencies who participated in the review process. I would particularly like to thanks Sir Alan Massey for his leadership and expertise through this seven month review process. I am very pleased with what has been achieved in such an ambitious timeframe since the publication of the AQE Report. We must now endeavour to build on this momentum and the ambition in this report which is to make Ireland’s SAR service “best in class” internationally – and in doing so, honour the memory of those who have lost their lives in the service of others.”

Published in Coastguard

The State’s Marine Casualty Investigation Board (MCIB) has been unable to identify the precise circumstances which led to the death of an experienced canoeist on the river Suir in Cahir, Co Tipperary in November, 2017 writes Lorna Siggins.

However, next of kin and a witness to the incident have taken issue with several key aspects of the MCIB report, published on Wednesday.

The canoeist, who was a medal-winning slalom competitor, drowned after he capsized below a weir close to Cahir Castle while leading a group of paddlers.

The 185km-long river Suir rises just north of Templemore, Co Tipperary passes through Cahir, Clonmel and Carrick on Suir, Co Waterford.

Canoe MCIBThe canoe that capsized Photo: MCIB

After he capsized, the canoeist was initially seen not to be in any difficulty but disappeared out of sight around a bend.

The MCIB report concludes that was unable to rescue himself and floated over 4 km downriver before he was recovered by emergency services.

The canoeist had been equipped with a buoyancy aid during the expedition, but was not wearing it when recovered from the water, and did not respond to first aid.

The incident occurred after a group of 12 kayakers, varying in age from nine years to 67 years and of different skill qualifications, left the town mall slip in Cahir at about 10.30 am on November 11th, 2017.

“Some of the group had their own kayaks and safety equipment and others had kayaks and safety equipment provided by the adventure organisation set up by the casualty and a partner,” the report states.

The group split in two, and one group of four planned to navigate a weir on the western side of the Suir’s main channel, and then join the others.

“As the group of four approached the weir the casualty, the most experienced member of the group, gave verbal instructions as to how best to navigate the weir. He stated he would go first and be followed by the two teenagers and the man following last,” the report states.

The canoeist, described by the MCIB as a level 2 trainee kayak instructor, capsized and surfaced on the right-hand side of the river.

“ He was seen standing facing against the wall on the western downriver side of the weir and making his way downstream,” the report states.

“ He did not appear to be in any difficulty. He did not acknowledge or communicate in any way with the three remaining kayakers. He quickly went out of sight of remaining kayakers due to a bend in the tributary,”it states.

“The person was unable to rescue himself and get to safety and floated approximately 4.18 km down the River Suir where rescue services recovered him from the water. He did not respond to first aid,” it says.

The canoeist had been wearing his buoyancy aid prior to shooting the weir, and the MCIB concludes it was either “removed by the casualty or lost between the time of the incident and the time of the recovery”.

It notes that the buoyancy aids “ may be suitable in instances where the wearers remain capable of helping themselves” but “ should not be used in rough conditions or when there is wave splash”.

The report does note that this is “the standard buoyancy aid used for kayaking in Ireland”.

The canoeist was spotted at 11.30am by a passerby, and the Irish Coast Guard Waterford-based helicopter was tasked at 11.33am and Garda at Cahir was informed.

However, due to poor visibility, the helicopter had to request permission to stand down at 12.31

A local fire brigade unit tried to reach the casualty without success, and he was recovered at 12.38 from a location near Garnavilla House with the help of Suir River Rescue.

Next of kin of the canoeist, along with a witness, have taken issue with several aspects of the MCIB report, as outlined in correspondence published with the document.

The report states that there was “no documented record of a risk analysis of the potential dangers prior to setting out on the course over the weir” as per the code of practice for the safe operation of recreational craft.

The MCIB report also concludes that the canoeist’s adventure organisation was not affiliated to Canoeing Ireland – which, it acknowledges, is not a legal requirement.

Canoeing Ireland oversees training and qualification standards for the sport. Canoeing Clubs are affiliated to and regulated by the Irish Canoe Union.

“This is misleading as the members of the organisation were members of Canoe Ireland and were trained through Canoeing Ireland,” next of kin correspondence, which is included in the report’s appendices, states.

“ The members of the adventure club abided by the rules of Canoeing Ireland, so it is misleading and hinting that the association was less than official. They had applied for membership and were waiting for reply,” the correspondence says.

A witness also attests to the canoeist’s experience and to his membership of Canoeing Ireland and notes that the canoeist and other members of the club ran the sluice weir regularly and were very familiar with it in a variety of conditions.

In relation to a documented risk analysis, the next of kin correspondence also states that “the course had been studied for hidden dangers, snags, currents, etc before the boat was put on the water” and there was “also a plan of action on who would go in which order and how to go down”.

“ I do wonder where it says this risk analysis needs to be documented in writing and how many different passages and waterways are risk assessed in this way if it actually is required,”the next of kin correspondence says.

“This passage and river were well travelled by this group and this group was quite experienced. The risks had been assessed previously,”it says, and observes the MCIB seems to be “picking on a documentation issue”.

The next of kin correspondence says that the report “draws a strange and problematic conclusion”.

“I honestly cannot identify anything from this report that is useful or sheds some light on the situation or what would have helped avoid the situation,” the correspondence states.

The MCIB report, which did include amendments, “notes” the points raised in the correspondence.

It recommends that the Minister for Transport, Tourism and Sport issue a marine notice reminding kayakers, kayaking and canoeing organisations of obligations to comply with the code of practice for safe operation recreational craft and the relevant chapter dealing with canoeing/kayaking.

The full report can be downloaded here

Published in MCIB
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A new bill before the Dáil seeks to amend the “bizarre circumstances” that mean there is no legal obligation for members of the Marine Casualty Investigation Board (MCIB) to have relevant marine accident experience.

As TheJournal.ie reports, the Merchant Shipping (Investigation of Marine Casualties) Amendment Bill 2019 tabled by Mattie McGrath TD has been welcomed by relatives of two men who drowned off Helvick Head in May 2010.

The families of John O’Brien and Patrick Esmonde have taken issue with the standard of the MCIB investigation into their deaths.

The MCIB report published in February 2012, which called for better safety awareness among leisure boat users, did not conclude exactly how the pair came to enter the water. An inquest into the tragedy more than 18 months later returned an open verdict.

McGrath, who says he has “worked closely with John O’Brien’s sister Anne-Marie” on the proposed legislation, claims that the lack of a legal mandate for MCIB investigators to have relevant accident experience “has always been a major issue for the two families, who have never accepted the official outcome of the investigation into the deaths on the summer’s day”.

TheJournal.ie has much more on the story HERE.

Published in MCIB

The Marine Casualty Investigation Board invites applications for inclusion on a panel of suitably qualified investigators to carry out contracted marine casualty investigations on behalf of the Board.

To obtain additional information, interested persons should use any one of the methods, below:

• Go to www.etenders.gov.ie and search ID number 139776 or click here
• Further information on the Marine Casualty Investigation Board is available at www.mcib.ie
• Contact the Marine Casualty Investigation Board at the address, below

The closing date for applications is Friday, 12th October 2018

Marine Casualty Investigation Board, Leeson Lane, Dublin 2, Ireland  Tel: 01 678 3485 Email: [email protected]  Freefone: 1800 202 614

Published in MCIB
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Page 7 of 16

General Information on using Waterways Ireland inland navigations

Safety on the Water

All users of the navigations are strongly recommended to make themselves aware of safety on the water for whatever activity they are involved in and to read the advice offered by the various governing bodies and by:

The Dept. of Transport, Ireland: www.gov.ie/transport and The Maritime and Coastguard Agency, UK, The RNLI – Water Safety Ireland for information in terms of drowning prevention and water safety.

Registration of Vessels

All vessels using the Shannon Navigation, which includes the Shannon-Erne Waterways and the Erne System must be registered with Waterways Ireland. Only open undecked boats with an engine of 15 horsepower or less on the Shannon Navigation, and vessels of 10 horsepower or less on the Erne System, are exempt. Registration is free of charge.

Craft registration should be completed online at: https://www.waterwaysireland.org/online-services/craft-registration

Permits for use of the Grand and Royal Canals and the Barrow Navigation

All vessels using the Grand and Royal Canals and the Barrow Navigation must display appropriate valid Permit(s) i.e A Combined Mooring and Passage Permit (€126) and if not intending to move every five days, an Extended Mooring Permit (€152).

Permit applications should be completed online at: https://www.waterwaysireland.org/online-services/canal-permits

Passage on the Royal and Grand Canals – Dublin Area

For boat passage through the locks east of Lock 12 into / out of Dublin on either the Royal or Grand Canals, Masters are requested to contact the Waterways Ireland Eastern Regional Office (M-F 9.30am-4.30pm) on tel: +353(0)1 868 0148 or email [email protected] prior to making passage in order to plan the necessary lock-keeping assistance arrangements.

On the Grand Canal a minimum of two days notice prior to the planned passage should be given, masters should note that with the exception of pre-arranged events, a maximum of 2 boats per day will be taken through the locks, travelling either east or west.

Movements in or out of the city will be organised by prior arrangement to take place as a single movement in one day. Boaters will be facilitated to travel the system if their passage is considered to be safe by Waterways Ireland and they have the valid permit(s) for mooring and passage.

Newcomen Lifting Bridge

On the Royal Canal two weeks’ notice of bridge passage (Newcomen Lifting Bridge) is required for the pre-set lift date, and lock assistance will then also be arranged. A minimum of 2 boats is required for a bridge lift to go ahead.

Waterways Ireland Eastern Regional Office (Tel: +353(0)1 868 0148 or [email protected] ) is the point of contact for the bridge lift.

A maximum number of boats passing will be implemented to keep to the times given above for the planned lifts (16 for the Sat / Sun lifts & 8 for the weekday lifts). Priority will be given on a first come first served basis.

On day of lift, boaters and passengers must follow guidance from Waterways Ireland staff about sequence of passage under bridge & through Lock 1, and must remain within signed and designated areas.

Events Held on the Waterways

All organised events taking place on the waterways must have the prior approval of Waterways Ireland. This is a twelve week process and application forms must be accompanied with the appropriate insurance, signed indemnity and risk assessment. The application should be completed on the Waterways Ireland events page at :

https://www.waterwaysireland.org/online-services/event-approval

Time Limits on Mooring in Public Harbours

On the Shannon Navigation and the Shannon-Erne Waterway craft may berth in public harbours for five consecutive days or a total of seven days in any one month.

On the Erne System, revised Bye Laws state that: No master or owner shall permit a vessel, boat or any floating or sunken object to remain moored at or in the vicinity of any public mooring, including mooring at any other public mooring within 3 kilometres of that location, for more than 3 consecutive days and shall not moor at that same mooring or any other public mooring within 3 kilometres of that location within the following 3 consecutive days without prior permission by an authorised official.

Winter Mooring on the Shannon Navigation and Shannon Erne Waterway

Winter mooring may be availed of by owners during the period 1 Nov to 31 Mar by prior arrangement and payment of a charge of €63.50 per craft. Craft not availing of Winter Mooring must continue to comply with the “5 Day Rule”. Winter Mooring applications should be completed online at : https://www.waterwaysireland.org/online-services/winter-moorings-booking

Owners should be aware that electricity supply and water supply to public moorings is disconnected for the winter months. This is to protect against frost damage, to reduce running costs and to minimise maintenance requirements during the winter months.

Vessel owners are advised that advance purchasing of electricity on the power bollards leading up to the disconnection date should be minimal. Electricity credit existing on the bollards will not be recoverable after the winter decommissioning date. Both services will be reinstated prior to the commencement of the next boating season.

Smart Cards

Waterways Ireland smart cards are used to operate locks on the Shannon Erne Waterway, to access the service blocks, to use the pump-outs along the navigations, to avail of electrical power at Waterways Ireland jetties.

Berthing in Public Harbours

Masters are reminded of the following:

  • Equip their vessel with mooring lines of appropriate length and strength and only secure their craft to mooring bollards and cleats provided for this purpose.
  • Ensure the available berth is suitable to the length of your vessel, do not overhang the mooring especially on finger moorings on floating pontoon moorings.
  • Ensure mooring lines, electric cables and fresh water hoses do not create a trip hazard on public jetties for others users.
  • Carry sufficient fenders to prevent damage to your own vessel, other vessels and WI property.
  • Allow sufficient space between your vessel and the vessel ahead /astern (c.1m) for fire safety purposes and /or to recover somebody from the water.
  • Do not berth more than two vessels side by side and ensure there is safe access/egress at all times between vessels and onto the harbour itself.
  • Do not berth in such a way to prevent use of harbour safety ladders, slipways or pump-outs.
  • Do not allow the bow of your vessel to overhang the walkway of a floating mooring thus creating a hazard for others with an overhanging anchor or bow fendering.
  • Animals are not allowed to be loose or stray at any time.
  • Harbour and jetty infrastructure such as railings, power pedestals, fresh water taps, electric light poles, safety bollards, ladders etc are not designed for the purpose of mooring craft , they will not bear the strain of a vessel and will be damaged.
  • At Carrybridge on the Erne System, Masters of vessels are not permitted to use stern on mooring. Masters of vessels must use the mooring fingers for mooring of vessels and for embarkation / disembarkation from vessels.

Passenger Vessel Berths

Masters of vessels should not berth on passenger vessel berths where it is indicated that an arrival is imminent. Passenger vessels plying the navigations generally only occupy the berths to embark and disembark passengers and rarely remain on the berths for extended periods or overnight.

Lock Lead-in Jetties

Lead-in jetties adjacent to the upstream and downstream gates at lock chambers are solely for the purpose of craft waiting to use the lock and should not be used for long term berthing.

Vessel Wake

Vessel wake, that is, the wave generated by the passage of the boat through the water, can sometimes be large, powerful and destructive depending on the hull shape and engine power of the vessel. This wake can be detrimental to other users of the navigation when it strikes their craft or inundates the shoreline or riverbank. Masters are requested to frequently look behind and check the effect of their wake / wash particularly when passing moored vessels, on entering harbours and approaching jetties and to be aware of people pursuing other activities such as fishing on the riverbank.

Speed Restriction

A vessel or boat shall not be navigated on the Shannon Navigation at a speed in excess of 5 kph when within 200 metres of a bridge, quay, jetty or wharf, when in a harbour or canal or when passing within 100 metres of a moored vessel or boat.

Vessels navigating the Shannon-Erne Waterway should observe the general 5 kph speed limit which applies along the waterway. This is necessary in order to prevent damage to the banks caused by excessive wash from vessels.

Vessels navigating the Erne System should observe the statutory 5kt / 6mph / 10kph speed limit areas.

A craft on the Royal and Grand canals shall not be navigated at a speed in excess of 6km per hour.

A craft on the Barrow Navigation shall not be navigated at a speed in excess of 11km per hour except as necessary for safe navigation in conditions of fast flow.

Bank Erosion

Narrow sections of all the navigations are particularly prone to bank erosion due to the large wash generated by some craft. Masters are requested to be vigilant and to slow down to a speed sufficient to maintain steerage when they observe the wash of their craft inundating the river banks.

Unusual Waterborne Activity

Unusual waterborne vessels may be encountered from time to time, such as, hovercraft or amphibious aircraft / seaplanes. Masters of such craft are reminded to apply the normal “Rule of the Road” when they meet conventional craft on the water and to allow extra room to manoeuvre in the interest of safety.

Sailing Activity

Mariners will encounter large numbers of sailing dinghies from late June to August in the vicinity of Lough Derg, Lough Ree and Lower Lough Erne. Sailing courses are marked by yellow buoys to suit weather conditions on the day. Vessels should proceed at slow speed and with due caution and observe the rules of navigation when passing these fleets, as many of the participants are junior sailors under training.

Rowing

Mariners should expect to meet canoes and vessels under oars on any part of the navigations, but more so in the vicinity of Athlone, Carrick-on-Shannon, Coleraine, Enniskillen and Limerick. Masters are reminded to proceed at slow speed and especially to reduce their wash to a minimum when passing these craft as they can be easily upset and swamped due to their very low freeboard and always be prepared to give way in any given traffic situation.

Canoeing

Canoeing is an adventure sport and participants are strongly recommended to seek the advice of the sport’s governing bodies i.e Canoeing Ireland and the Canoe Association of Northern Ireland, before venturing onto the navigations.

Persons in charge of canoes are reminded of the inherent danger to these craft associated with operating close to weirs, sluice gates, locks and other infrastructure particularly when rivers are in flood and large volumes of water are moving through the navigations due to general flood conditions or very heavy localised precipitation e.g. turbulent and broken water, stopper waves. Shooting weirs is prohibited without prior permission of Waterways Ireland.

Canoeists should check with lockkeepers prior entering a lock to ensure passage is done in a safe manner. Portage is required at all unmanned locks.

Canoe Trail Network – "Blueways"

Masters of powered craft are reminded that a canoe trail network is being developed across all navigations and to expect more organised canoeing along these trails necessitating slow speed and minimum wash when encountering canoeists, rowing boats etc

Rockingham and Drummans Island Canals – Lough Key

It is expected that work on Rockingham and Drummans Island Canals on Lough Key will be completed in 2021. Access to these canals will be for non-powered craft only, eg canoes, kayaks, rowing boats.

Fast Powerboats and Personal Watercraft (Jet Skis)

Masters of Fast Powerboats (speed greater than 17kts) and Personal Watercraft (i.e.Jet Skis) are reminded of the inherent dangers associated with high speed on the water and especially in the confines of small bays and narrow sections of the navigations. Keeping a proper look-out, making early alterations to course and /or reducing speed will avoid conflict with slower vessels using the navigation. Personal Watercraft are not permitted to be used on the canals.

Towing Waterskiers, Wakeboarders, Doughnuts etc

Masters of vessels engaged in any of these activities are reminded of the manoeuvring constraints imposed upon their vessel by the tow and of the added responsibilities that they have to the person(s) being towed. These activities should be conducted in areas which are clear of conflicting traffic. It is highly recommended that a person additional to the master be carried to act as a “look-out” to keep the tow under observation at all times.

Prohibition on Swimming

Swimming in the navigable channel, particularly at bridges, is dangerous and is prohibited due to the risk of being run over by a vessel underway in the navigation.

Age Restrictions on operating of powered craft

In the Republic of Ireland, Statutory Instrument 921 of 2005 provides the legal requirements regarding the minimum age for operating of powered craft. The Statutory Instrument contains the following requirements:

- The master or owner of a personal watercraft or a fast power craft shall take all reasonable steps to ensure that a person who has not attained the age of 16 years does not operate or control the craft

- The master or owner of a pleasure craft powered by an engine with a rating of more than 5 horse power or 3.7 kilowatts shall take all reasonable steps to ensure that a person who has not attained the age of 12 years does not operate or control the craft.

Lifejackets and Personal Flotation Devices (PFDs)

Lifejackets and PFD’s are the single most important items of personal protective equipment to be used on a vessel and should be worn especially when the vessel is being manoeuvred such as entering / departing a lock, anchoring, coming alongside or departing a jetty or quayside.

In the Republic of Ireland, Statutory Instrument 921 of 2005 provides the legal requirements regarding the wearing of Personal Flotation Devices. The Statutory Instrument contains the following requirements:

- The master or owner of a pleasure craft (other than a personal watercraft) shall ensure, that there are, at all times on board the craft, sufficient suitable personal flotation devices for each person on board.

- A person on a pleasure craft (other than a personal watercraft) of less than 7 metres length overall shall wear a suitable personal flotation device while on board an open craft or while on the deck of decked craft, other than when the craft is made fast to the shore or at anchor.

- The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person who has not attained the age of 16 years complies with paragraph above.

- The master or owner of a pleasure craft (other than a personal watercraft), shall take all reasonable steps to ensure that a person who has not attained the age of 16 years wears a suitable personal flotation device while on board an open craft or while on the deck of a decked craft other than when it is made fast to the shore or at anchor.

- The master or owner of a pleasure craft (other than a personal watercraft) shall take all reasonable steps to ensure that a person wears a suitable personal flotation device, at all times while – (a) being towed by the craft, (b) on board a vessel or object of any kind which is being towed by the craft.

Further information is available at: http://www.irishstatutebook.ie/eli/2005/si/921/made/en/print

Firing Range Danger Area – Lough Ree

The attention of mariners is drawn to the Irish Defence Forces Firing Range situated in the vicinity of buoys No’s 2 and 3, on Lough Ree on the Shannon Navigation. This range is used regularly for live firing exercises, throughout the year, all boats and vessels should stay clear of the area marked with yellow buoys showing a yellow "X" topmark and displaying the word "Danger".

Shannon Navigation, Portumna Swing Bridge Tolls

No attempt should be made by Masters’ of vessels to pay the bridge toll while making way through the bridge opening. Payment will only be taken by the Collector from Masters when they are secured alongside the jetties north and south of the bridge.

Navigating from Killaloe to Limerick on the Shannon Navigation

The navigation from Killaloe to Limerick involves passage through Ardnacrusha locks, the associated headrace and tailrace and the Abbey River into Limerick City. Careful passage planning is required to undertake this voyage. Considerations include: lock passage at Ardnacrusha, water flow in the navigation, airdraft under bridges on Abbey River in Limerick, state of tide in Limerick

Users are advised to contact the ESB Ardnacrusha hydroelectric power station (00353 (0)87 9970131) 48 hours in advance of commencing their journey to book passage through the locks at Ardnacrusha. It is NOT advised to undertake a voyage if more than one turbine is operating (20MW), due to the increased velocity of flow in the navigation channel, which can be dangerous. To ascertain automatically in real time how many turbines are running, users can phone +353 (0)87 6477229.

For safety reasons the ESB has advised that only powered craft with a capacity in excess of 5 knots are allowed to enter Ardnacrusha Headrace and Tailrace Canals.

Passage through Sarsfield Lock should be booked on +353-87-7972998, on the day prior to travel and it should be noted also that transit is not possible two hours either side of low water.

A Hydrographic survey in 2020 of the navigation channel revealed that the approach from Shannon Bridge to Sarsfield Lock and the Dock area has silted up. Masters of vessels and water users are advised to navigate to the Lock from Shannon bridge on a rising tide one or two hours before High Tide.

Lower Bann Navigation

The attention of all users is drawn to the “Users Code for the Lower Bann”, in particular to that section covering “Flow in the River” outlining the dangers for users both on the banks and in the navigation, associated with high flow rates when the river is in spate. Canoeists should consult and carry a copy of the “Lower Bann Canoe Trail” guide issued by the Canoe Association of Northern Ireland. Users should also contact the DfI Rivers Coleraine, who is responsible for regulating the flow rates on the river, for advisory information on the flow rates to be expected on any given day.

DfI Rivers Coleraine. Tel: 0044 28 7034 2357 Email: [email protected]

Lower Bann Navigation – Newferry – No wake zone

A No Wake Zone exists on the Lower Bann Navigation at Newferry. Masters of vessels are requested to proceed at a slow speed and create no wake while passing the jetties and slipways at Newferry.

Overhead Power Lines (OHPL) and Air draft

All Masters must be aware of the dangers associated with overhead power lines, in particular sailing vessels and workboats with cranes or large air drafts. Voyage planning is a necessity in order to identify the location of overhead lines crossing the navigation.

Overhead power line heights on the River Shannon are maintained at 12.6metres (40 feet) from Normal Summer level for that section of navigation, masters of vessels with a large air draft should proceed with caution and make additional allowances when water levels are high.

If a vessel or its equipment comes into contact with an OHPL the operator should NOT attempt to move the vessel or equipment. The conductor may still be alive or re-energise automatically. Maintain a safe distance and prevent third parties from approaching due to risk of arcing. Contact the emergency services for assistance.

Anglers are also reminded that a minimum ground distance of 30 metres should be maintained from overhead power lines when using a rod and line.

Submarine Cables and Pipes

Masters of vessels are reminded not to anchor their vessels in the vicinity of submarine cables or pipes in case they foul their anchor or damage the cables or pipes. Look to the river banks for signage indicating their presence.

Water Levels - Precautions

Low Water Levels:

When water levels fall below normal summer levels masters should be aware of:

Navigation

To reduce the risk of grounding masters should navigate on or near the centreline of the channel, avoid short cutting in dog-legged channels and navigating too close to navigation markers.

Proceeding at a slow speed will also reduce “squat” effect i.e. where the vessel tends to sit lower in the water as a consequence of higher speed.

Slipways

Reduced slipway length available under the water surface and the possibility of launching trailers dropping off the end of the concrete apron.

More slipway surface susceptible to weed growth requiring care while engaged in launching boats, from slipping and sliding on the slope. Note also that launching vehicles may not be able to get sufficient traction on the slipway once the craft is launched to get up the incline.

Bank Erosion

Very dry riverbanks are more susceptible to erosion from vessel wash.

Lock Share

Maximising on the number of vessels in a lock will ensure that the total volume of water moving downstream is decreased. Lock cycles should be used for vessels travelling each way.

High Water Levels:

When water levels rise above normal summer level masters should be aware of:

Navigation

Navigation marks will have reduced height above the water level or may disappear underwater altogether making the navigable channel difficult to discern.

In narrow sections of the navigations water levels will tend to rise more quickly than in main streams and air draft at bridges will likewise be reduced.

There will also be increased flow rates particularly in the vicinity of navigation infrastructure such as bridges, weirs, locks etc where extra care in manoeuvring vessels will be required.

Harbours and Jetties

Due care is required in harbours and at slipways when levels are at or near the same level as the harbour walkways' as the edge will be difficult to discern especially in reduced light conditions. It is advised that Personal Flotation Devices be worn if tending to craft in a harbour in these conditions.

Slipways

Slipways should only be used for the purpose of launching and recovering of water craft or other objects from the water. Before using a slipway it should be examined to ensure that the surface has sufficient traction/grip for the intended purpose such as launching a craft from a trailer using a vehicle, that there is sufficient depth of water on the slipway to float the craft off the trailer before the concrete apron ends and that the wheels of the trailer do not drop off the edge of the slipway. That life-saving appliances are available in the vicinity, that the vehicle is roadworthy and capable of coping with the weight of the trailer and boat on the incline. It is recommended that slipway operations are conducted by two persons.

Caution to be Used in Reliance upon Aids to Navigation

The aids to navigation depicted on the navigation guides comprise a system of fixed and floating aids to navigation. Prudent mariners will not rely solely on any single aid to navigation, particularly a floating aid to navigation. With respect to buoys, the buoy symbol is used to indicate the approximate position of the buoy body and the ground tackle which secures it to the lake or river bed. The approximate position is used because of the practical limitations in positioning and maintaining buoys in precise geographical locations. These limitations include, but are not limited to, prevailing atmospheric and lake/river conditions, the slope of and the material making up the lake/river bed, the fact that the buoys are moored to varying lengths of chain, and the fact that the buoy body and/or ground tackle positions are not under continuous surveillance. Due to the forces of nature, the position of the buoy body can be expected to shift inside and outside the charted symbol.

Buoys and perches are also moved out of position or pulled over by those mariners who use them to moor up to instead of anchoring. To this end, mariners should always monitor their passage by relating buoy/perch positions with the published navigation guide. Furthermore, a vessel attempting to pass close by always risks collision with a yawing buoy or with the obstruction that the buoy or beacon/perch marks.

Masters of Vessels are requested to use the most up to date Navigation guides when navigating on the Inland Waterways.

Information taken from Special Marine Notice No 1 of 2023