Minister for Transport Eamon Ryan has said his department will cover “reasonable legal expenses” incurred by the families of the four Rescue 116 air crew who died off North Mayo in relation to a review of the draft final Air Accident Investigation Unit (AAIU) report.
In a statement issued this Thursday evening, Mr Ryan said he had written to the families of the crew of R116 that afternoon.
He said he had “ let them know that the Department of Transport will cover their reasonable legal expenses incurred as a result of the Review into the accident in which their loved ones lost their lives”.
Pilots Dara Fitzpatrick and Mark Duffy and winch team Paul Ormsby and Ciarán Smith died when their Sikorsky S-92 crashed at Blackrock island off north Mayo in the early hours of March 14th, 2017.
The four crew were employed by CHC Ireland which holds the Irish Coast Guard search and rescue contract.
The AAIU issued a preliminary and interim reports, and sent its draft final report to “interested parties” in September 2019 with a 60-day window for submissions and comments.
However, in March 2020, former transport minister permitted the establishment of a review board to examine certain findings in the draft final report before publication, following a request from one of the parties.
A review board, chaired by senior counsel Patrick McCann, was established under Regulation 16 of Air Navigation Regulations 2009.
The Irish Airline Pilots Association and European Cockpit Association were critical of this decision as being against the international norm, which seeks to ensure investigations are published within a timeframe to improve safety.
The AAIU does not apportion blame, and this was the first time its draft final report had been subject to such a review.
Earlier this week, RTÉ Investigates reported that three of the four families were obliged to pay for their own legal representation in the review which had been sought by the air crews’ employer, CHC Ireland, and had incurred substantial costs.
Ryan said that “the chairman of the Review board wrote to me with a recommendation that the reasonable legal costs of the families be covered”.
“I was happy to accept this recommendation and asked my officials to work on a mechanism to resolve the issue,” he said.
“The families of the crew did not ask for the review and were placed in a position of having to contribute to a complex process to ensure their loved ones’ interests were fully represented,”Ryan said.
“While the Department of Transport argued before the review board that it did not have authority to make an order on costs, this was done because of the broader implications that such a ruling might have in future,” he said.
“ This was never intended to imply a reluctance to pay these costs, and the additional stress this may have caused is regretted,” he said.
“In writing to the families, I am also conscious that they will shortly receive the final report of the investigation into the accident, a moment which is bound to be difficult for all concerned,” he said.
“Today we remember the service of pilot Dara Fitzpatrick, co-pilot Mark Duffy, winchman Ciarn Smith and winch operator Paul Ormsby who gave their lives in the courageous pursuit of protecting others,” Ryan said.