Railway Safety Act 2005

Preparation of draft report and observations of affected persons.

62.—(1) Before publishing an investigation report or an interim report under section 60 the Investigation Unit shall send a draft of the report or sections of the draft report to any person who, in its opinion, is likely to be adversely affected by the publication of the report or section.

(2) Where a person referred to in subsection (1) is deceased, a draft of the report or sections of the draft report shall be sent by the Investigation Unit to the person who appears to the Investigation Unit to best represent the interests of the deceased person.

(3) A person to whom the Investigation Unit sends a draft in accordance with subsection (1) or (2) 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 Investigation Unit in its discretion thinks fit, submit to the Investigation Unit in writing his or her observations on the draft.

(4) A person to whom the draft has been sent in accordance with subsection (1)or (2) may apply to the Investigation Unit for an extension, in accordance with subsection (3), of the period in which to submit his or her observations on the draft.

(5) Observations submitted to the Investigation Unit in accordance with subsection (3) may, if the Investigation Unit considers it appropriate to do so, be included in an appendix to the published report unless the person submitting the observations requests in writing that the observations are not published.

(6) Where observations are submitted to the Investigation Unit in accordance with subsection (3), the Investigation Unit may, at its discretion—

(a) alter the draft before publication or decide not to do so, or

(b) where a person agrees to publication of observations under subsection (5), include in the published report such comments on the observations as it sees fit.

(7) A person to whom a draft has been sent in accordance with subsection (1) or (2) shall not disclose (other than by way of disclosure to his or her legal or technical advisors subject to an enforceable condition of confidentiality) to another person the draft or its contents except with the prior consent in writing of the Investigation Unit and subject to such conditions, if any, which may be specified by the Investigation Unit in such consent.

(8) A person who contravenes subsection (7) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.