Merchant Shipping (Investigation of Marine Accidents) Act 2025

Powers of authorised persons

47. (1) An authorised person shall have the power to—

(a) board any offshore service vessel while the vessel is in the State or board any Irish offshore service vessel anywhere and survey and inspect the vessel, its machinery, equipment and fittings and perform any tests necessary to ensure the vessel is compliant with requirements under this Part and the offshore service vessel and industrial personnel rules,

(b) inspect any document or record on board the vessel and require any person on board to produce any document or record and respond to queries and, in the case of records or documents stored in a non-legible form, produce to him or her a copy in legible form,

(c) require any person on board the vessel to provide his or her name and address,

(d) take a copy of an entry in, or extract from, any document or logbook of the vessel or any other record and require the master to certify the copy as a true copy,

(e) take photographs or make any record or visual or electronic recording of the ship or any activity on the ship or the premises or place in relation to the exercise of a power under this section,

(f) inspect any container or place of storage and any apparatus used for the transfer of persons to or from the vessel,

(g) require any person to provide such assistance as the authorised person may reasonably require, and

(h) require any such person to answer such questions as the authorised person may ask.

(2) A master of a ship shall remain on board during the exercise by an authorised person of his or her powers under subsection (1)(a) and shall cooperate with the authorised person in the exercise of those powers.

(3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, prescribe fees for any surveys, inspections or tests referred to in subsection (1) and different amounts may be prescribed in respect of different classes of surveys, inspections or tests.

(4) A person who obstructs or interferes with an authorised person in the course of exercising a power under this Part commits an offence and is liable on summary conviction to a class A fine.

(5) A person who fails or refuses to comply with a requirement of an authorised person pursuant to paragraph (b), (c), (g) or (h) of subsection (1), or in purported compliance with such a requirement gives information or makes a declaration to the authorised person that he or she knows to be false or misleading in any material respect commits an offence and is liable on summary conviction to a class A fine.

(6) A statement or admission made by a person pursuant to a requirement under paragraph (b), (c), (g) or (h) of subsection (1) shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (5)).