I move: "That the Bill be now read a Second Time."
I am pleased to introduce this Bill for the consideration of the House. It addresses two separate areas. First, the Bill contains proposals to enshrine the organisation and main functions of the Railway Accident Investigation Unit, RAIU, in primary legislation. Second, the remainder of the Bill contains amendments to update and modernise the Railway Safety Act 2005 and consequential matters. I will address each of these briefly.
The background to the proposals in Part 2 of the Bill for the RAIU is as follows. The RAIU is an independent statutory body that carries out railway accident investigations in the State. The objective is to identify the causes of these accidents. They are also a means to improve railway safety and prevent future accidents from happening. I am sure the Deputies will agree that in the operation of the State's railways, safety is paramount. To enable this, it is essential that the RAIU has a strong statutory basis to underpin its role in regard to reporting and investigation of accidents and incidents on our railways. A railway incident unit had originally been set up under the Railway Safety Act 2005 as a unit within the then Railway Safety Commission, which has since been renamed the Commission for Railway Regulation. Subsequently, it became mandatory under the EU railway safety directive of 2004 for each member state to establish an independent national investigation body. To that end, the present RAIU was established under national secondary legislation in 2014. The RAIU was conferred with powers and functions under the regulations of 2014 in respect of all railways. This includes heavy rail, that is, the railway operations on the Iarnród Éireann network and light rail, which includes the Luas tramway in Dublin. Those powers and functions also covered metros and other railways, such as heritage railways, of which there are a number throughout the country.
There was a change in the law at EU level when a replacement recast EU railway safety directive came into operation here on 31 October 2020. That recast railway directive has a reduced scope and it expressly excludes light railways, metro and other local railway systems. In the context of the railway systems in Ireland, it is only heavy rail, basically the Iarnród Éireann network, including DART, that now comes within its scope. The European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2020 transposed the recast railway safety directive from 31 October 2020 and provided the RAIU with investigation powers and functions in respect of the heavy rail system. These regulations are referred to in the Bill as the regulations of 2020. The Railway Safety (Reporting and Investigation of Serious Accidents, Accidents and Incidents Involving Certain Railways) Act 2020 was enacted and came into force on 31 October of that year as a solution to prevent a gap in arising in the legislation that would leave the RAIU without a statutory basis to investigate accidents involving any of Ireland's other railways, including Luas and Heritage Railways.
It is important to note that there is no legislative gap for the RAIU to be covered in this Bill. Since October 2020, the RAIU, with the combination of the regulations of 2020 and the provisions of the Act of 2020, has a complete statutory basis. It will carry out investigations in respect of accidents and incidents involving heavy rail, the Luas light railway in Dublin and other heritage railways. It was also the intention that the legislative solution provided through the operation of the Act would be an interim measure. The objective for the longer term now being delivered in this Bill was that a stand-alone statutory basis would be provided for the organisation of the RAIU in primary legislation and to cover the investigation of accidents and incidents on railways that were outside the scope of the EU railway safety directive.
I turn to the content of the Bill. It consists of six Parts and 71 sections. Section 1, as the Short Title, section 2, as the interpretation of the Act, and section 4, laying of regulations, are all standard provisions. Section 3 sets out the definition of Part 2. Twenty-three definitions in all, except one, are in use at present under the regulations of 2020, and indeed the Act of 2020. The only new term that is being introduced is specified railway. This applies to the types of railways to be prescribed in regulations under section 6. Part 2 sets out provisions for the investigation of accidents and incidents by the RAIU and spans sections 3 to 28, inclusive. The purpose of Part 2 is set out in the main statutory framework for the organisation and operation of the RAIU in primary legislation. The provisions that cover this and underpin the operation of the RAIU are contained at present in the regulations of 2020.
The policy being pursued in the Bill is that all common functions of the RAIU are set out in the Bill. I will refer to these as overarching, and these are the powers and functions that are common to any accident investigation, whether carried out under the regulations of 2020 for the Iarnród Éireann network or under Part 2 of the Bill for specified railway, which includes light railway, Luas, metro and heritage railways. The goal of this policy approach is to streamline the legislative framework for the RAIU in primary legislation. The overarching investigation powers and functions for the operation of the RAIU are set out in Part 2 to apply to all railways in conjunction with regulations that will be made by the Minister for Transport under section 6 of the Bill and regulation of the EU-based measures for the Iarnród Éireann network, which continue under the regulations of 2020. The overarching provisions of the RAIU in Part 2 that apply to railways include section 5, which is the core provision of the organisation of the RAIU, including the appointment of a chief investigator and of investigators.
Section 7 includes core provisions for investigation. Section 8 covers notification and reporting of accidents and incidents. Sections 11 through to section 13 are the status of the RAIU investigators and comprehensive statutory powers in carrying out investigations and to have access to the scene of an accident and to records. Section 14 covers powers of entry and search warrants. Section 15 covers provisions of records and other information to the RAIU. Section 16 is about provision of an offence for obstructing or impeding an investigator from performing a statutory function. Section 17 states that a member of an Garda Síochána may arrest without warrant a person who obstructs or impedes an investigator under Part 2. Section 18 covers provisions for prosecution and offences. Section 19 covers provision for offence by a body corporate. Section 20 covers the standard immunity from claims or damages for investigators in carrying out investigations. Section 25 covers the conditions of copyright in RAIU reports. Section 26 covers saver provisions and continuity safeguards to provide for a seamless continuity of work of the RAIU under the regulations of 2020 and under the Act of the same year as regards investigations that are under way at present or reports in preparation or existing reports and safety recommendations. Section 27 contains provisions for the repeal of the Act of 2020 and the transitional provisions for saver and continuity of functions performed by the RAIU. These overarching provisions mirror the content that is in the regulations of 2020 for the Iarnród Éireann network and applied through the Act of 2020 to other railways.
Part 2 also contains some provisions that only apply to the RAIU and its investigations functions in relation to specified railways. Section 6 covers powers for the Minister for Transport to make regulations to prescribe specified railway and for matters for carrying out the investigation of accidents and incidents. Section 9 contains requirements for railway entities to provide information to the RAIU on the commencement of an investigation. Section 10 means that it may investigate relevant decisions of the Commission for Railway Regulation. Section 21 contains provisions in relation to the RAIU investigation reports for specified railways. Section 22 contains provisions to confer functions on the Commission for Railway Regulation in relation to safety recommendations that are issued by the RAIU. If Part 2 is enacted and the overarching provisions come into operation, it will be necessary to amend the 2020 regulations to revoke the duplicate provisions therein that are being restated in this Bill and on the same date to commence the repeal of the Act of 2020 that is provided for in section 27 of the Bill. The net effect of Part 2 provisions of section 6 regulations and the amendment of the regulations of 2020 will be that the status quo will be maintained in relation to the statutory powers of the agency for investigating and reporting of railway accidents.
As I stated at the outset, the second purpose of the Bill is to introduce amendments to update and modernise the Railway Safety Act 2005. The most significant amendments for updating the Act of 2005 are in Parts 4 and 5 of the Bill and relate to railway safety, critical workers and intoxicants. In the Act of 2005 are certain provisions in Part 9 operated by railway organisations for sampling of safety critical workers in the workplace for intoxicants in line with the code of conduct. The Bill contains some amendments in Part 4 to facilitate the implementation of those measures. The Act of 2005 contains provisions in Part 10 in relation to intoxicants and sets out functions for an Garda Síochána and the Medical Bureau of Road Safety for testing for alcohol and presence of drugs. The policy in 2005 was to align the provisions enacted in the Act of 2005 regarding the statutory limits for alcohol, blood breath and urine for a safety-critical worker with those provided for a driver under the then Road Traffic Act. Likewise, the statutory functions and procedures of An Garda Síochána and the Medical Bureau of Road Safety mirrored the provisions that were in the Road Traffic Act back in 2005.
The provisions in relation to alcohol and drugs and associated procedures for An Garda Síochána and the bureau have been significantly amended and updated in road traffic legislation since 2005. The policy being pursued in this Bill is to update and align Part 10 with the current provisions in the Road Traffic Acts. The amendments proposed will align the statutory limits for safety-critical workers for alcohol and blood, breath and urine with the limits that apply to a specified person. This covers professional drivers, including drivers of a bus, heavy goods vehicles or a taxi. The relevant alcohol limits in section 49 of the Bill are significantly lower than the present values in the 2005 Act.
I will now go through some of the details of the amendments proposed to the 2005 Act. Section 25 amends section 2 to update definitions and terminology. For example, the use of the word "doctor" replaces "medical practitioner".
Sections 30 to 32 contain amendments to streamline some of the administrative processes and functions of the Commission for Railway Regulation.
Section 33 updates terminology throughout the Bill to have the text refer to "railway organisation" instead of "railway undertaking".
Section 34 provides for the repeal of section 41, an obsolete provision.
Sections 35 and 36 provide timeframes for the Commission for Railway Regulation to carry out a two-stage process for safety assessment of new works under section 42 and safety assessments of new rolling stock under section 43.
Sections 37 to 40 are all technical amendments to update terminology.
The purpose of Part 4 of the bill is to amend and update Part 9 of the 2005 Act on intoxicants and railway safety critical workers in the workplace.
Part 9 requires railway organisations to have codes of conduct in the workplace in relation to alcohol and drugs, and the roles of authorised persons and analysis of samples. Part 9 has effectively operated since 2006. Section 41 updates definitions that were used in Part 9. Section 42 expands the application of Part 9 to include heritage railways which operate train services on railway infrastructure of another railway organisation. This would apply to heritage or passenger tourist trains that occasionally run on the Iarnród Éireann network. There is no change for any other heritage railway.
Section 43 contains some minor amendments to update administrative functions of the Commission for Railway Regulation.
Section 44 amends section 89, which relates to sampling procedures in the workplace for intoxicants. The amendment to subsection (1) will provide that an authorised person may require a safety-critical worker to provide a sample of "breath, oral fluid, blood or urine" in accordance with sampling procedures. The expansion to include breath and oral fluid gives railway organisations more options to include in Part 9 on conduct. The broader term "intoxicants" also includes alcohol as substituted for "drug". The amendment of subsection (2) provides that only a doctor or a nurse who has been designated by an authorised officer can take a specimen of blood from a worker.
Part 5 of the Bill contains proposals to amend and update Part 10 of the Railway Safety Act of 2005. Section 45 updates the definitions that are used in Part 10.
Section 46, which inserts a new section, 93A, is a key provision. It provides an enabling power for the Minister for Transport to make regulations to provide for a matter referred to in Part 10 as prescribed or to be prescribed. When the Bill is enacted, secondary legislation must be made to support the implementation of Part 10 to enable An Garda Síochána and the medical bureau of railway safety to carry out their statutory functions.
Section 47 expands the application of Part 10 to include a heritage railway.
Section 48 amends section 96 to set out the functions to be performed by the medical bureau for road safety to carry out analysis in respect of blood or urine samples that are forwarded to An Garda Síochána. The equipment or apparatus provided, supplied, approved or tested by the bureau under Part 2 of the Road Traffic Act 2010 shall be deemed to have been provided, supplied, approved or tested by the bureau for the purposes of enforcement by An Garda Síochána.
Section 49 reduces the statutory limits for concentration of alcohol, blood and urine in the breath for a rail safety critical worker in respect of criminal offences. The changes are: that the existing limits for alcohol in the blood of a concentration of 80 mg of alcohol per 100 ml of blood are reduced to 20 mg; the existing limit for alcohol in urine of a concentration of 107 mg of alcohol per 100 ml of urine are being reduced to 27 mg; and the existing limit for alcohol in the breath of a concentration of 35 mg of alcohol per 100 ml of breath will be reduced to 9 mg. The proposed new limits align with the maximum levels that apply at present under the Road Traffic Act for specified persons. These persons include professional drivers, such as holders of licences to drive small public service vehicles or taxis and holders of licences to drive categories of heavy goods vehicles, buses and coaches.
Section 49 amends section 97 to provide for the insertion of four new subsections for five specified drugs, including cocaine, heroin and cannabis. These provisions mirror the corresponding provisions in the Road Traffic Act 2010.
The purpose of sections 50 to 57 is to update the Act of 2005. The provisions mirror the powers and procedures for An Garda Síochána in the roles of designated doctor or designated nurse that are set out in the Road Traffic Act 2010.
Section 50 amends section 98, which is the obligation to give a specimen of breath to test for the presence of alcohol and expands it to provide that a member of An Garda Síochána may make a requirement of a railway safety critical worker to provide a specimen of oral fluid to test for the presence of a drug.
Section 51 updates section 99 in relation to the powers of An Garda Síochána for arrest without warrant and the power of entry for that purpose.
Section 52 is an amendment of section 100 of the Act of 2005 and substitutes section 100 on obligation to provide a specimen of blood or urine following arrest.
Section 53 substitutes a new section for section 101 on obligation to provide a blood or urine specimen while in hospital.
Section 54 inserts a new section 101A to introduce a new measure to provide an oral fluid specimen following arrest.
Section 55 inserts a new section 101B to introduce a new measure for obligation to provide a blood specimen where suspects of an offence involve a specified drug.
Section 56 inserts a new section 101C to introduce a measure for requirements to undergo a medical examination at a Garda station or hospital.
Section 57 updates references in section 102 to the cross-reference to the Road Traffic Acts for detention of intoxicated persons where a danger to themselves or others.
Section 58 updates section 103 on procedure following provision of a breath specimen under section 100.
Section 59 inserts a new section 103A to provide procedures that apply where a specimen of blood was taken from a person by direction of a member of An Garda Síochána under section 101(5) and that is to be done in a hospital.
Section 60 amends section 104 on the procedure to be followed relating to specimens taken or provided and for forwarding specimens to the medical bureau of road safety.
Section 61 amends section 105 on procedures regarding specimens to expand the existing procedures to provide that the medical bureau of road safety may determine the concentration of a specified drug or drugs in a specimen of blood forwarded to it.
Sections 62 and 63 update the Act of 2005 in relation to prosecution of offences and evidential requirements in prosecutions.
Section 64 inserts four new sections, which are sections 107A to 107D, into the Act to provide for evidential requirements in prosecutions. These mirror provisions in place in the corresponding circumstances from the Road Traffic Act of 2010.
Section 65 amends section 108 on defences for a defendant and expands the provision in line with the measures available under the Road Traffic Act and includes offences in relation to oral fluid.
Sections 66 and 68 update provisions in relation to penalties and prosecution of summary offences.
Section 69 inserts a new Schedule into the Act of 2005 of specified drugs. This is the same as the Schedule in the Road Traffic Act 2010.
Section 70 updates section 126 to provide consequential amendments to reference provisions that are proposed in Part 2 of the Bill.
Section 71 in Part 6 of the Bill provides for amendment of Schedule 1 to the Freedom of Information Act to insert a reference to the Railway Safety Act 2005 at paragraph (u). The effect will be that certain records of the Medical Bureau for Road Safety arising under the Act of 2005 would have the same partial exemption status that applies at present to those corresponding certain records that may arise under the Road Traffic Acts of 1961 to 2024.
The Bill will ensure that the Railway Accident Investigation Unit and the Railway Safety Act 2005 are underpinned by a robust and appropriate legislative framework. I commend the Bill to the House.