Dáil Éireann
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DÁIL ÉIREANN AN COMHCHOISTE UM IOMPAR, TURASÓIREACHT AGUS SPÓRT JOINT COMMITTEE ON TRANSPORT, TOURISM AND SPORT Dé Céadaoin, 21 Feabhra 2018 Wednesday, 21 February 2018 Tháinig an Comhchoiste le chéile ag 9.30 a.m. The Joint Committee met at 9.30 a.m. Comhaltaí a bhí i láthair / Members present: Teachtaí Dála / Deputies Seanadóirí / Senators Mick Barry, John O’Mahony, Imelda Munster, Ned O’Sullivan. Catherine Murphy, Noel Rock, Robert Troy. I láthair / In attendance: Deputies Michael Fitzmaurice, John Lahart, Hildegarde Naughton, Éamon Ó Cuív and Eamon Ryan and Senator Kevin Humphreys. Teachta / Deputy Kevin O’Keeffe sa Chathaoir / in the Chair. 1 JTTS Business of Joint Committee Vice Chairman: Apologies have been received from Senator Frank Feighan. The Cathao- irleach has been unavoidably delayed. Before we begin, I remind members to turn mobile telephones off completely or put them in silent mode. The joint committee went into private session at 9.38 a.m. and resumed in public session at 9.46 a.m. Vice Chairman: Before we begin, I remind members, witnesses and guests in the Visitors Gallery to turn off their mobile telephones. As agreed previously, we will now take correspon- dence in public session, before commencing the main business of the morning. No. 2018/221 is an email dated 8 February from the Secretary General of the Parliamentary Assembly of the Council of Europe, with recommendations and resolutions adopted by the Council, upon which it would like to receive a response from the committee. It is proposed to note the correspon- dence. Is that agreed? Agreed. No. 2018/222 ABC is an email dated 15 February from Mr. Dónal Ó Brollacháin regarding Metro North. It is proposed to take the correspondence. Is that agreed? Agreed. No. 2018/223 is a letter from Mr. David Franks dated 16 February, regarding issues raised by Mr. Padraic Moran. It is proposed to take the correspondence. Is that agreed? Agreed. No. 2018/224 AB is an email dated 15 February from Mr. Barry Kenny of Irish Rail, for- warding studies undertaken by Iarnród Éireann for the National Transport Authority, NTA, con- cerning investment in station accessibility. This letter follows on from our previous meeting. It is proposed to note the correspondence. Is that agreed? Agreed. No. 2018/225 is an email from the Embassy of Romania inquiring if the committee would meet the committee on education, science, youth and sport to discuss various issues on a day chosen by the joint committee. It is proposed to note the correspondence. Is that agreed? Agreed. No. 2018/226 is an email from Mr. Padraic Moran regarding issues he has with Irish Rail. We have written to Irish Rail as requested, asking that they meet with Mr. Moran. I think he has replied to say that he will. It is proposed to note the correspondence. Is that agreed? Agreed. No. 2018/227 is an email from the National Private Hire and Taxi Association regarding taxi drivers’ view of a proposed plaza. It is proposed to discuss this correspondence later. Is that agreed? Agreed. Correspondence No. 2018/228 is an email from Transport Infrastructure Ireland, TII, pro- viding further information requested by the Joint Committee on Transport, Tourism and Sport on 24 January 2018. It is proposed to note the correspondence. Is that agreed? Agreed. Engagement with Chairpersons Designate of Public Bodies 2 21 FEBRUARY 2018 Chairman: Good morning ladies and gentlemen. The purpose of our meeting today is en- gagement with the designate chairpersons of public bodies. In this regard, I welcome Mr. Cor- mac O’Rourke, chair designate of Transport Infrastructure Ireland; Ms Cliona Cassidy, chair- person designate of the Marine Investigation Board; Mr. John Mullins, chairperson designate of the Port of Cork; and Mr. Maurice O’Gorman, chairperson designate of the Galway Harbour Company. I draw the attention of witnesses to the fact that by virtue of section 17(2)(l) of the Defa- mation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if they are directed by the committee to cease giving evidence on a particular matter and they continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamen- tary practice to the effect that, where possible, they should not criticise or make charges against any person, persons or entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an of- ficial either by name or in such a way as to make him or her identifiable. I now invite Ms Cliona Cassidy to make her opening statement. Ms Cliona Cassidy: I thank the Vice Chairman. I am very honoured by the proposal to extend my appointment as chairperson of the Marine Casualty Investigation Board, MCIB, for a further year and to have this opportunity to present my credentials to the committee this morning. I grew up and attended primary school in Saudi Arabia. I returned to Ireland for my secondary education and boarded at Rathdown School, Glenageary, County Dublin and subsequently at King’s Hospital School, Palmerstown. I graduated with a bachelor’s degree in business and legal studies from UCD in 1996. I completed a certificate in marketing and French and moved to the United Kingdom where I was employed by the British Potato Council in Oxford as an export marketing executive and subsequently as export manager. The British Potato Council is a semi-State body funded through levies from the potato industry. My main responsibility in those two roles was the management of external international consultants who assisted in the management of the public image of British seed and consumer potatoes through media management, trade shows, seed growth trials and Government relationships. Our target markets were mainly in Europe and the Middle East. I represented the British Potato Council on a number of committees, including the Department for the Environment, Food, and Rural Affairs export industry committee which facilitated the exchange of ideas and co-ordination of international activities for a diverse range of British food and cultural promotional bodies. I completed my employment in the British Potato Council in a consumer-marketing role promot- ing the industry to consumers in association with retailers and potato processors. In all of these roles I had budgetary responsibility, ensuring that limited resources were applied to gain the maximum or greatest result. I moved back to Ireland and in 2005 I graduated from the Honorable Society of King’s Inns with merit and was called to the Bar. I completed my practical training as a barrister while dev- illing in 2005 and 2006, first with Ms Caroline Cummings in criminal law and judicial review and then with Ms Marian Moylan and Ms Carrie Jane Canniffe in both family law and commer- cial law. I currently practice at the Bar and have a civil law practice based in Dublin. One of the cornerstones of the Irish Bar is the fact that barristers are independent, notwithstanding who they represent or have represented in the past. Over the past 12 years, my practice has included 3 JTTS judicial review proceedings where I have advised members of An Garda Síochána challenging the procedures in disciplinary investigations. I have also provided legal advice to the Chief State Solicitor’s office on challenges by members of the Garda Síochána to decisions regarding disciplinary matters and the Garda compensation scheme. I regularly advise on contractual and negligence disputes and have represented injured persons and insurance companies in a range of personal injuries actions, including physical and psychological injuries. I have also advised clients on bullying and harassment claims and employment contract disputes. I have also man- aged a team of barristers in a large electronic discovery process for a commercial funds dispute. I was a member of the family Bar working group tasked with exploring the role of alternative dispute resolution in family disputes in December 2007. This included assisting in the drafting of a response to the report of Dr. Carol Coulter on the family law courts. In 2008 I was appointed by the arbitration committee of the Bar Council to two working groups to assist in the preparations for the International Council for Commercial Arbitration, ICCA, conference and the young arbitration practitioners conference. The working groups were established to market and promote the involvement of practitioners in the conferences and to promote alternative dispute resolution in Ireland. Following an interview process I was selected by the arbitration committee to intern at the International Centre for Dispute Resolu- tion, ICDR, in New York. During my time at the Bar, I have taught law to a range of students who have varying levels of, and requirements for, legal knowledge. I currently tutor on the legal studies diploma course and the barrister-at-law degree course, which is a vocational course concentrating on practice and procedure. Both courses are provided in the Honorable Society of King’s Inns. I have also developed and delivered a basic introduction to law course for final year engineering students in UCD. My experience, while diverse, shows some of the key skills that are required in the role of chairperson of the Marine Casualty Investigation Board, MCIB, particularly objectivity, in- dependence and a focus on fair procedures.