The Railway Safety Commission is considering prosecutions for neglect of duty against a number of parties connected with the collapse of the Malahide Viaduct, its chief executive Gerald Beesley revealed this evening.
Mr Beesley was responding to members of the Oireachtas Committee on Transport who said his organisation had "failed" to ensure safety on the railway, was too trusting of what it was told by Iarnród Éireann, and had not itself physically inspected the Malahide Viaduct.
The viaduct collapsed on August 21st, 2009, as an Iarnród Éireann passenger train crossed en route to Pearse Station from Balbriggan.
The train driver reported a section of the viaduct beginning to collapse into Broadmeadow Estuary, and within minutes one of the piers holding up the track, pier number four, had collapsed leaving unsupported track hanging over the sea
Committee member Fergus O'Dowd said a key aspect of the report of the Railway Accident Investigation Unit (RAIU) was criticism of the safety commission for "closing off" a recommendation for a tidal "flood/scour management plan" which had been made in separate safety reviews in 2001, 2006 and 2008.
Mr O'Dowd said the problem was scour was identified as a risk to the bridge and when Iarnród Éireann said this had been addressed, the Railway Safety Commission believed it.
He said the last independent report in 2008 had identified "a 60 per cent risk" to the bridge and since then thousands of passengers on many trips across the estuary had been placed in danger.
Opposition Spokesman on Transport Simon Coveney (FG) said "clearly your efforts to regulate safety on the railway had failed". He said the commission's relationship with Iarnród Éireann had been "based on trust" but it should not have been "because the information you were getting from them was untrue".
Labour Party spokesman on Transport Joe Costello TD said there must have been "total inadequacy" on the part of Iarnród Éireann but he said oversight by the Railway Safety Commission was also not adequate.
He said: "it seems to me the Minister should decide if a prosecution is required for gross negligence and dereliction of duty". Michal Kennedy TD (FF) said some people did not do something they should have done," adding "we need people to know it is safe".
Committee chairman Paul Connaughton (FG) remarked that Iarnrod Eireann had given a "very strong" performance when asked about their safety record. He asked Mr Beesley if he thought this was reasonable.
Mr Beesley told the members that the Railway Safety Commission had been set up in 2005 but its ability to physically inspect infrastructure had not been added until 2008.
It had then one official on inspections part-time, but had since gained additional staff and now had four inspectors. He said it was not feasible that inspectors examine every nut and bolt of event bridge but they would have to rely on safety procedures and seeing a sample of them put into action.
In relation to recommending prosecutions it was he said something which the commission was considering but had not as yet arrived at a conclusion.
