Judge finds boat owner not responsible for crew's safety

The Health and Safety Authority (HSA) is seeking legal advice on a District Court ruling which has found that the owner of a fishing vessel is not responsible for safety on board.

The ruling, delivered in Donegal District Court, may be appealed by the authority because of its serious implications for fishing crew. The case involved a crewman, Nicholas Birrell, who fell overboard and drowned off the Clare coast in 1997. Charges brought against the owner of the fishing vessel, Mr George McCallig of Dunkineely, Co Donegal, by the HSA were dismissed by Judge Murragh Connellan at a special sitting of Donegal District Court on June 30th.

The judge decided that despite the fact that Mr McCallig was the owner of the vessel, the Caroline Ann, he was not responsible for safety on board.

Evidence in relation to alleged breaches of health and safety regulations on board the vessel was submitted by the HSA, after an inspection was carried out on the fishing vessel while it was in dock in Galway after the accident.

Judge Connellan said that he was satisfied that the legislation differentiated between employees and the self-employed, and noted that the crew of the vessel were not under a contract of service. He dismissed the six summonses and awarded costs of £4,000 to Mr McCallig.

A spokeswoman for the HSA said that the authority had been in touch with Bord Iascaigh Mhara (BIM) following the case, and was currently taking legal advice on its implications and investigating "all options open" to it.