359. Deputy Carol Nolan asked the Minister for Transport the justification for retaining copyright over Railway Accident Investigation Unit reports and restricting their commercial use under section 15 of the Railway Safety Bill 2026; the precedent for such restrictions in other safety investigation regimes; and if he will make a statement on the matter.' [60801/26]

360. Deputy Carol Nolan asked the Minister for Transport the rationale for granting gardaí accompanying Railway Accident Investigation Unit personnel the power to arrest without warrant under section 17 of the Railway Safety Bill 2026; the number of incidents under existing railway safety legislation where such powers would have been required; and if he will make a statement on the matter. [60794/26]

I propose to take Questions Nos. 359 and 360 together.

The Railway Safety Act 2005 and the subsequent railway accident investigation regulations that were made to 2020, provide that a member of An Garda Síochána, accompanying an investigator from the Railway Accident Unit, may arrest without warrant a person who obstructs or impedes an investigator exercising a statutory power or who refuses to comply with a request of the investigator. An arrest may also be made where a person who is required to give his or her name and address to the member refuses or fails to do so.

Section 17 of the Railway Safety Bill 2026 restates the power of arrest provision that applies at present under railway accident investigation regulations that were made in 2020.

To date, the Railway Accident Investigation Unit have not requested the presence of a member of An Garda Síochána at an accident scene and therefore no arrest without warrant has been made under this statutory provision. It is important, however, to have this power of arrest available to safeguard the carrying out of an investigation, for example, in the event that any person obstructs or impedes the investigator at the scene of an accident or incident and thereby prevents an investigator from having immediate, unrestricted access to the site and from being in a position to perform his or her statutory functions effectively.

In relation to copyright in accident investigation reports, the position is that section 25 of the Railway Safety Bill 2026 provides that copyright “in any report published by the Railway Accident Investigation Unit remains with the Investigation Unit but the copyright material may be freely used for educational of safety-related purposes but not for commercial use.” A copyright provision in these terms was introduced in the Railway Safety Act 2005 and applies at present under the railway accident investigation regulations that were made in 2020.

Use of accident investigation reports, without restriction, is not permitted either in the case of marine accident reports or air accident reports. The statutory provision expressly states that the copyright material may be freely used for educational of safety-related purposes and this is considered appropriate and proportionate.