The family of Irish Coast Guard volunteer Caitriona Lucas have asked that three former transport ministers, including Taoiseach Leo Varadkar, appear as witnesses at the full inquest into her death.
Ms Lucas, 41, an Irish Coast Guard Doolin unit volunteer, died after a rib attached to the Kilkee Coast Guard unit capsized during a search off the Clare coast on 12 September 2016.
She was the first Irish Coast Guard volunteer to die during a rescue tasking.
At the opening of a preliminary inquest before Limerick city coroner John McNamara in Kilmallock court, Co Limerick, legal representatives for Ms Lucas's family said that three former transport ministers had held responsibility for legislation that failed to establish an independent marine investigations body.
Maritime lawyer Michael Kingston asked Mr McNamara to call Minister for Public Expenditure Paschal Donohoe, who served as transport minister from 2014, and Shane Ross, who took over the transport portfolio in May 2016, as witnesses.
Questions about the location of the lifejacket and helmet that Ms Lucas was wearing were also raised at the hearing.
Mr Kingston said that failure to set up an independent body for marine accident investigations had resulted in a European Court of Justice judgment being issued against Ireland in July 2020.
He said the State had failed to properly investigate an incident involving capsize of a rigid inflatable boat off Inch, Co Kerry in August 2014, which was similar in circumstances to the event that claimed Ms Lucas’s life off Kilkee.
This was criticised in the subsequent Marine Casualty Investigation Board (MCIB) report into Ms Lucas’s death, Mr Kingston noted.
A request by Mr Kingston to call board members of the MCIB was rejected by Mr McNamara, but he said that the MCIB report into Ms Lucas’s death would be admitted as evidence.
Mr Simon Mills, representing the Department of Transport, which is responsible for the Irish Coast Guard, said that an inquest hearing "cannot be used as a collateral attack on the MCIB".
Mr McNamara agreed that the Health and Safety Authority (HSA), including inspector Helen McCarthy who conducted a separate inquiry into Ms Lucas's death, would be called.
Audio recordings of communication between the Kilkee Irish Coast Guard unit and the Irish Coast Guard Rescue 115 helicopter was also requested by Mr Kingston, along with drone footage taken by Ennis Civil Defence.
Mr Kingston requested that independent experts be sought in relation to Ms Lucas’s lifejacket and helmet.
He also asked the coroner to establish the location of both pieces of equipment, which "had gone missing".
HSA inspector Helen McCarthy told the coroner in response to a question about the lifejacket that Hugh Barry, who was a senior manager with the Irish Coast Guard at the time, "be questioned on that".
Mr Kingston requested a number of other witnesses to be called and reports to be produced, and Mr McNamara proposed that these be set out in written depositions which he would consider.
This would require a second preliminary inquest hearing, which has been set for 12 June, he agreed.
Mr McNamara expressed his sincere condolences to the Lucas family.
