Clare Daly (Dublin Fingal, Independent)
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25. To ask the Taoiseach and Minister for Defence further to Parliamentary Question No. 39 of 3 July 2018, if a picture (details supplied) was taken on the LÉ Niamh on 5 August 2015, in view of other images posted by the Naval Service and dated the same day which show the same details on the floor, the canopy and the particular blankets used on the ship that day. [36195/18]

Paul Kehoe (Wexford, Fine Gael)
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In responding to Parliamentary Question No. 39 of 3 July 2018, based on advice I had received from the Defence Forces, I stated that “in the course of the event in question on 5 August 2015 involving the LE Niamh, no wristbands were applied to persons rescued by personnel on LE Niamh. I am also advised that the Naval Service cannot stand over the provenance of the photograph used in the article in question and which is credited to "Irish Navy"”. I regret that the information afforded to me and which I communicated to the House in good faith at the time, was incorrect.

On foot of the Deputies further question, I asked that the matter be further investigated. I am now advised by the Naval Service that the pictures supplied were actually taken on board LÉNiamhduring the time it was rescuing migrants under Operation Pontus. I am also advised that the wristband displayed in the photograph provided was applied by Naval Service personnel on board the L.É. Niamh.

I am further advised that during Search and Rescue (SAR) operations undertaken in the Mediterranean, the standing operational procedure was that, as rescued persons came on board, each one was photographed and given a numbered wristband as part of their processing on board, which also included medical examination and assessment. This procedure was to account for rescued persons on-board. In addition, persons of interest, namely those persons in control of the migrant vessels and potential people traffickers, were identified as part of this process.

On the 5^thof August, 2015, as the Deputy will recall, there was a very significant rescue event in the Mediterranean where a fishing vessel carrying migrants capsized and several hundred migrants ended up in the water. Given the massive scale and urgency of the rescue operation, the Executive Officer on LE NIAMH made the decision, when the first RHIB returned with rescued persons to the ship, that the ship’s staff would not register embarked persons as per normal standing operational procedure, as saving lives was the main focus of their efforts and the rescued persons could be registered later. The LÉ Niamh rescued 367 persons (342 male, 12 female and 13 children). 25 bodies were also recovered and taken on board.

On transit to Italy, the Naval Service deck parties were approached by rescued persons who identified a number of persons as the people who were in control of the fishing vessel. These men were tagged and their photographs taken while on board LE Niamh. The witnesses that came forward were also given wristbands. The purpose of this was to identify both groups of people amongst the 365 persons that were on-board at the time.

A number of persons were subsequently charged by the Italian authorities in connection with this incident. A Mutual Legal Assistance request was received by the Central Authority for Mutual Assistance in the Department of Justice and Equality from the Italian authorities. On foot of this request the prosecuting authorities in Italy were provided with photographic and video evidence of the event held by the Naval Service and a member of the Naval Service gave evidence in Italy attesting to the validity of that evidence.

I trust this clarifies the matter. I very much regret that incorrect information was supplied in my previous response to Dáil Question No. 39 of 3 July 2018 and I am happy to have this opportunity to correct the record.