New Laws for Ships in Offshore Renewables

The Government has introduced legislation to regulate the new vessel types used in the offshore renewable energy sector. It also establishes a dedicated Marine Accident Investigation Unit within the Department of Transport. Our Health & Safety team reviews what this legislation entails.

What you need to know

• The Merchant Shipping (Investigation of Marine Accidents) Act 2025 gives the Minister for Transport the power to make regulations for newer types of vessels used in the offshore service sector. It also covers the carriage of industrial personnel on those vessels.
• The existing, part-time Marine Casualty Investigation Board (MCIB) will be replaced by a full-time Marine Accident Investigation Unit (MAIU).

The offshore renewable energy sector in Ireland has to date only seen the development of one offshore wind farm in 2003. However, with the enactment of the Maritime Area Planning Act 2021, the conduct of the first ORESS auction in 2023 and the recent publication of designated marine area plans, offshore renewable activity is expected to significantly increase in the coming years.

The investigation of marine accidents has been performed by a part-time, independent body known as the Marine Casualty Investigation Board (MCIB) since 2002. Following an independent review in 2021, it was recommended that marine casualty investigation in Ireland should take on a full-time approach. This is in line with international best practice and mirrors existing Irish practice in aviation and railway accident investigations.

To implement this recommendation, the Government has enacted the Merchant Shipping (Investigation of Marine Accidents) Act 2025. The 2025 Act aims to enhance Ireland’s maritime safety regime and to prevent the recurrence of marine accidents. It provides for the establishment of a Marine Accident Investigation Unit (MAIU) within the Department of Transport. The MAIU will replace the MCIB as the permanent body responsible for marine accident investigation.

The 2025 Act also gives the Minister for Transport the power to make regulations to cater for the newer types of vessels being used in the offshore service sector and the carriage of industrial personnel on those vessels.

Three key elements of the 2025 Act relate to

• Reporting of marine accidents
• The role of the MAIU, and
• Offshore service vessels.

Reporting of marine accidents

The 2025 Act places an obligation on the master, the most senior officer, or the owner of a ship to notify the Marine Accident Investigation Unit. They must do so immediately, or as soon as practicable, if a marine casualty or marine incident occurs. A “marine casualty” excludes deliberate acts or omissions committed with the intention to cause harm to the safety of a ship, individual, or the environment. Instead, it refers to an event, or a sequence of events, connected with the operations of a ship and that has resulted in:

• The death of, or serious injury to, a person
• The loss of a person from a ship
• The loss, presumed loss or abandonment of a ship
• Material damage to a ship
• The stranding or disabling of a ship, or the involvement of a ship in a collision
• Material damage to marine infrastructure external to a ship that could seriously endanger the safety of the ship, another ship or an individual, or
• Severe damage to the environment, or the potential for severe damage to the environment, brought about by the damage of a ship or ships.

A “marine incident” is an event, or a sequence of events, connected to the operations of a ship that endangered or would endanger the safety of a ship, an individual, or the environment. As with marine casualties, it does not include a deliberate act or omission committed with the intention to cause harm.

The notification to the MAIU must include certain details such as:

• The name and description of the ship
• Its position
• The number of persons on board, if any, and
• The most accurate summary of the marine incident that can be provided.

A report must also be submitted with further details. Failure to report a marine casualty or incident is an offence punishable by a fine of up to €500,000 and/or five years imprisonment.

Role of the MAIU

The role of the MAIU is to:

• Conduct marine safety investigations into very serious marine casualties and other marine accidents
• Carry out preliminary assessments of marine accidents
• Establish the cause of a marine accident that it investigates
• Make safety recommendations
• Prepare and publish annual and other reports on each marine safety investigation it carries out
• Engage with stakeholders to assist with a marine safety investigation
• Gather and analyse data relating to maritime safety, particularly for the purposes of the prevention of marine accidents, and
• Promote maritime safety.

The purpose of a marine safety investigation is not to attribute blame or fault. Instead, the MAIU must report fully on the causes of a marine accident regardless of whether fault or liability may be inferred from the findings.

MAIU investigators have wide ranging powers of investigation. For example, they may detain a ship or issue directions to prevent or regulate access to a ship, wreckage, site, or object for as long as is considered necessary. They may also require persons to undergo medical examination for the purpose of an investigation.

Offshore service vessels

To operate in the Irish offshore renewable sector, all 'offshore service vessels' must hold a safety certificate. An offshore service vessel is defined as a vessel that carries or accommodates more than 12 industrial personnel for the purpose of constructing, maintaining, decommissioning, operating, or servicing offshore renewable facilities. The certificate confirms that the vessel meets specific safety criteria.

These criteria will be set out in secondary legislation. They may cover areas relating to:

• Design, construction, subdivision, stability, equipment, machinery, electrical installations, radio installations, accommodation, fire safety, life-saving appliances, dangerous goods, energy sources, ship navigation, and transfer arrangements
• The carriage of passengers and industrial personnel on offshore service vessels, including training, medical fitness, health and safety, risk assessments, accident prevention, reporting requirements and on-board familiarisation regarding safety, equipment, communications and transfer arrangements
• The number of passengers, industrial personnel, crew and other persons to be carried or accommodated on board offshore service vessels, and
• Survey and inspection of offshore service vessels, including the inspection and testing of any equipment, systems, fittings and arrangements.

OOffshore service vessels that comply with the relevant criteria will be issued with an Industrial Personnel Safety Certificate. This certifies compliance with the rules for a period of up to five years. The certificate will specify the maximum number of personnel allowed on board. Authorised persons will have the power to inspect offshore service vessels to ensure they comply with any relevant criteria. Vessels that do not hold the required certificate will not be allowed to operate.

Next steps

The establishment of the MAIU and safety criteria for offshore service vessels is aimed at enhancing the Irish marine safety regime. Developers and contractors of offshore wind farms should ensure, in advance of commencing works, that they have access to certified offshore service vessels to carry out those works. The operators of vessels should also ensure they hold valid certification and can carry a sufficient number of industrial personnel on board as will be required by developers and contractors to carry out offshore works.

All stakeholders, and in particular owners and operators of ships, should be aware of their reporting obligations regarding marine accidents, as there are significant penalties for failing to comply with them.

For more information, please contact a member of our Health and Safety team.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.