Office of the Ombudsman, Ireland
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The Office of the Ombudsman is open between 9.15 and 5.30 Monday to Thursday and 9.15 to 5.15 on Friday.

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Email: ombudsman@ombudsman.gov.ie



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14 December 2009 - Lost at Sea Scheme

Part Two - Investigation Report (Section 1. The Complaint)

1.1   In November 2004, Mr Danny Byrne complained to my Office in relation to the decision of  the then Department of Communications, Marine and Natural Resource to refuse his mother, Ms Winifred Byrne’s, application under the Lost at Sea Scheme in respect of the MFV Skifjord which prevented the award of replacement capacity in respect of that vessel. A copy of the Lost at Sea Scheme is attached as Appendix 1 to this Report. The MFV Skifjord was owned and skippered by Danny Byrne’s father, Francis Byrne, and went down in a storm off  North West Donegal on 31 October 1981 with the loss of five lives, namely, Francis Byrne and his 16 year old son (Jimmy) James Byrne, who was Danny Byrne’s brother, Tony O’Brien, James Laverty and Des McGovern. Prior to owning the MFV Skifjord Francis Byrne had a boat called Loretto since 1975 which had been built in Arklow specially for him. Following the loss of the MFV Skifjord Mrs Byrne was left in very poor circumstances with a young family of five boys and three girls.

1.2   The complainant  alleged that the Department’s decision was unfair because:

  • the special circumstances of his family’s case were not properly considered by the Department in drafting the Lost at Sea Scheme;
  • the Lost at Sea Scheme had not been properly advertised and this resulted in a late application;
  • the Department wrote to a number of potential applicants at the time of the launch of the Scheme informing them of its existence but did not write to the Byrne family;
  • the Department already had records of Lost at Sea cases and should have been aware of the case of the Skifjord;
  • the Byrne family application met the criteria of the Lost at Sea Scheme, apart from the closing date;
  • the qualifying condition in the Scheme regarding a “considerable period of time” should not refer to two years as owner and skipper of the lost vessel but should take account of other periods spent as owner and skipper of other boats.

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