Competences
The Board has specific and extensive competencies when it comes to the performance of its investigations, which competencies mean that it can compile and protect a lot of information that in some cases is unique. The Safety Investigation Board Act sets out safeguards for the protection of this information. Note that this information will not be passed on to third parties.
The competencies of the Dutch Safety Board’s investigators are regulated in the Kingdom Act. The essence of the Act is that investigators must be given the greatest possible opportunity to acquire the relevant information. They are allowed to enter buildings in order to gather information, which may include radar images, tape recordings, documents and witness statements, and may take items with them for further investigation. In addition, the investigators can stipulate that wreckage left after an accident should not be removed from the scene straight away, and that during the initial phase of an investigation the accident site should as far as possible be left in its original state. Naturally, the victims’ needs and the provision of aid will take precedence at all times, as do efforts to limit the damage done to equipment and the harm done to the environment. This is why the Board always works closely together with the emergency services, the police and the judicial authorities. Where possible, the Board’s investigators will utilise information on an incident that has been compiled by the police and the judicial authorities. In contrast, the Dutch Safety Board’s investigators do not give any information to the police or the judicial authorities.
In by no means all cases do the Dutch Safety Board’s investigators go straight to the site of an incident. The various bodies involved will look at the facts based on their own remits. In this case, the Board may decide to refrain from launching an investigation until a later date, in which case it can then make use of the results of technical and other investigations already carried out by other parties. The Board will only follow this course of action if it is likely that its (later) investigation into the underlying causes will have added value.
The Safety Investigation Board Act defines the competencies of the investigators as follows:
Article 32
The stipulations with respect to the investigators pursuant to Articles 33 through 40 and Article 69, fourth paragraph, shall also apply to the members of the Board, the employees of the Office, in so far as they have been appointed investigators, and the experts appointed by virtue of Article 14, first paragraph.
Article 33
1. In the performance of his task an investigator shall carry an identity card, issued by the Board.
2. If requested, an investigator shall immediately produce his identity card.
3. The identity card shall include a photograph of the investigator and at any rate state his name and capacity.
Article 34
An investigator shall only avail himself of his powers in so far as this is reasonably required for the performance of his task.
Article 35
By ministerial regulation further rules may be laid down for the exercise of the powers that an investigator is entitled to.
Article 36
1. An investigator is authorised to enter any location and bring along the necessary equipment, including the living quarters of a ship. A dwelling that is not aboard a ship can only be entered with the consent of a resident.
2. If necessary, he may affect entry with the assistance of the police.
3. He is authorised to be accompanied by persons whom he has appointed for this purpose.
4. As regards areas and ships in use with Our Minister of Defence the powers referred to in the first and third paragraphs shall be exercised in agreement with Our Minister of Defence.
Article 37
An investigator is authorised to demand information.
Article 38
1. An investigator is authorised to demand inspection of relevant data and documents.
2. He is authorised to make copies of data and documents.
3. If the copies cannot be made in loco, he will be authorised to take the data and documents with him for that purpose for a short period of time against submission of written proof.
Article 39
1. An investigator is authorised to investigate objects, to inspect them and to take samples of them.
2. He is authorised to open packaging for that purpose.
3. If the investigation, inspection or the taking of samples cannot take place in loco, he will be authorised to take the objects with him for that purpose for a short period of time against submission of written proof.
4. The samples taken will be returned in so far as possible.
Article 40
1. Everyone shall be obliged to render an investigator all the assistance and information that he may reasonably demand in the exercise of his powers within the term he may reasonably stipulate.
2. When assistance is rendered by themselves or by persons coming under them, Our Minister, Our Minister of Defence and Our Minister of Justice may indicate that the information in question is supplied to the Board in strict confidence. The confidential supply of information to the Board shall take place by application mutatis mutandis of Article 57. The confidential information obtained will not be disclosed.
3. Those who on account of their office, profession or a statutory provision are obliged to observe confidentiality, may refuse to render assistance in so far as this arises from their obligation of confidentiality. Those to whom a statutory provision applies by which they are bound to confidentiality, except in so far as any other statutory provision obliges them to disclosure or co-operation, may also refuse their assistance if there are serious reasons for it.