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ISORA Calls for Clear Safety Protocols Amid Liability Concerns Following Cork Incident Report

3rd November 2024
Yachts start one of 16 ISORA races held in 2024. The association's agm in Dun Laoghaire on Saturday heard significant discussions regarding the safety and responsibility protocols essential for the future of Irish offshore racing
Yachts start one of 16 ISORA races held in 2024. The association's agm in Dun Laoghaire on Saturday heard significant discussions regarding the safety and responsibility protocols essential for the future of Irish offshore racing Credit: Afloat

Irish offshore sailing 'needs a clear code of practice to continue next season', according to Irish Sea Offshore Racing Association (ISORA) Chairman Peter Ryan, who has expressed 'serious concerns' over liability in the wake of a recent Marine Casualty Investigation Board (MCIB) report into a Cork Harbour yachting incident.

At Saturday's (November 2nd) ISORA Annual General Meeting (AGM) at the National Yacht Club (NYC) in Dun Laoghaire Harbour, significant discussions were held regarding the safety and responsibility protocols essential for the future of Irish offshore racing.

With the 'tendered resignation' of Honorary Secretary Stephen Tudor, who has dedicated over a decade to promoting and enhancing competitive sailing in the Irish Sea, the meeting underscored the urgent need for a thorough review of existing safety measures.

ISORA Honorary Secretary Stephen TudorISORA Honorary Secretary Stephen Tudor

The implications of a recent Marine Casualty Investigation Board (MCIB) report into the J109 Jelly Baby have prompted ISORA to reevaluate its responsibilities towards crew safety, risk assessment, and compliance with industry regulations, ensuring that the sport can continue to thrive in a responsible and sustainable manner.

ISORA Chairman Peter RyanISORA Chairman Peter Ryan

The ISORA Chairman told Afloat after the agm he was "seriously concerned now about the exposure to liability, despite the usual skippers' waivers/ declarations".

Ryan added that his concern is that "crew, who are potentially likely source of litigation, are not included in any decisions".

Ryan wants a clear code of practice from World Sailing or Irish Sailing that prescribes what is required to run an offshore event.

"We can’t make rules that we think comply and try to second guess the interpretation of a high court judge!" he said.

"If we don’t have satisfactory protocols in place by next season, we will pull all races", he stated.

"The protocols must be sustainable. We are a small organisation based 100% on volunteers and run on a shoestring. It’s a new era and other organisations need to “wake up and smell the coffee”! Ryan noted.

Ryan told Afloat that Irish delegates Con Murphy and Paddy Boyd are bringing the issue to the World Sailing Conference in Singapore next week, and Barry MacNeaney is expected to be raised the matter at the Irish Race Officers event in Galway on November 9th.

Following the meeting, ISORA released the following statement on Sunday (November 3rd), which Afloat reproduces in full.

ISORA STATEMENT - Safety and Responsibility Protocols

ISORA held its AGM on Saturday 2nd November 2024. In opening the meeting Stephen Tudor tendered his resignation from the role of Honorary Secretary of ISORA. A role that he thoroughly enjoyed since 2010.

In that time a small team of dedicated volunteers worked tirelessly to promote offshore racing in the Irish Sea. The fleets grow, and by the introduction of technologies ISORA kept ahead of the game in providing fair and competitive racing.

In recent years, and more so in 2024, the sailing calendar has become even more congested with competitors making last minute decisions to compete. Crew exhaustion being the most quoted reason not to sail. This crowded calendar has resulted in reluctance to see races postponed or cancelled.

We have carefully read the ‘Marine Casualty Investigation Board’s’ (MCIB) report into a marine casualty involving the sailing yacht Jelly Baby in Cork Harbour in October 2021.

The report findings concludes that the Organising Authority can’t delegate all responsibilities to the Skippers (the Risk Statement) and it does place a higher duty of care on the Race Management Committee than what was appreciated previously. Although, some, including ISORA Officers, argued that this duty of care was always there.
We believe that the obligation to keep crews safe was always taken seriously and was always considered before all ISORA races. We always assessed the ability of the fleet to cope with the conditions expected in the race. This assessment of risk always considered the abilities of the least experienced boat, and crew, in the fleet.

It is now, however, very clear that in the event of an incident, or accident, during an ISORA race the crew would be scrutinised. The skipper would, of course, be held responsible for the safety of the crew and boat, the Race Management Committee would be challenged for putting the fleet in a position of danger, the Organising Authority would be questioned on its involvement and its role in ensuring compliance with World Sailing Offshore Rules, and the Governing Bodies would be responsible if all guidelines and rules were not followed by the affiliated body. Everybody is in the firing line!

In August this year this assessment of risk resulted in a race being postponed. The risk was clear and undeniable, and most accepted the decision without hesitation.
We are not prepared to be placed in a position of unreasonable risk. But more than that, we do not want to carry the burden of guilt for the rest of our lives on the loss of a friend, competitor or sailor.

The Hon Sec stressed to those attending the AGM that the role of race management in organising offshore racing has changed. We are responsible.
Chairman requested that the Hon Sec resignation is withdrawn subject to a thorough review of all safety and responsibility protocols. The resignation was withdrawn on this basis.

We are reaching out to our governing body for guidance, and for protocols.

The ISORA officers require clear guidance and a workable format for managing and the mitigating the risk. This will involve a significant amount of effort from all parties involved, and we are prepared to contribute positively to this work.

The work involved include, but by no way limited to, the following:

• Reinforcing the ‘Risk Statement’
• Strengthening our ‘Race Risk Assessment’,
• ‘Protocols’ on when races should not be run,
• Ensuring compliance with World Sailing Offshore Guidance.

As a starting point we urge all skippers to consider using the Skipper Briefing Template which has been on the ISORA web site for many seasons.
We do wish to see the continuance of Offshore Racing in the Irish Sea, but this must be in a safe and sustainable manner, and for this to succeed we must all play our part.

Stephen Tudor MRICS FNAEA MARLA
Hon Sec ISORA

Published in ISORA
Afloat.ie Team

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