No independent probe into Navan pool tragedy

No statutory agency will be carrying out an independent investigation into the tragic drowning of an eight-year-old boy at Navan Swimming Pool last week, it has emerged. Isaac Agabe-Adefeya, who lived at Clonmagadden Fort in the town, was due to return to school at St Oliver's NS next week and was enjoying an outing to the nearby swimming pool, which is owned by Meath County Council and operated by Aura Leisure Centres, when the awful tragedy struck at around 3.20pm last Thursday. It is understood the eight-year-old got into difficulties and was discovered at the bottom of the pool by another child who raised and alarm. Despite the lifeguards' frantic efforts to resuscitate the young boy, he was pronounced dead at Our Lady's Hospital, Navan. Isaac was laid to rest in St Finian's Cemetery, Navan, on Saturday. The tragedy is being investigated by Navan Gardai, and Aura is conducting its own investigation, but it has emerged that the Health and Safety Authority does not have a role as it was not an accident in the workplace and the Irish Water Safety body will not be conducting an investigation unless it is requested to do so by Minister John Gormley. Navan Mayor Joe Reilly has expressed his condolences to Isaac's family, both in Ireland and in Nigeria, and said he has asked for a meeting of the board of Navan Swimming Pool as soon as possible. Cllr Reilly also raised concerns that there is a gap in the investigative system and said it appears there is no statutory agency to independently investigate the tragedy. He said: "When an incident happens that involves a death, it should be totally investigated in order that every effort can be made to ensure it does not happen again. Unfortunately, there appears to be a gap in the investigative system. In this instance, there is no legal role for the Health and Safety Authority (HSA) as the death is not regarded as a death in the workplace. "The Garda investigation investigates any breach of the law and remains an internal investigation if nothing illegal has happened. Finally, the company will make its own private internal investigations of the incident. It appears that there is a gap in the system where there in no statuary agency that independently investigates all aspects leading to the death, issues a report and, if necessary, makes recommendations as to how safety or other issues can or should be addressed or improved," he said. The mayor said that such an inquiry would protect a company's good name and provide the highest standard of safety for its customers. "It would appear to me that this anomaly in the system should be reviewed at ministerial level and all the relevant structures put in place, perhaps giving the HSA the power of investigation," he said. AGENDA Meanwhile, chief executive of Irish Water Safety, John Leech, has confirmed that the agency will not be carrying out an investigation into the incident, though the tragedy will be on the agenda of the Water Safety Council when it meets today (Wednesday) to launch its annual report. Mr Leech explained that the statutory instrument which established the agency does not explicitly say whether Irish Water Safety has a role in investigating such matters and that they can only do so if requested by Environment Minister John Gormley. However, Mr Leech said IWS has assisted Gardai in Navan in relation to their investigation and is advising them as present. "There are no regulations to operate a pool in Ireland. A paper was sent by us to the Minister for Environment two years ago proposing licensing but no decision has been made," he said. Mr Leech explained that, at present, swimming pools operate under guidelines but it is not law and that while there is a duty of care in every pool, he said: "This is not good enough if you are taking a case against somebody if your child is dead or paraplegic because of a near drowning." According to Mr Leech, incidents of drowning in swimming pools are very unusual and he said the record in Ireland in public swimming pools is one of the best in the world with approximately one drowning every decade. Taking into account private pools as well, drownings are also highly irregular but do occur about once ever one-and-a-half years. However, Mr Leech said there had been two drownings so far this year and he said he is concerned that drownings are becoming more frequent. He has called for the licensing legislation to be introduced. Superintendent Michael Devine of Navan Garda Station said they are investigating the incident and would prepare a full report that would most likely would be for the county coroner. He said Gardai are taking witness statements and CCTV is also being looked at as part of the investigation. "We pass on our sympathies to Isaac's family and friends on behalf of myself and all the staff. It was an terrible tragedy. Nobody expects something like this to happen," said Supt Devine. While a summer promotion was on offer at the time where children could swim for €1, a spokesperson for Aura said in a statement that the pool was only operating at 60 per cent capacity and that eight qualified lifeguards were on duty in the pool area at time. He said: "Aura Sport and Leisure Management Ltd wishes to express its shock and sadness following an incident which claimed the life of a child who had been using the swimming facilities at its leisure centre in Navan. The child had been using the centre's 25-metre pool during public swimming hours. The facility was staffed at the time by eight fully trained and qualified lifeguards. Visitor numbers at the pool were normal and the water facilities were operating at just over 60 per cent of their capacity. "The child was rescued from the pool by lifeguards who had observed him in difficulty. He was attended to by lifeguards on the pool deck and the company's emergency response plan was activated. Emergency services also attended the scene and removed the child to Navan General Hospital." The statement added: "The company has a detailed and comprehensive set of safety and emergency procedures in practice at all 10 of its centres in which all staff are fully trained. Aura constantly reviews the safety procedures in operation at all of its centres. The company's existing procedures employ international best practice." Navan pool was closed on Thursday to facilitate a Garda and company investigation into the circumstances surrouding the incident and Aura management closed the facility on Friday as a mark of respect to the family concerned. St Oliver's NS Principal John Hand has also expressed his sympathy to Isaac's family and described the youngster as a very bright and popular child. "Our condolences go to Isaac's family and friends. He was a bright, intelligent little boy who integrated very well into the school and was gifted academically and at sport. Isaac was a very popular student and our sympathies go to his family," said Mr Hand. He added that he has been in contact with the HSE and National Educational Psychological Service (NEPS) in relation to counselling for the children and is hopeful to have some counselling in place when the children return to school next Tuesday.