We were dealing with amendment No. 55 (a). The Minister wants to come in for a monent first with some corrections to the Bill.
Safety in Industry Bill, 1978: Committee Stage (Resumed).
I should like to mention to the House that a few corrections will be made in the next of the Bill when it is being reprinted after Committee Stage. I understand that it is not necessary to move formal amendments in connection with these corrections.
Are they minor corrections?
They are minor corrections. The first is in section 9 (5) (b) on page 7 at line 60. The last three words in line 60 are "four hundred pounds" and they will be changed for consistency to £400 in figures. That should be clear to the House.
The second correction is in section 37 (4), page 23, line 58. A comma will be inserted after the word "been" which is the last word in line 58. The third is in section 37 (4) (b) (i), page 24, line 9. The position of the inverted commas will be changed in line 9. At present the inverted commas surround the words "safety delegate". The subsection will now read "the safety delegate" with the inverted commas before "the" and after "delegate".
The fourth correction is in the table to section 41, page 29, line 17. A comma will be inserted after the word "prescribed". In section 53 (1), page 33, lines 14 and 15 the inverted commas will be deleted. Finally, in section 54, page 33, line 26, a comma will be inserted after the word "following". These are minor corrections. I understand that this is the procedure to be adopted here.
I have not been long in the House but I do not know of any precedent for this.
There have been numerous precedents where very small printing matters have been dealt with. The Clerk of the House has full power to deal with that type of printing error in some cases, but he always asks that the Minister should mention the matter in the House to let the Deputies know.
That may be the case, but it indicates to me that due care and attention have not been taken not only in preparing this Bill but in preparing the many amendments to this Bill. I must protest to the Minister that he should rap somebody on the knuckles for causing him the embarrassment of having to come to the House. This Bill was tabled nearly two years ago. There is a list of, I think, 157 amendments to the Bill, many of them in the Minister's own name, and now he has come in with six further corrections. I must protest at the carelessness of the Minister and his Department in the preparation of this Bill. I do not think it is good enough.
The Standing Order on the matter is Standing Order No. 104 which says:
During the progress of a Bill, corrections of a verbal or formal nature may at any time be made in a Bill by the Clerk under the direction of the Ceann Comhairle. Versional and other corrections shall be made by way of Motion and dealt with as any other amendment.
These are just formal amendments. They have always been made by the Clerk of the House under the direction of the Ceann Comhairle.
With the permission of the Chair, I should like to comment on something which Deputy Mitchell has said.
I do not think that we should debate this matter. It is not a matter for debate.
Just for the record, I accept the Chair's point about a precedent. It is our intention to ensure that as the Bill goes through this House it will be an absolutely perfect Bill.
We hope that every Bill would be.
SECTION 31
Debate resumed on amendment No. 55a:
In page 20, between lines 45 and 46, to insert the following:
"(iii) It shall be of suitable and safe material, and shall be subject to regular examination by a competent person, whose qualifications will be laid down by the Minister.'.".
-(Deputy Mitchell.)
Amendment No. 55a seeks to replace paragraph 1 of section 29 by a new paragraph. The section says:
The Principal Act is hereby amended by the substitution of the following subsection for subsection (1) of section 29:
"(1) Where a fixed vessel, structure, sump or pit of which the edge is less than one metre (39.37 inches) above the adjoining ground or platform—
(a) contains or is likely to contain any scalding, corrosive or poisonous liquid, or
(b) contains or is likely to contain to a depth of more than one metre (39.37 inches) any liquid or other substance or material capable of flowing,
then—
(i) it shall be securely covered or securely fenced to at least a height of one metre (39.37 inches), or
(ii) where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.".
We seek to add:
(iii) it shall be of suitable and safe make and shall be subject to regular examination by a competent person whose qualifications will be laid down by the Minister.
That amendment improves the section.
The purpose of section 31 is to ensure that all practical steps are taken to prevent persons falling into the fixed vessels referred to in this section. The Deputy's amendment is not material to the purpose of this section. The point he is raising seems to be the sort of thing which the EEC are proposing to cover in the constructural provisions of a framework and individual directives on vessels of various kinds. When these relevant directives have been adopted, they will be translated into domestic law here, probably by regulations made under the European Communities Act of 1972. It would be much more desirable that we should wait for the relevant directives to which I have referred. These directives and what they entail will be pretty complicated but will have the object of harmonising European standards. Of course, all our vessels should be properly constructed but, for the purposes of this Bill, the section as it reads meets the requirement.
Amendment, by leave, withdrawn.
Section agreed to.
Section 32 agreed to.
SECTION 33.
Amendment No. 55c is related to No. 55b, so the two may be taken together.
I move amendment No. 55b:
In page 21, line 46, after "shall" to insert "except in cases where immediate replies are required,".
These two amendments seek to provide for emergency conditions. The relevant paragraph in section 33 proposed by the Minister says that a report shall be made within 28 days of the completion of the examination. We seek to add:
Except in cases where immediate repairs are required.
This is an addendum which we propose by amendment 55b.
Amendment No. 55c is related, and we say:
In page 21, between lines 52 and 53, to insert the following:
"(7D) In cases where immediate repairs are required, the person making the report shall inform the Minister forthwith."
I can envisage a situation where something is dangerous and 28 days could leave time for many more accidents to take place. This may not be the best way to deal with the matter and perhaps there are better ways. I am open to suggestions from the Minister as to how we could provide for emergency repairs or repairs which in the judgment of the inspector should be made before 28 days.
As I said to Deputies on the earlier stages of this Bill, it is my intention while Minister, particularly in legislation of this nature, to give every consideration to any amendment submitted, to see its merit or otherwise. In the case of this amendment by Deputy Mitchell, subsection (13) of section 40 of the Factories Act lays down the requirement of 28 days in connection with steam boilers. The purpose of subsection (7) (c) of this section is to make similar provision for the sake of consistency, but this time in respect of steam receivers. There is nowhere near the same possibility, as I know the Deputy is aware, of danger with steam receivers as there is with steam boilers. The 28 days' interval in the case of steam boilers has proved adequate where steam boilers are concerned. It must be remembered that the examination may show that the steam receiver cannot continue to be used with safety unless certain repairs are carried out. Even if it took the Minister 28 days to be informed of the fact it would be a foolhardy occupier who would permit a steam receiver to be used in its unrepaired state during that period, if for no other reason than that he would if insured risk his insurance cover being withdrawn or his premium being raised considerably if the insurance company inspector became aware of what was going on. In not accepting the Deputy's amendment, I am satisfied that 28 days is a reasonable period to give the person who has examined the steam receiver to write up his examination and send a copy of the report, where required, to the Minister.
Amendment, by leave, withdrawn.
Amendment No. 55c not moved.
Section agreed to.
Section 34 agreed to.
NEW SECTION.
Acceptance of amendment No. 56 involves the deletion of section 35 of the Bill as it stands.
I move amendment No. 56:
In page 22, before section 35, to insert the following section:
"35.—Section 74 of the Principal Act is hereby amended by—
(a) the substitution of `performing the normal duties of his employment' for `earning full wages at the work at which he was employed' in paragraph (b) of subsection (1), and the said subsection (1), as so amended, is set out in the Table to this section; and
(b) the addition to the section of the following subsections:
`(5) (a) Where an accident which is notifiable under subsection (1) of this section occurs and causes loss of life to a person employed in the relevant factory, no person shall disturb the place where it occurred or tamper with anything thereat before—
(i) the expiration of three clear days after notification in accordance with this section of the accident, or
(ii) that place has been both visited by an inspector and inspected by him in exercise of the powers conferred on him by the Acts.
(b) Nothing in this subsection shall prohibit the doing of anything by or with the consent of an inspector.
(c) In any proceedings taken in respect of a contravention of this subsection consisting of the doing of any act, it shall be a defence to prove that the doing of the act was necessary for securing the safety of any person.
(6) Any person who contravenes subsection (5) of this section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £150.'
TABLE
Where any accident occurs in a factory which either—
(a) causes loss of life to a person employed in that factory, or
(b) disables any such person for more than three days from performing the normal duties of his employment,
written notice of the accident, in the prescribed form and accompanied by the prescribed particulars, shall forthwith be sent to the Minister.". The first part of this amendment, paragraph (a) of the proposed revised version of section 35, corresponds word for word with the text of section 35 of the Bill as it is drafted at present. That is also, of course, the case with regard to the table which sets out section 74 (1) of the Factories Act, 1955 as amended by paragraph (a) of section 35 in the Bill. Paragraph (b) of the proposed revised version of section 35 represents an addition to the text of section 35 of the Bill as drafted at present. The purpose of the addition is to insert two further subsections, (5) and (6), in section 74 of the 1955 Act. By virtue of subsection (5) no person—this is extremely important—will be permitted to disturb the place where a fatal accident occured or to tamper with anything there until the place has either been visited and inspected by an inspector or three clear days have expired since the fatal accident was duly notified. This prohibition does not apply to the doing of anything by an inspector or the doing of anything by a person with the consent of an inspector. Provision is also made to make it a defence in any proceedings taken in respect of a contravention to prove that the doing of any act was necessary for securing the safety of any person. Subsection (6) makes the usual provision for an offence and the relative monetary penalty. Deputies can accept that this is a strengthening of the purpose of the Bill.
Amendment agreed to.
Section 35 to be deleted and a new section to be inserted.
Amendment No. 57 not moved.
SECTION 36.
I move amendment No. 58:
In page 22, subsection (1), line 46, after "committee," to insert "from time to time".
This is purely a drafting amendment for the information of Deputies. It will be noted that the subsection provides for a three-year-term of office for the safety representative. The purpose of the amendment is to make it clear beyond doubt that the persons employed in the premises concerned may select and appoint a safety representative from amongst their number not only on the first occasion but also every successive third year thereafter should they so wish. It is to remove any possible doubt there may be in respect of that.
Amendment agreed to.
Amendment No. 67 is related to amendment No. 59. The Minister will move amendment No. 59 and amendment No. 67 may be discussed with it.
I move amendment No. 59:
In page 22, between lines 53 and 54, to insert the following new subsection:
"(2) When reasonably practicable a person appointed to be a safety representative shall have had, within the period of two years ending immediately prior to his appointment, experience in the work in which are engaged in the course of their employment the persons with whose safety, health and welfare he is concerned.".
These amendments arise out of discussions with interested bodies. As I said already in the House, these discussions took place between completion of Second Stage and the initiation of Committee Stage. It was put forward both by the Irish Congress of Trade Unions and the Irish Employers Confederation that a requirement for safety representatives and safety delegates to have, if possible, two years experience of the work in question could have beneficial effects as regards the positive contribution to be made by these people in the discharge of their duties. The amendments proposed are designed to cover this point and the House should agree with them.
We fully support them.
Amendment agreed to.
I move amendment No. 60:
In page 23, between lines 7 and 8, to insert the following new subsection:
"(3) (a) The Minister may by regulations assign to safety representatives (in addition to those assigned by this Act) such functions, relating to the safety and health of the persons employed, as may be specified in the regulations.
(b) Before making regulations under this subsection the Minister shall consult with such organisations or other bodies of persons representative of employers and such organisations or other bodies of persons representative of trade unions or bodies analogous to trade unions as he considers appropriate.".
The purpose of this amendment is to give effect to a proposal which was agreed jointly by the two bodies I referred to earlier. The purpose is to empower the Minister to add, by regulations, to the functions already assigned to safety representatives in the Bill as regards the safety and health of persons employed. Before making any such regulations the Minister is required to consult the representative bodies of the employers and the trade unions or analogous bodies.
I welcome this amendment. It is a long time since the Second Stage of this Bill was taken but the House may recall that when we spoke on that Stage we were able to establish that the Minister, in framing and bringing this Bill before us, did not consult with such bodies as the faculty of occupational medicine in University College Dublin or the Association of Industrial Medical Officers. That is why there are so many amendments to the Bill. I welcome the fact that the Minister is granting himself and his successors power to add to the responsibility of safety representatives in the area of safety and health. I welcome also the fact that before he does so he will consult with the bodies concerned, including the trade unions and so on.
While we are dealing with the subject of bodies concerned with safety obviously one such body are the trade unions, as the subsection states. One of the failures of the Bill is that it does not deal a lot more with the responsibility of trade unions and individuals in the matter of safety. The temptation is there not to observe restrictions necessary for safety. Trade unions could be encouraged to observe regulations and introduce into their procedures a system where every collective agreement is vetted for its implications for safety and health. Very often a clash of interest arises between earnings and productivity on the one hand and safety and health on the other. Too often earnings and productivity win. That is because workers are interested in the few bob. To balance that there might have been included in the Bill some incentive to the unions to appoint safety officers of their own or some provision to encourage more active participation by trade unions in the area of safety and health.
Amendment agreed to.
Amendment No. 69 (a) is cognate on amendment No. 60 (a) and may be discussed with it.
I move amendment No. 60 (a):
In page 23, lines 18 to 20, to delete all words from and including "which is" in line 18 down to and including "an accident" in line 20.
Section 36 (5) states:
On a request being made by him in that behalf, the safety representative shall be entitled to accompany an inspector on any tour of inspection of the relevant premises (or on any part of such tour) made by the inspector in the course of duty which is not a tour of inspection made by the inspector specifically to investigate an accident,
Progress reported; Committee to sit again.