Dáil Éireann debate -
Thursday, 23 Oct 2003

Vol. 573 No. 2

Written Answers. - Proposed Legislation.

Eamon Gilmore

Question:

60 Mr. Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Government accepts the recommendation made in the recent discussion paper from the Law Reform Commission that there should be a new offence created of corporate killing; if it is intended to introduce appropriate legislation; when this will be done; and if she will make a statement on the matter. [24473/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey):

The recent consultation paper of the Law Reform Commission recommends that a new offence of corporate killing be established which would be prosecuted on indictment, without exclusion of any entity whether incorporated or not. This offence would apply to acts or omissions of a high managerial agent, which would be treated as those of the undertaking.

Both the Tánaiste and I have welcomed the launch by the Law Reform Commission of the public consultation document.

The consultation paper is being considered by me in the context of a review of health and safety legislation at the workplace which is nearly complete after which I hope to get Cabinet approval to publish a new health and safety Bill in the near future.

We are now proceeding to discuss with the Office of the Attorney General the inclusion of such a provision in the new legislation that is currently being prepared.

Eamon Gilmore

Question:

61 Mr. Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment when she expects to publish the long promised legislation to increase penalties for breaches of the health and safety legislation, especially having regard to the continuing level of accidents in the construction industry; if her attention has been drawn to the serious concern expressed by the trade union movement, and especially those representing construction workers, at the delay; and if she will make a statement on the matter. [24474/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey):

A review of health and safety legislation in the workplace is currently nearly at an end and I am preparing a new Safety, Health and Welfare at Work Bill updating the Safety, Health and Welfare at Work Act 1989 which will also provide for higher penalties, including imprisonment and the introduction of on-the-spot fines, for a range of breaches of the health and safety legislative code by either employers or employees.

I will be going to the board of the HSA with legislative proposals as soon as the review is completed and I will be also asking the social partners for their views after which I will seek Government approval to publish the Bill.

When my Department set out to draft this Bill following receipt of the report and recommendations of the Health and Safety Authority, it was envisaged that the Bill would be ready for publication by the end of this year. The Bill is a fundamental review of health and safety legislation, the first in over 20 years since the Barrington report in 1983, and as such I have decided that the social partners should be consulted before publication. This fact, combined with other pressures on time in my Department, will mean that it will not be possible to publish the Bill until some time into next year, 2004.

I am always concerned at the rate of accidents in the workplace and I have pointed out the need for radical action to bring this down. There was an overall total of 61 fatalities in the workplace recorded last year, of which 21 occurred in the construction industry and 13 in farming and forestry. The number of fatalities for the first nine months of 2003 is 49, of which 12 occurred in the construction industry and 16 in farming and forestry. New legislation of itself will not bring major changes to the workplace.

What is needed is vigilance and safe practices combined with employers and employees alike taking their responsibilities as to safety seriously.