Dáil Éireann debate -
Tuesday, 9 Dec 2003

Vol. 576 No. 5

Priority Questions. - Health and Safety Regulations.

Brendan Howlin

Question:

59 Mr. Howlin 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. [29993/03]

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

Legislative proposals to repeal and amend the Safety, Health and Welfare at Work Act 1989 have been developed at departmental level. The Office of the Chief Parliamentary Counsel is undertaking a process of legal drafting in that regard. Although drafting is at an advanced stage of development, it is a long and complicated process because it involves a detailed revision of the legislative occupational health and safety framework. Consultations between officials of the Department of Enterprise, Trade and Employment and the Office of the Chief Parliamentary Counsel are ongoing. I expect to be in a position to introduce a safety, health and welfare at work Bill in 2004, perhaps in March or April. I intend to consult the social partners before any such Bill is published.

Mr. Howlin:

I will try to keep my remarks in line with the Chair's admonition to Deputy Hogan. Those listening to the proceedings of the House will consider it totally unacceptable that the Minister of State has said it has taken two years to bring forward a Bill, which relates to matters of life and death, because it is long and complicated.

Has the Minister of State been in contact with representatives of the 3,000 building workers who staged a mass demonstration outside this House almost a year ago to demand this legislation? How many inspectors are in place to enforce the existing legislation? How many inspections have been undertaken this year to date?

Mr. Fahey:

It is a complicated Bill which will run to several hundred pages. The fact that it is taking so long is a cause of concern to everybody. It is a good Bill, however, as it will provide for a significant number of improved sanctions. There will be increased fines, including on-the-spot fines.

I regularly meet members of the construction safety partnership, which includes representatives of unions and employers in the construction sector. Not only do we discuss the contents of the new Bill on an ongoing basis, but we also consider health and safety matters. I am glad to say that there have been improvements this year. The number of fatalities is not as high as it was last year. All partners in the construction sector are making a significant effort to try to ensure that there are reductions in the numbers of fatalities and accidents in the workplace. Some 100 health and safety officers are active at present. It is difficult to quantify the exact number of inspections because inspections of various types take place all the time. It is impossible to put a figure on it.

Mr. Howlin:

I find it alarming that the Minister of State has expressed anything but dismay at the continuing high number of fatalities. Can the Minister confirm that the number of fatalities last year was 61 and that the equivalent figure for the first nine months of this year is 49? There has not been an significant reduction. Does he feel that health and safety, which is a matter of life and death for workers throughout the country, should be his priority? Is it possible for the cross-departmental team, which examines and monitors legislation, to ensure that the Bill is brought before the House before March or April of 2004?

Mr. Fahey:

The Deputy's initial question related to the construction industry, in which there were 22 fatalities last year. I have said on numerous occasions in the House that it is a serious matter any time there is a fatality in any workplace.

Mr. Howlin:

What is the fatality rate in the construction industry so far this year?

Mr. Fahey:

There have been 11 deaths in the construction industry so far this year. Four county council workers involved in various types of construction, or construction-related activity, have died. Four members of the public have died in the workplace. Last year, 22 people who were directly involved in the construction industry died. The Deputy may recall that there were several fatalities this time last year, but there have been reductions this year. I agree that any fatality is one too many. We have to work to ensure that the significant effort being made by all parties at present is continued.

It is not possible to bring the proposed safety, health and welfare at work Bill to the House before March or April of next year. The Deputy is aware that the Office of the Chief Parliamentary Counsel, which is involved in the process, has a significant workload at present. The legislation is being delayed for that reason.