I take it the Minister is taking the first item on carer's allowance?
Topical Issue Debate
Social Welfare Benefits
I do not seem to have the response yet. Is it possible to proceed? I understood the Minister of State at the Department of Health, Deputy Lynch, was to take this matter.
I must call on the Deputies first anyway.
I will take it, because we are returning to the Bill after a short while.
I call on Deputy Donohoe.
The Minister of State, Deputy Lynch, is here now.
I welcome the Minister of State. The issue I am raising is the delay in the processing of applications for carer's allowance and carer's benefit. I have been contacted by a number of constituents who have made applications, and all they want to know is the status of their applications. This is highly reminiscent, unfortunately, of the difficulties that were encountered in the processing of medical card applications. The two situations have another thing in common. The reason these constituents applied for carer's allowance or benefit in the first place was that there was a change in their circumstances and they needed the money. Applications tend to be made at times of particular vulnerability or stress, and that is only added to by the way in which these applications are currently being handled. I know the Minister of State and her Department are seeking to make progress in this regard but an answer I received in early March to a parliamentary question acknowledged that 53,000 people were in receipt of carers' payments, an increase of 60% over the previous five years. At present, 7,800 people are registered and awaiting decision. In her answer, the Minister of State acknowledged this was unsatisfactory and stated steps had been taken in this regard. I am aware of the details in regard to the large overhaul taking place in the IT systems that administer this area. The Government and the Department of Social Protection are seeking to give this project very high priority so that they can respond promptly to a backlog they acknowledge is unacceptable.
In the few moments I have, I re-emphasise the upset this is causing people and I ask the Minister of State to do all she can to ensure the new processes are put in place in order that we can deal quickly with and answer the people who are making applications. I acknowledge the answer to the parliamentary question I submitted stated that particular resources were to be put in place until June 2012 that would ensure the best possible system. I ask that this process be accelerated. As was the case with the delay in regard to medical cards, undue worry is being caused to people. I am sure that with proper focus this can be handled in a far better way.
I thank the Ceann Comhairle for selecting this topic. Most of us look at the cases that come before us in our constituency offices and see trends. There is no doubt that every week we are seeing increasing numbers of people coming in with concerns about carer's allowances. An applicant can expect to wait for eight months, which seems to be the average time before the application is reviewed or a decision is made. If one is refused, as a very large number of people are, with one third of the refused applications being overturned on appeal, it will be 14 months to 18 months from beginning to end when the appeal is included.
One cannot talk about home care packages and people being inappropriately referred to nursing homes if one does not look at the nuts and bolts of what is happening in this area. I had two cases this week which illustrate this point very well. A man came to me who is caring for both his father and his mother. One consultant said of the father: "He is wheelchair-bound, I am booking him for extensive revision surgery. He may well remain permanently in a wheelchair." The second consultant said the father was completely unable to take care of himself for the foreseeable future and were it not for his son looking after him for the previous five months, he would have required institutional care. That man was refused and the case is on appeal. How can anybody refuse such a case where consultants are being second-guessed and that kind of information is on the file? It is mind-boggling.
The second person I met had a sister who is caring for both her mother and her brother, who is in a wheelchair, has an invalidity pension and is visually impaired. Her sister was formerly paid a carer's allowance. Between them they wanted to swap the allowance from one sister to the other, who had stopped working in order to do this. She was refused on the basis that her mother was not incapacitated enough. There was no mention of her brother even though both persons were included on the same application form. I submitted a parliamentary question asking how one can appeal on behalf of one person when there are two people on the same application form.
There is something chaotic going on in the Department, particularly in regard to the carer's allowance. I echo the point made by Deputy Donohoe. It is most reflective of the kind of chaos that happened in regard to medical cards. That situation has improved substantially but this one needs urgent attention because it is chaotic at present.
Currently, there are approximately 52,000 recipients of carer's allowance. Of these, approximately 22,000 are in receipt of half-rate carer's allowance in addition to another primary social welfare payment. The rates of payment were maintained for carer's allowance in budget 2012 and no changes were made to the means test for carer's allowance. The current income disregards for eligibility for the allowance, which are the most generous in the social welfare system, are €332.50 per week for a single person and €665 per week for a couple. The increased payment for those caring for more than one person was also retained. In addition, carers continue to get an annual respite care grant of €1,700 in respect of each person for whom they care.
The number of people claiming carer's allowance and carer's benefit has increased from 21,000 to 52,000, or about 250%, over the past ten years and the rate of receipt of new claims continues to remain at high levels. There are currently approximately 7,800 new applications registered and awaiting a decision, with approximately 330 new applications being received each week. This increase in claim-load has imposed significant demands on the Department's processing staff both with regard to processing new claims and paying and maintaining the increased stock of beneficiaries. In order to meet the challenge of increased volumes of new claims for its schemes, the Department has embarked on a major programme of process redesign and modernisation, including the deployment of new computer systems. This new processing system is being introduced for the carer's allowance scheme, with the first tranche of new carer's allowance claims under the new system processed in August 2011.
It is anticipated that the new system will, when fully rolled out, introduce significant processing efficiencies and a quicker and more responsive service to the customer. Accordingly, the project is being given high priority and involves a significant level of time and commitment from the relevant staff in the Department. This has had a short-term negative impact on claim processing times which is expected to continue until the completion of the modernisation project in June of this year, when all existing carer's allowance claims will be transferred onto the new processing system. Accurate processing time figures are not available at present as applications are still being processed on both the old and the new computer systems. The average time to award an application at present is estimated at around 28 weeks. I know it can sometimes be longer.
I acknowledge that this is unsatisfactory but I am satisfied the Department is taking all steps available to it to resolve the issue. In addition to the deployment of new systems which should address service levels in the medium term, the Department is allocating additional resources in the form of overtime working to help reduce backlogs that have built up. In addition, approval has recently been given for the assignment of temporary staff to expedite the reduction of the backlogs. However, it is expected to be a significant number of months before the backlog is reduced to an acceptable level. Although the new systems and processes will facilitate a significant improvement in overall processing times, it should be noted that individual claims may continue to take some time to process. Delays can also arise if those applying for the allowance are not in a position to supply all the necessary information in support of their claim. Sometimes this is not the case.
In the meantime, if a person's means are insufficient to meet his or her needs, the community welfare officer should step into the breach. I am sure all Deputies know this. With regard to carer's benefit, there are currently 488 new applications on hand and the current average processing time is approximately ten weeks.
I thank the Minister of State for her response. She emphasised the point made by Deputy Murphy, namely, that this is causing great worry and upset for people who are already worried and upset because there has been a change in their circumstances. Otherwise they would not be applying for this allowance. They come into my office and contact me with a regularity and a frequency which indicate we have a severe challenge that must be addressed.
I welcome what the Minister has stated in regard to the steps being taken. Does she agree that the current average waiting time of 28 weeks, even on the current system we are looking to replace, is completely unacceptable? I urge her to do everything possible to accelerate this project. I welcome that additional staff are being brought in to deal with the backlog but we must do all we can to help these people because massive undue stress and worry is being caused.
There are two criteria a person must meet, first, income and, second, medical eligibility.
In some cases it is easy to determine income eligibility but it beggars belief that some of the cases are turned down on medical eligibility and adds to the workload of the Department. The two cases I referred to came in last week. I did not pick them out because they are optimal cases.
There is a review of the fair deal scheme under way at the moment and the Minister for Health referred to inappropriate referrals to nursing homes. We cannot talk about the fair deal scheme if support is not in place. A person may require carer's allowance next Monday because someone has a stroke or an illness, which is not something someone can plan for. In my experience, 28 weeks is short and it is substantially longer than that in a large number of cases. I do not believe the average is 28 weeks but, with two systems, it is not possible to calculate it. It is welcome that people will work on the backlog but this must be regarded as a crisis.
I agree substantially with what the Deputy said. The figure of 28 weeks is probably a low average but it is not possible to get the true average when there are two systems. Additional staff is being allocated to this work and, along with overtime and the new system them, this will have a significant impact.
Deputy Catherine Murphy has been working in the public interest for long enough to know that, as politicians, we cannot interfere with medical criteria. I understand that some matters defy belief but if we give experts - particularly medical experts - a particular job and set criteria, we must allow them to do their jobs. We cannot interfere in that area and it is only in the processing of claims that we can have an impact.
Television Reception
I acknowledge the presence in the Chamber of the Minister for Communications, Energy and Natural Resources, Deputy Rabbitte, to hear this presentation. The analogue television system is changing and we are moving to Saorview. The Minister has spoken in the House and responded to parliamentary questions on this topic from my colleague, Deputy Brendan Griffin. It is a big issue for people in west Cork and west Kerry in particular. RTE and Saorview have written to me confirming that 98% of the people in the country will be able to avail of the new service but 2% will not. Unfortunately, for those in west Cork and west Kerry, that 2% is primarily in our bailiwick and we are not satisfied.
An alternative arrangement is Saorsat, providing television services to the 2% not covered by Saorview. In total, 120 locations will be affected. Saorsat incurs significant costs for homeowners who wish to avail of it. Each household must pay €300 for Saorsat in comparison to the costs of those using Saorview. That amounts to three times the household charge foisted on many of my constituents in west Cork.
In addition, viewers will not receive the same service because they can only avail of two channels – RTE 1 and RTE 2 - and will not receive TV3 or TG4. The area has a proud sporting tradition, to which west Kerry has also contributed, and a language tradition so it is particularly ironic that we cannot receive TG4 in west Cork and west Kerry. It is a damning indictment of the proposals before us.
It is discriminatory that my constituents must pay an additional €300 when they will receive only half the service provided to their counterparts in the rest of the country. I appreciate that the Minister will say this is an operational matter for RTE but we know the relationship between the State and RTE. Furthermore, the licence there has been paid for years by the good people of Ireland. In west Cork, we have had many issues with RTE reception over the years. In Leap, a village near where I live, people fought for 20 years to get the RTE service. I was a teacher in Leap national school and one of the first essays I gave the children was on what the arrival of TV3 meant to them. I received a string of letters the next day welcoming me to Leap and telling me that they had only just received RTE 1 in the past six months. They spent 20 years trying to get the RTE service and fighting the good cause. They raised funds and had their own aerial erected eventually. RTE came on board eventually but now these people are being cut off. I plead with the Minister to talk to RTE about this matter, which involves cost. I do not want to see my constituents discriminated against.
I thank Deputy Jim Daly for raising this matter, which is undoubtedly a challenge and an issue on which we are focusing much attention. I am not setting out to deprive the children of Leap of their access to television; rather, the signal is being switched off across Europe and we do not have a choice in the matter. The challenge is to manage efficiently the switch off and the move to digital.
RTE has built, owns and controls the Saorview TV network and is responsible for the roll-out, coverage and operation of that network. This is in accordance with Part 8 of the Broadcasting Act 2009, which provides that the development of the RTE network is an operational matter for RTE and therefore not one in which I, as Minister, have a function. However, I have had enquiries made in regard to the situation in west Cork as raised by the Deputy and can now provide the following information. Section 130 of the Broadcasting Act 2009 Act provides that RTE must roll out a national digital TV network to the same extent as its existing analogue network. In this regard, I understand from RTE that the analogue network covers 98% of the population and the Saorview network will also provide 98% population coverage.
Work has been ongoing across the country to prepare the transmission sites for the move from analogue to digital terrestrial television. However, it is virtually impossible to cover 100% of the population by terrestrial means. Reasons for this include local topography, for example. While cover from a terrestrial network can never reach 100% of the population, RTE is conscious of the needs of communities and is making efforts to ensure areas with larger population centres are provided with the Saorview service. These areas include Glenties, Bandon, Carlingford and Dingle.
In addition to Saorview, RTE has developed Saorsat, a new free-to-air satellite service unique to Ireland to ensure the RTE television services are available to the remaining 2% of the population. Currently, Saorsat provides access to the RTE channels. TG4 will be available shortly. TV3 has not yet made a decision on carriage of the service. As soon as the decision is made, I will let the House know. RTE is not obliged to provide this satellite service and is doing so on its own initiative. I am informed that with this satellite service, Ireland will have a national TV network covering 100% of the population for the first time.
To provide further clarification to the House, I have been informed by RTENL that certain parts of Ireland, including west Cork have been serviced by transposers, self-help community systems and deflectors. These are not being replaced or upgraded by RTENL. Also, the license for the analogue system on which these community systems, transposers and deflectors operates expires at the end of 2012. Homes that currently receive television signals from these systems will have to adjust their aerials to point to a Saorview transmission site and some homes may need to use Saorsat. Should the Deputy have further questions about specific areas, I am happy to pass them on to RTE on his behalf. Information on coverage is available from the dedicated Saorview website www.saorview.ie. Information on Saorsat is available on www.rtenl.ie.
I appreciate the Minister's response and thank him for coming into the House to deal with this issue. The challenge I wish to bring up is that while nationally 98% of the population is unaffected by this, unfortunately in my area 98% of the people will be affected and only 2% will not be affected. The inverse applies in my area and that makes the situation difficult to deal with.
I appreciate the Minister's response, it contains some helpful pointers. It is progress that TG 4 will become available. I will take up the issue of some of the deflectors in the area with RTE, but there are additional costs and many people will end up having to get the Saorsat service. The majority of my constituents who will have to get the Saorsat service will have to fork out an additional €300 or go to SKY, where the basic package is approximately €288 a year. Therefore, it is much of a muchness financially. My constituents will be at a big disadvantage when this happens, but that is not what I wish to see for them. I thank the Minister for his response and will take him up on the offer to engage in further communication on this.
There are technical and topographical obstructions in the way of 100% coverage and I have sympathy for those in the situation described by Deputy Daly. I have asked RTENL to look constructively at this issue and at the problems arising, before the switch-off takes place, with a view to seeing what can be done for the viewers to whom Deputy Daly refers. As a result of him raising this issue today, I have asked RTE for an overview report on coverage in Cork and I will be happy to share that with Deputy Daly when it comes to hand. The Saorview network will cover virtually all - but not all - properties in the country. What is true of the digital network is also true of the analogue network, which did not cover 100% either. Saorsat is there as a fallback or fill-in solution to reach areas the network cannot reach.
Saorview and RTENL held an open day briefing for all Deputies and Senators a couple of weeks ago in a venue adjacent to this building, but, unfortunately, the event was not well attended. I do not know whether that was because it was not well advertised or because Members were otherwise busy. Perhaps that event should be repeated if colleagues feel it is necessary. It is important to acknowledge that RTE is putting an investment of some €70 million into this initiative. One would not have been able to rely on the private sector to invest that kind of money in coping with the switch-off across Europe. This is a good example of how a State company can provide essential infrastructure in circumstances where similar investment would not be forthcoming from the private sector.
Flood Relief
I appreciate the attendance of the Minister of State, Deputy Brian Hayes, in the Chamber.
I want to bring to the attention of the Minister of State the level of panic heavy weather warnings bring to areas in my constituency and others. My colleague, Deputy Kevin Humphreys, from Dublin South-East has said the same. Heavy weather warnings have been issued for today, but by 2.15 p.m. Dublin City Council had downgraded the threat. That said, areas across Dublin city and throughout the country have major flooding flashpoints whenever heavy rainfall occurs. In my constituency, areas such as Artane, Coolock and Donnycarney are at risk and in the past 18 months I have witnessed the same families being moved out of their homes on a number of occasions. When we have heavy rain warnings now, panic ensues and people contact local authorities to see what plan is in place. They also contact their local representatives to find out whether there is a plan in place. It is disconcerting that families have to huddle around radios and televisions for the weather forecasts in their worry about where they may end up living the following week.
I accept that the responsibility in this regard falls to the local authority but I hope the Minister of State will address the issue. Is he satisfied that the various programmes that have been outlined by his Department for flood relief and flood risk assessment have been rolled out? Is he satisfied that in terms of the local authority response, his Department and the Department of the Environment, Community and Local Government give adequate support to that response? It is only when one is faced with the chaos of a flooded street or home that people quickly realise that despite the bravery of local council workers and the fact they work around the clock and they put their own safety in danger, resources and plans should be in place that automatically come into play when these situations arise. Are there weather alerts that will ensure these plans will be activated and that the various agencies will know how to respond?
I am aware the local authorities are responsible for these issues but they are concerned with the long-term strategic view and plan of the Government, which is to ensure that investment is put into infrastructure in local areas so as to ensure when there is heavy rainfall - which may be a climate change issue to which we must get used - local authorities are fully equipped to deal with that. Not alone that, we must ensure the State has taken its responsibility seriously and has made the interventions and investments required to correct any flood risks that exist.
I urge the Minister of State to respond to these points. We cannot allow a situation where some of our citizens are terrified at the prospect of heavy rainfall. This is what I face this week for my constituents. They want to know that they will not have to live under this cloud. There are other implications to this, such as house insurance. The Minister of State has been proactive previously in dealing with the Irish Insurance Federation on this but people whose houses are continually flooded cannot get house insurance. Incoming buyers will not get insurance either, rendering the property effectively worthless. This is the situation I face in my constituency and other Deputies face the same. I would appreciate a response on this.
I thank the Deputy for giving me the opportunity to address the House regarding the action being taken to deal with flooding and on the activities of OPW to reduce future flood risk. The Office of Public Works was designated by Government as the lead agency to implement the national flood policy and to deliver on the requirements of the EU floods directive dealing with management of flood risk. In this role, the OPW works closely with other State bodies, including local authorities. However, the principal response agencies for major emergencies, including flood events, are the Garda Síochána, the HSE and the relevant local authorities. In such emergencies, the OPW provides assistance to these agencies if requested to do so, often in the form of technical input or the supply of equipment. The local authorities and other agencies will have made preparations to respond appropriately and quickly to any flooding incidents arising from the rainfall experienced in the south and east of the country today and with further rain expected tomorrow.
Since the severe flooding event in the city and the east coast in October 2011, a working group of relevant agencies, including the OPW, was established under the aegis of the Department of the Environment, Community and Local Government, to carry out an in-depth review of emergency response procedures actions and mechanisms, with a view to identifying improvements within the emergency framework. The Government task force in emergency planning has been briefed on the group's draft report which will shortly be submitted to Government for its consideration.
The OPW principal areas of activity for dealing with flooding include (1) major capital works schemes; (2) minor coastal and non-coastal schemes; (3) national catchment flood risk assessment and management, CIFRAM, studies; and (4) arterial drainage maintenance. The total allocation included in the OPW Vote in 2012 for the above flood relief programmes is €60.78 million. Under its major capital works programme, OPW currently has nine major flood relief schemes at construction stage. It is expected that another six schemes will commence construction before the end of 2012, subject to completion of procurement and other preparatory formalities and availability of funding. There are also a further 11 schemes at various stages of design and planning. Approximately €29 million is expected to be expended on all of these schemes during the course of the year.
Under the minor works and coastal protection scheme, OPW provides funding to local authorities for smaller scale, more localised mitigation measures they may wish to undertake in their areas. It is open to any local authority to submit an application to OPW for funding under the scheme. The standard application forms, guidelines and eligibility criteria, are available on the OPW website. Each application will be assessed in accordance with the criteria now in place and having regard to the overall availability of financial resources for such works in 2012. To date this year, funding of almost €1.5 million has been approved under the scheme for 13 local authorities in respect of 36 projects. Total funding of €21.4 million was approved in 2010 and 2011 combined, for 32 local authorities in respect of 265 projects. The relevant local authority is responsible for the procurement, planning, detailed financial management and day-to-day implementation of all aspects of the projects approved under the scheme. Local authorities are continuing to undertake a number of the projects approved in 2010 and 2011 and are expected to commence further projects in 2012.
In addition to the specific flood relief works, OPW is continuing with a major national initiative to systematically identify, assess, document and report on the most significant flood risks throughout the country. This is the ongoing CIFRAM study. Under the arterial drainage maintenance programme, OPW will continue in 2012 to undertake ongoing maintenance of completed arterial drainage and flood relief schemes.
In conclusion, I wish to assure the House of my commitment, and that of the Government to ensuring that the strategy currently being implemented by OPW and other agencies to reduce national flood risk throughout the country will continue despite the unprecedented budgetary constraints and pressures.
I thank the Minister of State for his reply and I thank the Ceann Comhairle for allowing this matter to be raised. I have some questions about how the OPW is assessing climatory change and the risk of flooding in the future. I am delighted to note the level of investment at a national level. I know he joins with me in sympathising with residents who are concerned about weather reports. I ask the Minister of State to provide an update on his discussions with the Irish Insurance Federation regarding the difficulties in obtaining house insurance experienced by residents whose homes have been affected by flooding.
I thank Deputy Ó Ríordáin for raising this very important matter. I understand the heightened state of fear that exists particularly along the east coast, given the substantial rainfall expected over the next few days and given that last October, this city experienced a flooding calamity in various parts of the city. People are understandably frightened. I wish to assure the Deputy, however, that the Dublin city authorities have taken a number of actions to deal with the situation. There have been recent inspections of all river schemes to ensure drainage systems are operating fully. Closed circuit television systems are used to identify problems in the city. The roads department is monitoring the network and will mobilise if necessary. Dublin fire brigade is on hand to respond if required. Additional staff have been placed on standby. We have learned lessons from the events of last year. Local authorities in Dublin and elsewhere have been working with the Government to prepare an immediate response if this is required.
The Deputy has raised the important issue of climate change. The CIFRAM study will identify 250 hot spots around the country which have experienced historic and more recent flooding. This study is mapping the entire country segmented into six regions. When this is completed we will be in a better position to use resources and to avoid the planning and development mistakes which were made in some of those flood plain areas.
In reply to the Deputy, I have had two meetings with the Irish Insurance Federation and I have instructed my officials and the Irish Insurance Federation to produce an agreement on first principles, particularly with regard to residents who do not have flood insurance but where a flood defence has subsequently been installed. This is not acceptable and I have made this patently clear to the insurers. I hope they will take this opportunity to reach an agreement with the Government on a set of guidelines and principles as has happened in other jurisdictions and with regard to expenditure and the completion of insurance premiums. If people cannot get insurance in areas where a flood defence has been installed, I want to know about it because the Irish Insurance Federation has informed me that insurers do not currently note a demand. Our hand will be strengthened by having more information when negotiating with the insurers.
Workplace Deaths
I wish to share time with Deputy Dessie Ellis. I thank the Ceann Comhairle for selecting this matter. The Ceann Comhairle may not be aware that next Saturday, 28 April, is workers' memorial day. Figures I have received this morning indicate that since 2008, a total of 216 people have died in the workplace. There has been a gradual increase year on year. In 2010, 48 people died; 54 people died last year and so far this year, 14 people have died in the workplace. Considering there has been a decrease in the numbers employed this increase needs to be dealt with by the Government. There is no doubt that some employers are disregarding health and safety standards and procedures in the workplace. More often than not, this is the interests of chasing profits and we have seen the consequences. In 2005, the Law Reform Commission reported on the need for criminal liability in the area of corporate manslaughter. Sinn Féin published a corporate manslaughter Bill in 2007. Before it fell at the last general election, the previous Government was examining the introduction of legislation to address this area. It actually published the heads of a Bill which sought to introduce two new offences. One concerned the area of corporate manslaughter which would give effect to criminal liability against corporate entities, while the other concerned management causing death, which would have held individuals responsible.
Will the current Government pursue that legislation, or is it planning to introduce its own legislation to address this matter? We are one of the few remaining EU countries which does not have legislation on corporate manslaughter.
In the lead up to Workers' Memorial Day, it would be a good step for the Government to take on board the Law Reform Commission's recommendations and bring forward legislation to rectify this matter.
The purpose of Workers' Memorial Day is to remember the dead and fight for the living. It is a memorial to remember all those killed through work, while at the same time ensuring that such tragedies are not repeated. The best way to do this is to ensure better health and safety in addition to stricter enforcement with higher penalties for breaches of health and safety laws in the workplace.
Figures for workplace fatalities in the Twenty-six Counties are increasing, even though construction figures are at an all time low. We have a large amount of unemployment. It should be worrying for workers and their families, trade unions, employers and the Government that unsafe practices have increased despite the economic climate. So far this year, 14 people have died in the workplace.
More stringent health and safety regulations are long overdue. Sinn Féin has consistently argued the case for the urgent introduction of legislation that will put corporate killing on a statutory footing. When the figures are analysed, one has to ask why such legislation has not been introduced.
It is not unreasonable to assume that some employers may take a cost-benefit approach to the implementation of health and safety requirements in the workplace. For example, it may cost more to arrange a safer traffic management system in the workplace, or to replace damaged machinery, than to pay a fine that would be imposed on the offending company should the death of an employee occur on the job. While this may seem a cynical opinion of companies, it is not without warrant.
It should not be the case that a company responsible for the death of a worker through its own negligence can argue that any fine imposed is unduly severe. It hardly acts as an incentive for companies to comply with the inadequate health and safety legislative requirements that currently exist. A system that allows reckless employers to get off scot free for the death of an employee must not be allowed to continue. The possible prosecution of individuals could be the key to reducing workplace deaths. Checks and balances are required to ensure that all possible steps are taken, including keeping safety equipment and signage up to standard.
I have been asked to address this matter in the absence of my colleague the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, who is abroad on Government business.
The health, safety and welfare of persons at work can be considered a fundamental right for all workers and, as such, is governed by a comprehensive body of primary legislation. The responsibilities on employers and employees are clearly set out in the Safety, Health and Welfare at Work Act 2005, and these can be summarised as the provision of a safe place of work by an employer and the taking of reasonable care towards one's own safety and the safety of others while at work by each worker.
The protection of workers in the workplace is recognised at all levels, from the United Nations by way of the work of the UN's International Labour Organisation; at EU level through a multitude of occupational safety and health directives based on the so-called Framework Directive in this area; and finally in our own domestic legislation.
The Safety, Health and Welfare at Work Act 2005 updated and replaced the earlier 1989 Act under which the Health and Safety Authority was established. The authority supports the maintenance of a safe and healthy workplace for all workers. Its functions under this Act include:
• the promotion, fostering and encouragement of health and safety in the workplace;
• providing frameworks that support the prevention of accidents in the workplace; and
• the provision of education and training on health and safety in the workplace.
The Health and Safety Authority also has responsibility to enforce the national provisions of occupational safety and health legislation, which it does by inspecting, advising and where necessary prosecuting those in charge of a place of work for breaches of the legislation.
The maximum penalties under the 2005 Act amount to €3 million and or two years' imprisonment. Prosecutions have taken place at the behest of the authority where inspections or investigations have demanded this. Such prosecutions have generally centred on employers who have failed to ensure the provision of a safe environment for their employees and where this failure has led to a fatality.
In this regard, it should also be noted that under the Safety, Health and Welfare at Work Act 2005, managers and directors can be made liable and proceeded against directly for failures. This has happened in a number of cases involving fatalities.
Unfortunately, there have been workplace deaths for as long as there have been workplaces. To address such fatalities, and indeed the far-too-many injuries that can occur in workplaces, successive Governments have introduced legislation to enable workers to carry out their jobs in as safe a way as possible.
Over the last five years, including the early months of this year, 216 workplace deaths have been recorded by the HSA. Every single workplace fatality is a personal, family and workplace tragedy that deeply affects many people. Over the course of that period, by far the worst affected work areas have been agriculture and construction, representing over 50% of the total. Each death is a terrible tragedy and the Government continues to work in tandem with the Health and Safety Authority as well as trade union, employer and farming bodies in particular to work towards ever safer workplaces.
Overall, the Minister for Jobs, Enterprise and Innovation and the Health and Safety Authority are satisfied that current occupational health and safety legislation contains sufficiently robust provisions to deal with serious breaches by employers of their duty to provide a safe place of work for employees, or by employees behaving recklessly. Nonetheless, Government and all players continue to work in partnership to continue to pursue ways and means of improving workplace safety on the ground.
The Law Reform Commission's 2005 report on corporate killing recommended an offence of corporate manslaughter, to which the Deputies referred, addressing corporate entities and a derivative offence of "grossly negligent management causing death", which could be addressed at high managerial agents within a company.
Arising from this a Government decision of December 2010 approved the drafting by the Minister for Justice and Equality of a General Scheme of a Criminal Justice (Corporate Manslaughter) Bill to implement the principal recommendations in the report. An interdepartmental working group, chaired by a retired Secretary General of a Government Department, was established to conduct a regulatory impact analysis of the proposals. It is expected the working group will complete the required RIA by the end of this year.
Workers' Memorial Day is a day of remembrance for workers killed, injured or made ill by their work. In 2001, the International Labour Organisation recognised Workers' Memorial Day. The ILO announced 28 April as an international day of action for safety and health at work, which is an annual international campaign to promote safe, healthy and decent work around the globe. It is a memorial day the Government wishes to be associated with and I understand the Health and Safety Authority will be involved in marking the day here in Ireland.
I do not agree with the Minister of State's analysis that the current legislation is sufficiently robust. He referred to the 2005 Act, but I would like to know how many people have been prosecuted under that legislation. I will get the answers through tabling a parliamentary question. How many people have received the maximum penalty of two years imprisonment or a fine of €3 million? I am sure when I get the figures I will see a difference between the number of people brought to book compared to the number of deaths. With regard to the Law Reform Commission the Minister of State spoke about the impact analysis being done and which it is hoped will be completed by the end of the year. Is it the intention of the Government to introduce legislation to give effect to the Law Reform Commission's report or will it be dependent on the impact analysis being undertaken?
It is very disappointing that in 2005 the Law Reform Commission's report recommended the introduction of an offence of corporate manslaughter but in 2010 the Government established an interdepartmental working group to report back. This is a very long time. We should be pressing this issue as it is urgent. In my constituency of Dublin North-West there were two fatalities, a worker and a child, as a result of bad practices during the regeneration of Ballymun. Given the effect this is having on families we need to work on it as quickly as possible.
I congratulate both Deputies for raising this matter. I suspect most people are not aware that 28 April is a day to mark better health and safety practices in the workplace. I congratulate both of them for raising the matter and highlighting it on the floor of Parliament. They are absolutely correct that there is a responsibility on the Government to respond to a long-standing report which came to a clear conclusion on the issue of corporate manslaughter. On coming into office the Government gave a very clear commitment that where we introduce new legislation at the very least we would do a regulatory impact statement on its effects. I understand from the Minister, Deputy Bruton, that this is ongoing. An interdepartmental group is working on it which expects to conclude at some stage over the next while. I presume the conclusion of this will be one way or the other whether we want to legislate. I will not speculate on what the outcome will be. I assure both Deputies the Government is taking the issue very seriously and we would not have established an interdepartmental group were this not the case.
It is very important to mention the extraordinary costs for the State associated with bad practice of work safety. I refer to the terrible and horrendous injuries that can be caused to workers in the course of their duties. The State must pick up the tab for this. This is a much wider issue. It is not just about the appalling tragedy for families who lose loved ones in terrible accidents. It is also about the enormous and ongoing costs the State must bear because of these bad practices which should have been highlighted in the workplace in the first place.
Deputy O'Brien asked me how many prosecutions there have been. I do not have the figure but I will ask the Minister to revert to him on the total number of prosecutions that have followed since the introduction of the legislation. It is important to put this on the record.