Dáil Éireann Debate, Thursday - 13 May 2004
29 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the position with regard to the various reviews or studies of community employment commissioned or undertaken by her Department; the main findings of each; if she intends to publish the reports; and if she will make a statement on the matter. [13829/04]
View answerThe Law Reform Commission published a consultation paper on corporate killing in October last. The commission recommended that a new offence of corporate killing be established which would be prosecuted on indictment, without exclusion of any entity whether incorporated or not. The offence would apply to acts or omissions of a high managerial agent, which would be treated as those of the undertaking.
The commission also recommended that the legislation should provide for an unlimited fine to reflect the gravity of the offence or, in certain circumstances, an individual high managerial agent should also be subject to imprisonment of up to five years. The commission is currently considering submissions on its consultation paper.
Both my colleague, the Minister of State, Deputy Fahey, and I welcomed the recommendations of the commission indicating that we were taking the opportunity, subject to the final views of the Law Reform Commission when its consultation process is complete and also subject to the advice of the Attorney General, to provide for the creation of the new offence in law in the Bill on safety, health and welfare at work being drafted.
Consideration was given to the inclusion of a specific provision on corporate killing by Parliamentary Counsel and Advisory Counsel in the Attorney General's office. Their conclusion was that it is not appropriate to deal with the general and wider issue of corporate killing in a safety, health and welfare at work Bill.
The Minister of State, Deputy Fahey, will be addressing the matter by proposing to Government a section in the forthcoming Safety, Health and Welfare at Work Bill 2004 on the liability of directors and officers of undertakings to make more explicit an existing provision in the 1989 Act under which directors and managers in companies have in the past been prosecuted for failings in safety and health, which resulted in deaths or serious injuries to workers. He intends that this provision will send a clear message to decision makers at board and management levels who carry a special responsibility for safety and health.
The wider issue of corporate killing will be considered by the Government in due course when the final report on the matter is published.
