Proposals to repeal and amend the Safety, Health and Welfare at Work Act 1989 have been developed at departmental level, and the Government has approved the publication of the Safety, Health and Welfare at Work Bill 2004. The proposals in the Bill are largely the result of a review carried out by the tripartite board of the Health and Safety Authority, which includes representation from the social partners. The board had been requested to carry out a fundamental review of the Act with a view to identifying where changes and improvements could be made to the existing principal legislation.
The social partners have also been consulted individually on the proposed Bill, and their views have been taken into account.
The new Bill will have provision for increased fines following conviction in the courts. It will provide for penalties of up to €3,000 and imprisonment of up to six months, or both, on summary conviction in the District Court and of up to €3,000,000 and imprisonment of up to two years, or both, on conviction on indictment in the Circuit Court. The Bill also has provisions for on-the-spot fines.
The level of fine applied in respect of convictions for breaches of occupational safety and health legislation is a matter solely for the courts to determine in the particular circumstances of each case. A range of factors impact on that, including whether the relevant proceedings are summary prosecutions or prosecutions on indictment, whether the accused pleads guilty to the charges, as well as the level of penalties provided for in the legislation.
Where convictions arise for serious breaches of the legislation, provisions should exist to enable the courts to apply penalties which they consider commensurate with the nature and circumstances of the offences. The new Safety, Health and Welfare at Work Bill will strengthen and enhance existing provisions in that respect.
