Dáil Éireann Debate, Tuesday - 16 November 2004
93 Ms B. Moynihan-Cronin asked the Minister for Enterprise, Trade and Employment the progress in regard to his consideration of proposals to introduce legislation to provide for a new offence of corporate killing as recommended by the Law Reform Commission; and if he will make a statement on the matter. [28340/04]
View answerThe Law Reform Commission in its consultation paper on corporate killing of October 2003 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.
To reflect the seriousness of the offence, the commission also recommended that the legislation should provide for an unlimited fine or that 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.
My Department has been advised by the Office of the Attorney General that the issue of corporate killing has broad implications. Government will, therefore, consider it when the final report of the Law Reform Commission is published which is expected in 2005.
However, the Safety, Health and Welfare at Work Bill 2004 includes a provision on the liability of directors and officers of undertakings, to make more explicit an existing provision in the 1989 Safety, Health and Welfare at Work Act under which directors and managers in companies have in the past been prosecuted for failures in safety and health which resulted in deaths or serious injuries to workers.
