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Health and Safety Regulations.

Dáil Éireann Debate, Thursday - 16 December 2004

Thursday, 16 December 2004

Questions (86, 87, 88)

Jan O'Sullivan

Question:

83 Ms O’Sullivan 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. [33734/04]

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Written answers

The 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 is already in receipt of advice from the Office of the Attorney General to the effect that the issue of corporate killing has broad implications.

As I indicated on Committee Stage of the Safety, Health and Welfare at Work Bill 2004, which took place on 23 and 24 November last, Government policy is to await the review by the Law Reform Commission and to then decide what is to be done with regard to the issue of corporate manslaughter. The provisions in section 80 of the Safety, Health and Welfare at Work Bill 2004 entitled "Liability of directors and officers of undertakings" are more explicit in relation to the assignment of responsibility than an existing provision in the Safety, Health and Welfare at Work Act 1989. However it is worth noting that directors and managers of companies have in the past been prosecuted for failures under occupational safety law which resulted in death or serious injury to workers.

Dan Boyle

Question:

84 Mr. Boyle asked the Minister for Enterprise, Trade and Employment if he plans to introduce penalties and interest for employers who delay compensation payments awarded to employees. [33847/04]

View answer

There are no proposals to introduce penalties and fines for employers who delay payment of awards. There is a right of redress for employees under existing legislation. Employment rights legislation provides for action that may be taken where an employer fails to pay the award, or appeals the determination or decision to the Circuit Court or as appropriate to the District Court. It provides that where an employer fails to carry out the terms of a determination or a decision of the Labour Court within six weeks of the date on which the determination or decision is communicated to the parties concerned, the Circuit Court or, where appropriate, the District Court, shall on application to it in that behalf by the employee concerned, or with the consent of the employee, any trade union of which the employee is a member, or the Minister, if the Minister considers it appropriate to make the application having regard to all the circumstances make an order directing the employer to carry out the determination or decision in accordance with its terms.

The Unfair Dismissals Acts 1977 to 1993, the Organisation of Working Time Act 1997, the Protection of Employees (Fixed-Term Work) Act 2003 and the Protection of Employees (Part-Time Work) Act 2001 provide that the Circuit Court may, in an order, having regard to all the circumstances, where the order relates to the payment of compensation, direct the employer to pay the employee concerned interest on the compensation at the rate referred to in the Courts Act 1981. There is a similar provision in the Terms of Employment (Information) Act 1994, which allows the District Court to direct the employer to pay the employee concerned interest on the compensation.

Joan Burton

Question:

85 Ms Burton asked the Minister for Enterprise, Trade and Employment the progress made with regard to the Government’s proposals to provide legal protection on a sectoral basis for whistleblowers who may wish to expose illegalities or wrong doing on the part of their employers; and if he will make a statement on the matter. [33746/04]

View answer

In reply to a question on the provision of legal protection for whistleblowers I informed the House, in my reply of 16 November 2004, that the provision of statutory protection on a sectoral basis would provide a better and more focused approach to dealing with the issue. A provision has been included in that regard in the Safety, Health and Welfare at Work Bill 2004, currently before this House, which provides for protection against dismissal and penalisation of employees who, in good faith, take steps to protect themselves or others in a workplace situation.

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