Dáil Éireann Debate, Thursday - 7 October 2004
46 Mr. Costello 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. [23652/04]
Amharc ar fhreagraThe Law Reform Commission in its consultation paper on corporate killing of last October 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 far broader implications than health and safety in the workplace. It will, therefore, require consideration in the Attorney General's office on publication of the Law Reform Commission final report and subsequent consideration by Government.
However, in order to go as far as legally possible on the issue of corporate responsibility, the Safety, Health and Welfare at Work Bill, which was published in June and is before this House at present, includes a provision on the liability of directors and officers of undertakings to make more explicit an existing provision in the Safety, Health and Welfare at Work Act 1989 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. It is intended that the provision in the new Bill will send a clear message to decision makers at board and management levels who carry a special responsibility for safety and health in the workplace.
47 Mr. Ferris asked the Minister for Enterprise, Trade and Employment if he will bring forward legislation to remove the provisions which disqualify persons over the age of 66 from the terms of the Redundancy Acts; and if he will make a statement on the matter. [23613/04]
Amharc ar fhreagraThe redundancy review group report of July 2002, which produced recommendations for the up-dating of statutory redundancy legislation, considered that increasing the upper age limit of 66 for redundancy qualification purposes would not be a priority in the short term if resources were scarce. It could be argued therefore that the age cap should remain unchanged to maintain consistency with the Unfair Dismissals Acts 1977 to 2001 and the Employment Equality Act 1998.
The group recognised, however, that the labour force is becoming older and that participation in the labour force by older people, if desired, should be facilitated. Accordingly, it was recommended that consideration should be given in the medium term to removing the age cap or raising the age cap in conjunction with similar changes to unfair dismissals, equality and social and family legislation as recommended by the Equality Authority.
On 18 July 2004, the upper age limit of 66 for bringing claims under the Unfair Dismissals Acts 1977 to 2001, was removed by the Equality Act 2004. However, the Unfair Dismissals Acts will still not apply to dismissed employees who, at the date of dismissal had reached the normal retirement age in that employment, that is, if it is the policy in an employment to retire employees at a certain age, then the new provisions would not apply.
There are no plans at present to remove the upper age limit in respect of statutory redundancy. However, in the light of the evolution of age-related legislative provisions, it will be necessary to review the age-related provisions of the Redundancy Payments Acts. This will have to be done prior to making legislative proposals for submission to Government.
