Dáil Éireann Debate, Tuesday - 31 May 2005
37 Mr. Sherlock asked the Minister for Enterprise, Trade and Employment the reason draft regulations drawn up by the Health and Safety Authority more than 15 months ago to improve safety standards on building sites have not yet been implemented, despite the continuing high rate of deaths in the industry; when it is expected that the regulations will be made; and if he will make a statement on the matter. [18031/05]
Amharc ar fhreagraThe Health and Safety Authority is in the final stages of its consultation with the social partners and interested parties on the formulation of new construction regulations. These regulations will be made by me under the Safety, Health and Welfare at Work Bill 2004, which I expect will be passed by the House during this term. The legal advice to me is that the regulations must be made under the Bill, which I intend to do very soon after the Bill is enacted.
What was the legal impediment to enacting these regulations under the old Act, as originally intended and notified to the House? Presumably the parliamentary adviser who made such notification had no difficulty with that legal process. Does the Minister of State share my deep concern at the dramatic increase in fatalities in the workplace, given that nine people were killed in the construction industry in the first four months of this year as opposed to 15 in all of last year, and in the workplace generally 27 died in the first four months of this year, which is a 40% increase on last year? Since the regulations have been pending for 18 months, will the Minister of State give a specific deadline, not further consultation, on when the regulations will be implemented and when will the additional labour force inspectors be in place to enforce them?
The new regulations will be put in place under section 17 of the new Bill. These include a number of important new groups in construction, particularly clients who commission building work, architects, engineers and designers. The Health and Safety Authority is engaged in exhaustive consultation with architects, engineers and designers who are concerned about their new legal responsibilities.
The purpose of the draft regulation is to prescribe the main requirements for the protection, safety, health and welfare of persons working on construction sites and to give further effect to the Council directive of 1992. The new directives will replace the existing ones. They will set out the minimum safety and health requirements at temporary or mobile construction sites.
Will the Minister of State answer the questions I posed? What was the impediment to the original notification his predecessor made to the House that the regulations would be enacted 18 months ago under the previous Act? Why have 18 months been wasted in putting the regulations in place, with a back-drop of terrible carnage in the workplace? When will the additional inspectors be in place to enforce the regulations?
The new regulations will be enforced under section 17 of the Bill.
This is what is happening. The Minister of State's predecessor said 18 months ago that the regulations would be put in place under the old Act. Is there a legal impediment to doing that and, if so, what is it?
Under the new legislation, it is possible to include the additional groups to whom I referred in my first response.
They should have been added on.
This might have been done. However, I assume it was intended that the new legislation would be in place long before now. When I was appointed last October, it was hoped the Bill would be passed before Christmas, but as Deputies will be aware, it took considerably longer.
I share the Deputy's concern about the increased number of deaths in the first five months of the year against a background of a 30% decrease in 2004. There is cause for concern as a result of the increased number of deaths earlier this year. No doubt the new regime, which will come into play under the new Act and the new regulations, will have a positive impact on what is happening. In early April, the Minister, Deputy Martin, announced additional labour inspectors. The Health and Safety Authority, which has responsibility in this area, has its own inspectorate who carried out a record number of inspections in 2004.
That is factually incorrect. There were 2,000 fewer inspections in 2004. When will the additional inspectors be in place?
I share with Deputy Howlin and the Minister of State my concern about the number of deaths of people on building sites in the first quarter of this year. The Minister of State will be aware of the debate on the Safety, Health and Welfare at Work Bill and the lack of control in regard to training people on building sites. I hope the increase in the number of fatalities has nothing to do with the laxity displayed by the State in training people in the workplace, particularly on building sites? Will he give us an indication of results from a Garda investigation which is ongoing in regard to retrieving money unlawfully paid to FÁS for the purposes of training in the construction sector under the safe pass scheme and other related schemes?
As I informed Deputy Hogan, a review of the training regime is under way, which undoubtedly will impact positively on the experience in the future. I cannot say whether the specific training in the cases involved had an impact. If that were the case, I presume it would have been brought to my attention. I have had no update since last month on the Garda inquiry.
On Deputy Howlin's question on the number of inspections, yesterday I had the pleasure of launching the 2004 Health and Safety Authority report. It was accompanied by a considerable additional document which provides data and analyses on deaths by sector and by region. It provides interesting reading and will inform the work of the Health and Safety Authority and the Government's legislative programme in the coming months and years. The HSA has directed its inspections at particular areas. Approximately 100 inspectors are involved, some of who had an increased workload last year because of the EU Presidency. They will return to full-time duty with the HSA this year, which will result in additional inspections, particularly in areas highlighted as having the most difficulties.
On a point of order, the Minister of State indicated the number of inspections increased. However, the number reduced from 7,168 in 2003 to 5,160 last year, a decrease of approximately 2,000.
The number increased in one or two sectors but I do not have the figures.
