Departmental Investigations.

Dáil Éireann Debate, Thursday - 5 October 2006

Thursday, 5 October 2006

Ceisteanna (140)

Jerry Cowley

Ceist:

138 Dr. Cowley asked the Minister for Enterprise, Trade and Employment if he will confirm that the report carried out at the request of the Health and Safety authority into whether the authority had the remit to investigate the circumstances surrounding the death of a person (details supplied) was in accordance with the principles of natural justice; if it will be made available to the family for review and comment before it is submitted to senior counsel for an opinion; and if he will make a statement on the matter. [31400/06]

Freagraí scríofa

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

I am informed by the Health and Safety Authority that it has commissioned a report into the circumstances surrounding the death of the person concerned.

The purpose of the report is to ascertain the facts which is to assist in the determination of whether the Authority has a remit in relation to this death. The report will be based on information obtained from a number of sources, including from the family of the deceased and from the Gardaí.

When the report has been compiled the Authority intends to submit it to legal counsel as part of its investigation process to determine what enforcement action, if any, may be necessary. I also understand from the Authority that as the purpose of the report is to establish facts which being part of the investigation will not be published (except as evidence if a prosecution is taken in the courts) it would be ill-advised to consult further with the family of the deceased before the advice of legal counsel is sought. The Authority will, of course, advise the family of the outcome of its investigation in due course.