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Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: One of the difficulties is that certain elements of some of these previous and very old enactments, as Deputy Howlin stated, have already been repealed while some are under review and will be repealed. There are, however, other elements of the Acts which—

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I think the Deputy means the 1882 Act, which makes it even worse. There are other elements which still have a relevance. It is an ongoing procedure over a considerable period of time and it is a considerable period of time since the 1989 Act was enacted. However, it is not possible at this stage to give a definite date. The Department would accept the signal from Deputy Howlin that some of...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: There are specific areas where some of the provisions of the remaining statutes, including the Mines and Quarries Act 1965, the Dangerous Substances Acts 1972 and 1979 and the Safety, Health and Welfare (Offshore Installations) Act 1987, continue to be relevant and applicable. Certain elements are under review with the possibility of eventual replacement but it is not quite as straightforward...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I inadvertently addressed this amendment when I answered on amendment No. 3, to the extent that there are a considerable number of previous enactments to be addressed and certain parts of them are still relevant. This is an ongoing process which involves a significant amount of work and in some cases consultation with relevant interests. This deadline could not be met. It would be foolish to...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: My predecessor who was in this position in 1989 would have thought that a two or three-year timescale for doing exactly this might have been reasonable. There were many reasons this was not possible in respect of some aspects of the various enactments. Work is ongoing and considerable progress has been made. I am confident that a large proportion of the work will be done within the timescale....

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I sincerely thank the Deputy for bringing this matter to my attention. I assure him that on each of the occasions he raised it, I have provided him with all information available to me at the time. We discussed how the accreditation of trainers could be provided for at considerable length on Committee Stage. As I explained, considerable progress has been made on having FETAC and HETAC...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: It is important to point out that there were difficulties with some of the courses which Deputy Hogan has mentioned. However, in those instances, the people whose training was deficient were provided with alternative training. Arising from these and other experiences, the procedures now in place are considerably more robust and far less likely to be circumvented than was the case in the past.

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: They are not amenable to short explanations. Since that time, FÁS has put in place—

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: ——a much more stringent system for evaluating the qualifications of trainers in the first instance and, more importantly, for overseeing the training itself. However, it must be acknowledged that it was necessary to do so and that Deputy Hogan's pursual of this issue has had an impact on the quality of training that will be provided in the future. There is no doubt there were a number of...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: These amendments were discussed on Committee Stage and propose to change the provisions on a competent person, including changing the provision from a subsection to a section. Section 2(a) sets out precise requirements under which the persons are deemed to be competent. The formula in this subsection is based on negotiations and agreement with the European Commission in the context of the...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I move amendment No. 7: In page 11, to delete lines 14 and 15 and substitute the following: "(d) any unintentional ignition or explosion of explosives, as may be prescribed;". This is a drafting amendment. The words "as may be prescribed" apply to subsections (a), (b), (c) and (d). In the format in the Bill, it might be read as referring only to subsection (d).

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I move amendment No. 10: In page 14, line 40, to delete "subparagraph (a)" and substitute "paragraph (a)".

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I acknowledge the amendment differs from that tabled on Committee Stage and I understand what Deputy Howlin is trying to achieve. I looked carefully at the implications of this because I did not have the defence legislation to hand on Committee Stage. However, I am still of the view that it is better dealt with in the terms presented in the Bill. While I acknowledge the new amendment from...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I looked very carefully at what the Deputy proposed and I take the point he has made, which is very important. We raised this matter with representatives of the Defence Forces regarding the enactments that affect them. On balance I judged it was better addressed as the Bill stands.

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: The Deputy made a very strong case on the matter on Committee Stage and I have reflected on it in the meantime. An argument exists as to whether we should have a regulatory impact assessment or a competitiveness impact assessment. I agreed to undertake a competitiveness impact assessment. We are at the early stages of considering how we might do this. One of the difficulties is that a huge...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I intend to commence the study within 12 months. We have already considered how it might be undertaken and what kind of terms of reference might apply. We are also considering whether a national or an international body should undertake it. We are considering all those points arising from the strong case made by Deputy Hogan. While I do not know about my longevity in the Department, I hope to...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: The Deputies opposite raised this and related matters at considerable length on Committee Stage and even on Second Stage.

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I suppose they are somewhat related. I am trying to be careful to circumscribe and isolate the provisions of section 13, to ensure that something that should be specific does not become of general application. Some Opposition Deputies are worried that will happen. Section 20 of the Bill obliges employers to prepare a safety statement. It might be appropriate, in some circumstances, for such a...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: I move amendment No. 15: In page 21, to delete lines 17 to 25 and substitute the following: "(d) in the case of— (i) a class or classes of particularly sensitive employees to whom any of the relevant statutory provisions apply, or (ii) any employee or group of employees exposed to risks expressly provided for under the relevant statutory provisions, the employees concerned are protected...

Safety, Health and Welfare at Work Bill 2004: Report Stage. (23 Feb 2005)

Tony Killeen: As has been stated, amendment No. 16, which proposes the deletion of section 13, is a repeat of an amendment proposed by the Labour Party on Committee Stage. I acknowledge that Deputy Howlin has clearly given considerable thought to the points made on all sides during the Committee Stage debate, which shed much light on this subject. I made the case very strongly that there is a very limited...

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