James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the representatives from the trade unions for attending today. We have seen the devastating impact on employees, businesses, families and communities in the three counties that have now gone back into lockdown. It is no doubt seriously impacting their mental health as well. We are potentially going to see rolling lockdowns in different counties or areas if the Covid disease is not kept under control or there are other outbreaks. What is happening in the three counties should be a concern of everybody across the country.

Employers are not under a duty to notify the HSA, Health and Safety Authority, of a disease or infection that has been contracted in a place of employment. Accordingly, the HSA cannot carry out an investigation, advise or give instruction on prevention. This was there in the pre-2016 regulations, however. This is totally unacceptable for workers and communities at any time but especially in the current situation. It also seems to be a destructive attitude if the employers are seeking to keep this position going.

It is a function of the HSA to promote the prevention of personal injury. As Ms Patricia King quite rightly pointed out, personal injuries under the Health and Safety Act 2005 include disease, any occupational illness or any impairment, physical or mental. Sometimes employers seem to think these regulations are gospel and they can rely on them. They are made under the Act, however. The Act is primary and every employer has a duty of care to his or her employees under common law as well.

Employers need to start wising up to that and realising that they have a duty of care to their employees. They need to ensure their employees are protected. As English is not the first language of many of these employees and they may not have been brought up with the Irish legal system, they may not be aware that when these regulations are wafted around in front of them that it is not gospel or the be-all and end-all of an employer's duties.

From reading the legislation and previous regulations, I can see how this duty could be easily put back with the HSA by bringing in regulations as opposed to the necessity for further legislation. It certainly needs to be amended to make it a duty for employers to report any disease or infections in a place of work. Is it the understanding of the trade union representatives that a simple amendment to regulations, to effectively put this duty back on the HSA, would suffice? If the authority needs additional resources, then so be it and they should be given to it.

Meat plants in this country are dominated by a small number of players. We have seen the consequences of this for farmers with the small payments they get. Most beef farmers' incomes are subsidised by almost 70% to 100% at this stage. We have seen serious issues around food scandals and know the situation around Covid. Is the Competition and Consumer Protection Commission doing enough to ensure there is proper competition in the market? It seems there are very few independent meat plants and it is difficult for them to establish themselves. Will the witnesses make a wider comment on the state of play with these dominant meat plant owners?

The HSA stated that, in the main, its inspections are unannounced.

Is that the witnesses' experience of meat plants?