James Lawless (Kildare North, Fianna Fail) | Oireachtas source

I am sorry to interrupt but I am conscious that we are short on time. I agree with Dr. McGuinness that the primary legislation, which in this case is the Safety, Health and Welfare at Work Act 2005, is paramount. All other regulations, secondary legislation and ministerial orders are delegated legislation. The constitutional power of the Oireachtas is in passing primary legislation and that is what we are dealing with here. I take Dr. McGuinness' view that it may not be appropriate to include this requirement in that legislation but that was not the view held by the Oireachtas when it passed it in 2005, or while it was enforced for 11 years subsequently. A Minister then took it on himself to change those regulations. Perhaps there was lobbying; perhaps not. However, that was a secondary measure and the primary legislation is the Safety, Health and Welfare at Work Act 2005. I wonder whether it was ultra viresto take that requirement out afterwards by ministerial order, as it was a primary Act being changed?

Are the inspectors in workplaces all HSA staff? Do they all have delegated powers? Is the HSA using subcontractors or delegated agents, and if so, do they have full powers to enter workplaces and conduct inspections as they would if they were HSA staff?