Mary Harney (Dublin Mid West, Progressive Democrats)

The Law Reform Commission published a consultation paper on corporate killing in October last. The commission recommended that a new offence of corporate killing be established which would be prosecuted on indictment, without exclusion of any entity regardless of whether incorporated. The offence would apply to acts or omissions of a high managerial agent, which would be treated as those of the undertaking. The commission also recommended that the legislation should provide for an unlimited fine to reflect the gravity of the offence or in certain circumstances an individual high managerial agent should also be subject to imprisonment of up to five years.

The commission is currently considering submissions on its consultation paper. My colleague, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, and I welcomed the recommendations of the commission indicating that we were taking the opportunity, subject to the final views of the Law Reform Commission when its consultation process is complete and to the advice of the Attorney General, to provide for the creation of the new offence in law in the Bill on safety, health and welfare at work which is being drafted.

Consideration was given to the inclusion of a specific provision on corporate killing by the parliamentary counsel and advisory counsel in the Office of the Attorney General. Their conclusion was that it is not appropriate to deal with the general and wider issue of corporate killing in a safety, health and welfare at work Bill.

The Minister of State, Deputy Fahey, will address the matter by proposing to Government a section in the forthcoming Safety, Health and Welfare at Work Bill 2004 on the liability of directors and officers of undertakings to make more explicit an existing provision in the 1989 Act under which directors and managers in companies have in the past been prosecuted for failings in safety and health which resulted in deaths or serious injuries to workers. He intends that this provision will send a clear message to decision makers at board and management levels who carry a special responsibility for safety and health.

The wider issue of corporate killing will be considered by the Government in due course when the final report on the matter is published and when it has the final consideration by the Attorney General.

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