Tony Killeen (Clare, Fianna Fail)

Deputy Howlin raised this issue on Committee Stage and mentioned the case of Browne v. the Minister for the Marine, which arose in relation to the 1972 Act. My understand is that the finding of the court in that regard was that there was no provision for an indictable offence under the 1972 Act. In the provision, as proposed in the Bill, such indictable offences will be created in accordance with the EU directive. In circumstances where the primary legislation provides for indictable offences, it differs from the 1972 Act, which did not make provision for such offences. I am advised that in these circumstances it is appropriate, and indeed lawful, to provide for indictable offences by regulation.

As the Deputy is aware, the duties set out in the Bill are framework in nature and many of the more specific rules are set in regulations. These more specific rules apply to the construction industry, for instance, as regards proper scaffolding, and deaths on building sites may be traced back to failure in this regard. Other issues covered under regulations which could result in death or serious injury include unsafe conditions in the workplace, unsafe machinery and so on. They can only be provided for under regulation. I am advised that where there is provision for indictable offences, difficulties such as those which arose in the Browne v. the Minister for the Marine case relating to the 1972 Act would not arise.

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