Brendan Howlin (Wexford, Labour)

My amendment No. 54 is related. A maximum penalty of €3 million could be too low in calamitous cases involving multiple deaths caused by absolute negligence on the part of a major multinational or large conglomerate. The formula I propose is a maximum penalty of €3 million or 10% of the annual turnover of the defendant as ascertained by the court, whichever is the greater, so that companies with a multi-billion euro turnover could face a hefty fine. Such a range of penalties should be considered by the Minister of State and it should be available to the courts so that appropriate action could be taken against companies that are completely derelict. I do not envisage this provision being used very often, if ever, but the capacity should be there so that we are not stuck when we are shocked by negligence and feel the maximum penalty available to a court is wholly inadequate in the circumstances. The formula I propose will address that shortcoming.

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