Tony Killeen (Clare, Fianna Fail)

I express my sincere sympathies to Sinéad McDaid's family on their tragic loss.

The statutory remit of the Health and Safety Authority is confined to the investigation of accidents in places of work. In this case, where an accident took place on the Culdaff Road in Donegal, I understand the Garda Síochána has fully investigated it on the basis that it was a traffic accident on a public road. As such, the Health and Safety Authority has no function in the matter. Any further action is, therefore, a matter for the Garda Síochána to consider as appropriate, in the circumstances.

In general, where accidents occur on public roads, primary responsibility for investigation lies with the Garda Síochána. If, as in some cases, there are road works in operation at or in the vicinity of an accident, the Health and Safety Authority will investigate the operation of the road works to ensure that such works were being carried out in accordance with statutory requirements and in such a way as not to endanger the health and safety of either the workers or the public who are directly affected by such work activities.

The authority's remit on roadworks depends on ongoing work activity and not in relation to the quality of the work per se. Issues such as whether road surfaces laid down in roadworks are left in a safe state, fall outside occupational safety and health legislation and the authority's functions. The Health and Safety Authority and the Garda Síochána have an agreed memorandum of understanding which clarifies their respective roles where serious accidents occur, whether at a workplace or on a public road. The commitment of both parties is to liaise on the ground at the earliest opportunity, share information as appropriate, and co-operate with each other to ensure an effective investigation.

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