Martin Cullen (Waterford, Fianna Fail)

I move amendment No. 143:

In page 71, before line 1, to insert the following:

110. (1) A safety critical worker shall not perform a safety critical task in a manner which, having regard to all the circumstances of the case, is dangerous to the safety of persons or poses an unreasonable risk of harm to persons.

(2) A person, being a supervisor, manager, director or secretary of a railway undertaking, shall not instruct a safety critical worker to perform a safety critical task in a manner that may cause that worker to contravene subsection (1).

(3) A person who contravenes subsection (1) or (2) is guilty of an offence and

(a) in case the contravention causes loss of life or serious personal injury to another person, is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding €10,000, or to both, or

(b) in any other case, is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months, or to both.

(4) In proceedings for an offence under subsection (3), it shall be a defence for the person against whom such proceedings are brought to prove that the safety critical task

(a) in respect of a contravention of subsection (1), was performed, or

(b) in respect of a contravention of subsection (2), was instructed to be performed,

in accordance with written rules or procedures of the railway undertaking concerned, where those rules or procedures specify the manner in which that task should be performed.

(5) Where a member of the Garda Síochána is of the opinion that a person has committed an offence under this section causing loss of life or serious personal injury to another person, the member may arrest the person without warrant.

See this speech in context