Ruairi Quinn (Dublin South East, Labour)

Amendment No. 25 is related to Deputy Morgan's amendment. We have seen maximum fines devalued over time, either by inflation or by the rise in the level of profit an organisation can make. The Minister of State is familiar with health and safety legislation in, for example, the construction sector. Fines imposed by that legislation create little or no deterrence against malpractice by rogue contractors and employers. My amendment would extend the maximum fine to a total of €250,000 per employee affected. If ten employees were affected by a rogue action, such as is set out in section 10(3), the maximum fine imposed would be €2.5 million. It would be left to the discretion of the court to decide how much to fine an individual employer in those circumstances. My amendment would transform the deterrence factor significantly.

It will be a long time before the House revisits this matter. The court will decide whether the fine is applied up to the maximum. My amendment would give the courts a degree of flexibility to ensure that the deterrence implicit in this subsection has teeth. I invite the Minister to consider accepting these amendments.

See this speech in context