Billy Kelleher (Cork North Central, Fianna Fail)

I welcome the kind comments of the Deputies opposite and their broad support for the thrust of what we are trying to achieve in the context of ensuring compliance and minimising regulation of the industry. These are the two purposes of the Bill. I also thank Deputy O'Connor not only for his support of the Bill but also for his kind words about me personally. We will have a discussion about that later. In the context of the broader debate in society at large about Europe, the Lisbon treaty and the approaching referendum, this Bill is an indication of the positive things that Europe can do. We must have not only national but also transnational legislation to deal with issues outside the State's control. This is an example of the positive role the EU can play in people's lives.

As I have said from time to time at the Council of Ministers, national parliaments and governments take the credit for the positive things that Europe proposes, but if a measure is not popular in a member state Europe is blamed immediately, irrespective of whether it is a European issue. I acknowledge that point in this context.

Equally, as Deputy Varadkar and others stated, I acknowledge the role played by our Members of the European Parliament, particularly in discussing and bringing forward a rational and effective regulatory programme in the context of REACH. Mr. Liam Alyward, MEP, for example, spent long hours discussing REACH and bringing forward a rational proposal in that context. I also acknowledge the contribution of MEPs from other parties and groupings. Obviously, this issue was discussed at the Council of Ministers as well. It goes to show that the European Union works. It is just another indication of what we are about.

Deputy Varadkar raised a few issues in the context of the legislation. On the powers of inspectors, the place is defined in the interpretation section of the Bill, section 2. It states:

"place" means any structure, premises, land or other location or part of such place, and includes any container, railway wagon, vessel, aircraft, motor or other vehicle;

This Bill has broad support. We will look at any amendment on its merits and if it improves the legislation and is put forward in that spirit, we would look favourably on those issues.

The regulatory impact assessment was raised yesterday during Question Time by Deputy English and the Minister responded. In the context of the Bill, the Minister, Deputy Martin, outlined yesterday the baseline calculation of a 25% reduction. The measure of the baseline for the implementation of the Chemicals Bill is being done this year and the plan is to repeat this measurement in three years' time so that we will have real figures on savings or at the very least that there will be no increase in administrative costs. We are working on that aspect in this Bill. Obviously, as a lead Department in reducing regulation on companies, we are conscious of that area.

The GHS was raised by Deputy Varadkar. The draft GHS regulation is still being negotiated in Brussels and it is suspected that it will be adopted by the end of this year. That regulation, when adopted, will be directly applicable. Like all EU regulations, member states will be required to put in place the enforcement provisions. The Chemicals Bill, when enacted, will have a ready-made enforcement framework and the legal advice available to me is that the GHS can be enforced under it by means of regulations under the European Communities Act. I hope that provides clarification. In any case, we can clarify all of these matters at a later stage.

Deputy Penrose raised the issue of authorisation. This will be a process carried out by the European Chemicals Agency in co-operation with the national authorities of member states; the HSA will be the main agency involved in Ireland. The idea of authorisation recognises that there are some chemicals which, while dangerous, are vital for certain manufacturing processes and authorisation will ensure that they are used safely. Authorisation may be issued to specific operators who apply — it will not apply generally.

Deputies mentioned staffing in the context of the HSA. I am delighted to state that the Government approved 44 staff for the HSA and an additional two staff for the EPA in June 2005. The additional EPA staff are in place and 33 of the 44 staff for the HSA are in place. Obviously, the other national authorities will have minor roles under this legislation and will make decisions in the context of budgets available to them for the provision of staff to ensure that there is compliance with the legislation.

While we are committed to ensuring that there is compliance and that there are staff available to enforce the legislation when it is passed, I have often made the following point to the HSA when I address its board or go to conferences. The purpose of legislation is to encourage compliance and if compliance is not forthcoming by individuals or by companies, then there is enforcement, prosecutions and heavy penalties. The primary purpose of legislation is to encourage. In that regard, we should foster a culture and inculcate in industry that compliance is good for it as well before bringing down the heavy hammer to crack the nut. I draw attention to the brochure published by the European Chemicals Agency which is a fairly straightforward and self-explanatory flier. Obviously, the HSA will run seminars informing businesses, such as chemical companies involved in the chemical industry in importing, exporting, transporting or manufacture, that a simplified code of practice will be in place. The HSA has been positive in all aspects of what it is doing, even with the Safety, Health and Welfare at Work Act 2005. They go out to educate and encourage people to comply as opposed to going out to prosecute. Let us be under no illusions, one cannot have a labour inspector, a health and safety inspector or an inspector in the context of this legislation in every place. One must hope that industry complies, but knowing full well that in the absence of compliance there will be enforcement and prosecutions.

I want to inform industry and business on what they will be doing. The registration of the chemicals under REACH is not only a matter for the chemical industry, but for all industrial and professional users of chemicals. It is important for manufacturing industry and professional users to contact their suppliers as soon as possible. I hope that if anybody is listening, other than those inside the Chamber, he or she will engage in this preliminary process on REACH and the pre-registration deadline of 1 December this year to find out if the chemicals with which they are being supplied will be registered. If one is dependent on a chemical for one's business process and it is not pre-registered, one may be out of business by 1 January 2009. I say that to everybody, organisations such as IBEC and others involved in representing businesses, so that they will be conscious of this and will engage actively. The HSA and others will be advising as well, but at the end of the day it is the prerogative of the individuals to ensure that they are up to speed on the legislation and the regulations. Substances that are not registered under REACH will not be available anymore to downstream users. Checking with suppliers will give them time look for alternative future suppliers, if necessary.

As I stated, the Health and Safety Authority has been running information campaigns and I am sure that will continue. There is a helpdesk as well and I will outline its details so that when people are reading this tonight, or watching "Oireachtas Report", they will have all the information. The REACH helpdesk telephone number is 1980 289 389. There is a considerable lead-in time and people should engage at an early stage. There is assistance and co-operation available; seminar and presentation material are also available.

Let us be under no illusions. Manufacturing industry is important to the economy, as other speakers relayed also. While the numbers employed in manufacturing in Ireland have reduced from approximately 15% to 11%, nevertheless, the value to the economy is substantial. Obviously, the pharmaceutical and chemical area has made a major contribution to high-quality employment in this country. We are conscious of that and that is why there is a lead-in approach. In this context there has been plenty of forewarning. There is pre-registration and everybody should buy into that — I hope that when the time comes they will have done so.

Much reference was made to whistleblowers. It is important that we protect those who have made a bona fide complaint about people who may be in breach of this Act. It is also done in other legislation. Generally, we should be conscious that a concerned citizen is willing to bring forward a complaint because he or she sees a breach of a particular piece of legislation. Section 24 will protect people who bring forward a bona fide compliant in the context of a breach of the legislation.

I again commend the Bill to the House and I look forward to discussing it with the Deputies on Committee Stage. I thank my officials.

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