Dáil debates

Tuesday, 1 July 2008

Chemicals Bill 2008: Report and Final Stages

 

5:00 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)

I move amendment No. 8:

In page 27, line 9, to delete "may compile a list" and substitute "shall, each year, compile lists".

The proposed Government amendments respond to the outcome of the discussions in the amendment tabled by Deputy Varadkar on Committee Stage. The effect of the amendments would be to place an obligation on the Health and Safety Authority to publish the names of the persons convicted of an offence or in respect of whom a court order has been made.

In the interests of fairness, the Health and Safety Authority will have discretion as to the publication of names on whom prohibition orders have been issued. This discretion is appropriate as it recognises scenarios including that where the matter giving rise to the notice has subsequently been put right or the notice has subsequently been cancelled or withdrawn. I refer to the primary purpose of this legislation in respect of court orders or where a conviction has taken place and the Government stated it would consider this issue. It decided that a prohibition notice was a bridge too far as by the time a prohibition notice was served, the issue might have been resolved and further proceedings may not have been necessary. From that perspective, the Government considered this to be appropriate for court orders and for convictions themselves but not for prohibition.

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