Eugene Murphy (Roscommon-Galway, Fianna Fail) | Oireachtas source

Therefore, the Bill is a duplication of current law and would represent an overly stringent set of fresh rules in the matter of closing workplaces.

Fianna Fáil supports strengthening provisions for penalising reckless endangerment of emergency workers and we will work with Sinn Féin or others on this part of the Bill. I compliment our local authorities, fire service, ambulance service, radio stations, national television and radio and everybody else in the run-up to Storm Emma and other storms on the outstanding work they did. As a result of the communication with the people, many lives were saved. Deputy Adams referred to some extremely sad cases, particularly the one in his constituency of Louth. I was struck at the time by how sad it was for the family that the man lost his life during the storm.

We accept that Ireland is subject to an ever-escalating series of storms in this era of climate change. This will lead to more pressure on our emergency services. We need to respond to such extreme conditions. Sometimes there is a somewhat knee-jerk legislative reaction and we do not need it. It is not to say there are no issues in the Bill we can support. Bills should reflect a real need and show they will have a positive impact. This Bill fails that test as it duplicates current law and would probably add further red tape for employers.

The Bill aims to achieve two things. First, it imposes penalties on those who put lives in danger through reckless behaviour when an extreme weather warning has been called. It seeks to give An Garda Síochána enhanced powers to pursue people for such behaviour. Second, the Bill ensures employees are not penalised for staying away from their places of work during a status red severe weather warning. The Bill ignores the fact that existing legislation already encompasses these concerns. The Bill raises definitional issues that should prevent it from moving forward to Committee Stage. An existing 1997 law makes it an offence to recklessly engage in conduct that creates a substantial risk of death or harm to another person. It allows for a fine of around €1,900 or 12 months in prison. As a party, we put forward the criminal justice (endangerment) Bill 2017 to strengthen this provision. We agree with this principle of the Bill and will work with other parties, particularly Sinn Féin because it brought it forward, to advance this idea. However the other half of the Bill is unnecessary. The Safety, Health and Welfare at Work Act 2005 places the responsibility on employers to ensure the safety of their workers. This covers such extreme circumstances as weather warnings. We do not believe that adding to the existing law will contribute to the health and safety of workers. Employers are already guided by legislation and must act in the best interest of workers' health and safety in such circumstances. While well-intentioned, putting in place hard rules based on strict legislative definitions creates more issues than it will solve.

The Safety, Health and Welfare at Work Act 2005 already makes it mandatory tor employers to ensure the safety of their workers coming to and from work as well as within it. It raises the question of why this Bill replicates and complicates its core elements. Introducing a hard rule when the current system operates effectively and is legally enforceable, which is a very important point, appears to be unnecessary. It also raises definitional issues.

Let us look at the general duties of the employer under the Safety, Health and Welfare at Work Act 2005. In Part 2, section 8, those duties include to ensure the safety, health and welfare at work of his or her employees; to manage and conduct work activities in such a way as to ensure the safety, health and welfare at work of all employees; and to manage and conduct work activities in such a way as to prevent any improper conduct or behaviour likely to endanger employees. As regards the place of work concerned, the employer must ensure the design, provision and maintenance of a safe, risk-free place of work, which includes access to and from it; and plant and machinery that are safe and without risk to health.

There have been many improvements in how we react to extreme weather situations. Our emergency services have done very well in recent times. The new weather alert system from Met Éireann will improve it a lot. I wish the Deputies well with the Bill. There are aspects we can support but we cannot support it in total.

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