Brendan Howlin (Wexford, Labour)
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Question 2: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if it is still the Government's intention to introduce legislation to provide for a new offence of corporate killing as recommended by the Law Reform Commission; and if she will make a statement on the matter. [13801/04]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Law Reform Commission published a consultation paper on corporate killing in October last. The commission recommended that a new offence of corporate killing be established which would be prosecuted on indictment, without exclusion of any entity regardless of whether incorporated. The offence would apply to acts or omissions of a high managerial agent, which would be treated as those of the undertaking. The commission also recommended that the legislation should provide for an unlimited fine to reflect the gravity of the offence or in certain circumstances an individual high managerial agent should also be subject to imprisonment of up to five years.

The commission is currently considering submissions on its consultation paper. My colleague, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Fahey, and I welcomed the recommendations of the commission indicating that we were taking the opportunity, subject to the final views of the Law Reform Commission when its consultation process is complete and to the advice of the Attorney General, to provide for the creation of the new offence in law in the Bill on safety, health and welfare at work which is being drafted.

Consideration was given to the inclusion of a specific provision on corporate killing by the parliamentary counsel and advisory counsel in the Office of the Attorney General. Their conclusion was that it is not appropriate to deal with the general and wider issue of corporate killing in a safety, health and welfare at work Bill.

The Minister of State, Deputy Fahey, will address the matter by proposing to Government a section in the forthcoming Safety, Health and Welfare at Work Bill 2004 on the liability of directors and officers of undertakings to make more explicit an existing provision in the 1989 Act under which directors and managers in companies have in the past been prosecuted for failings in safety and health which resulted in deaths or serious injuries to workers. He intends that this provision will send a clear message to decision makers at board and management levels who carry a special responsibility for safety and health.

The wider issue of corporate killing will be considered by the Government in due course when the final report on the matter is published and when it has the final consideration by the Attorney General.

Brendan Howlin (Wexford, Labour)
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I am more confused now on this saga. Last October the Law Reform Commission report recommended the creation of a new offence of corporate killing. The Minister and the Minister of State, Deputy Fahey, welcomed it. At the time the Minister of State said it was his intention to establish in law an offence of statutory corporate killing which would be prosecuted on indictment, in essence, an offence which would be defined in terms of gross negligence, manslaughter. That is what he said he would do in October 2003. We have been promised a health and safety at work Bill virtually every month since. It was to be published last month, but we have not yet seen it. Now we are informed that the offence of corporate manslaughter will not be part of that but some other offence will be created, if I have listened carefully to what the Minister has said, that will give some signal to directors that they must be vigilant.

We are talking about cases where people are killed owing to negligence. Let me ask a very direct question. Is it still the Government's intention to introduce an offence of corporate manslaughter? If that is the intention, why is a watered down offence to be included in the imminent health and safety at work Bill?

Mary Harney (Dublin Mid West, Progressive Democrats)
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It is certainly my intention and that of the Minister of State, Deputy Fahey, to create an offence of corporate manslaughter. The reason it cannot be included in the health and safety at work Bill is that the Attorney General has advised that it has wider implications which go beyond the health and safety of workers. If a company knowingly leaves a product on the market, for example, a pharmaceutical product which has serious effects and which could kill people, that cannot be dealt with in the health and safety at work Bill. We are obliged to take the advice of the Attorney General. Discussions are ongoing with the Attorney General as to how best we could introduce an offence of this kind into legislation, which we all support.

The existing provision in the 1989 Act relates to the responsibility of a board of a company and directors and managers of a company. It is apparently extraordinarily difficult to succeed in convicting people because of the weakness of the current legislation. That will be substantially strengthened to make it easier for somebody to be prosecuted on indictment or convicted following a prosecution on indictment. That is the intention regarding the legislation. The proposed Bill will go to the Government in the next two or three weeks.

Brendan Howlin (Wexford, Labour)
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I welcome the Minister's assertion that a new offence of corporate manslaughter will be created. However I must be cynical about timing. We have been promised this since the publication of the Law Reform Commission's report. We were promised it would be incorporated in the health and safety at work Bill. Now, many months later, after the promised publication date, we are informed that it will not form part of that legislation. The mere fact that there will be a strengthening of the previous Act to deal with the issue of negligence causing death indicates that the implementation of the Law Reform Commission's report is very much long-fingered. Specifically when will we see the other legislation to incorporate the crime of corporate manslaughter? Is it the Minister's intention that will happen this year?

Mary Harney (Dublin Mid West, Progressive Democrats)
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The answer to the Deputy's question must await the conclusion of discussions that are ongoing with the Attorney General as to which is the most appropriate legislation to make provision for this offence. If it is not the health and safety at work Bill it will have to be special legislation, and it is my intention to introduce such legislation as quickly as possible.

Brendan Howlin (Wexford, Labour)
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Will it be this year?

Mary Harney (Dublin Mid West, Progressive Democrats)
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I do not believe it will be possible to introduce it this year. We are half-way through the year and I have not had a chance to discuss this matter with the Attorney General. The Minister of State, Deputy Fahey, has been handling this Bill on a daily basis. I made an effort to speak to the Attorney General today, but he is overseas. I apologise for that. I intend to speak to him in the next few days regarding how we should proceed with this matter. I am disappointed that we cannot do this through the legislation as proposed.