Bernard Allen (Cork North Central, Fine Gael)
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Question 10: To ask the Minister for Enterprise, Trade and Employment his views on whether there is the need for a public safety authority; and if he will make a statement on the matter. [11356/06]

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 13: To ask the Minister for Enterprise, Trade and Employment his views on whether there is a need for a single safety authority; and if he will make a statement on the matter. [11355/06]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 10 and 13 together.

A review group on public safety was established in November 1999. The group was chaired by Dr. Daniel O'Hare and was widely representative of Departments and various agencies and bodies. Its report, entitled A Review of Public Safety in Ireland, was published just over a year later.

The key recommendation of the group was that an office of public safety regulation should be considered, but there was not full agreement within the group on this key point. The group envisaged that such a public safety office would not itself be responsible for public safety but would have some form of overseeing or co-ordination role of all the agencies and bodies which have a function in public safety matters. Some members of the group expressed concerns about the duplication of existing services and the resulting unnecessary burden on public finances. Even within the group as a whole there appears to have been some doubts as to the long-term need for a new public safety office, which is shown in its proposal that the functioning, appropriateness and continuing need for the office should be reviewed within a five-year period.

It is evident that the review group's recommendation is inconclusive and a clear-cut case for the establishment of a new agency has not been made. Another State agency whose function is merely to oversee other agencies on public safety matters is not the right way forward.

The Government task force on emergency planning is chaired by the Minister for Defence and comprises other Ministers, senior officials of Departments and public authorities which make a key contribution to the emergency planning process. This is the top level structure giving policy and direction and which co-ordinates and oversees the emergency planning activities of all Departments and public authorities.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree with the Minister of State that a new agency is not necessary. However, somebody must take responsibility. Currently, if a serious accident occurs in a public place, nobody can investigate it. A number of cases have come to the attention of the Health and Safety Authority that would originally have been thought not to be within its remit, including road accidents on stretches of road where workmen were conducting road works and cases of MRSA in hospitals. Many people are concerned about who is in charge in terms of investigating these matters. Will the Minister of State at the very least agree that the Health and Safety Authority should be charged with responsibility? An agency of the State should be put in charge of this matter rather than creating a new one. Let us define what is meant by workplace to give certainty in this matter.

Tony Killeen (Clare, Fianna Fail)
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Deputy Hogan is correct that the background to the establishment of the review group was the fact that many cases referred to the Health and Safety Authority did not ordinarily come within its remit. In an ideal world there would be a clear delineation between the various agencies. There normally is such delineation, such as between the Garda Síochána and the Health and Safety Authority on road traffic issues, although grey areas occurred recently which were eventually sorted out.

The difficulty in the proposal for an over-arching body is that it would have no real responsibility itself and no capacity to examine issues. It would merely oversee the role of other bodies. It does not seem to be sensible to establish an agency with that remit. I take the point made by Deputy Hogan that if the system could be improved in terms of clarity on the responsibility of various agencies, it would be helpful.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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With all due respect to the Minister of State's remarks, the system certainly must be improved given that no agency takes responsibility for any accident in a public place. We have nothing so it must be improved. Some existing agency must take responsibility. I do not advocate a new agency. The Minister of State will remember the bus crash on the quays in Dublin where people were seriously injured. Nobody was in charge or responsible. In spite of that accident and a report in November 1999, the Government has done nothing.

Tony Killeen (Clare, Fianna Fail)
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As a general principle, road traffic issues are a matter for the Garda Síochána and I understand that was the case in that instance.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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That is not right.

Tony Killeen (Clare, Fianna Fail)
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Some closure may have been achieved. It is difficult to delineate responsibility in some cases where accidents occur on what is de facto a workplace such as county council roadworks. The two most recent cases brought some clarity and a memorandum of understanding between the Health and Safety Authority and the Garda Síochána is visited in these situations. That is probably the situation with most clarity. In other cases it may not be at all clear who is responsible. As I stated in the initial answer, the Government task force on emergency planning is under the aegis of the Minister for Defence and deals with major incidents of that nature.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Minister of State give an undertaking to the House that when accidents take place in public areas, an agency will take responsibility for investigating them and dealing with these matters? Will he undertake that he will provide certainty on these matters in light of the concern about a major accident that may take place in a public place in future? We have a number of reports and examples of a shortage of delineation of responsibility. Will the Minister of State give an undertaking that he will return to the House with proposals in the not too distant future to ensure that where an accident or serious incident occurs in a public place, we will have an agency responsible to take action where appropriate?

Tony Killeen (Clare, Fianna Fail)
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The recommendations of the review group are anything but conclusive. They are quite inconclusive. At this stage, the Government task force on emergency planning is the group which deals with situations of this nature. It is chaired by the Minister for Defence and perhaps a question to him might be more appropriate in terms of establishing the remit and role of that group.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister of State might speak to him.

Tony Killeen (Clare, Fianna Fail)
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I cannot give the undertaking across the range of issues which Deputy Hogan mentioned.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Will the Minister of State ask the Minister for Defence?

Tony Killeen (Clare, Fianna Fail)
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I will mention it to the Minister for Defence. The Safety, Health and Welfare at Work Act 2005 considerably improved the situation, which we will see better soon when the general application and construction regulations are in place.