Seán Ryan (Dublin North, Labour)
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Question 69: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that a demonstration took place on Friday 28 April 2006 outside the offices of the Health and Safety Authority to commemorate workers memorial day to draw attention to the unacceptably high level of people who were killed while at work here and abroad; if his further attention has been drawn to the fact that the HSA facilitated a commemoration and a minute's silence and that ten fatalities have occurred to date in 2006 while 73 people died in 2005; the steps he proposes to take to ensure that the number of fatalities is reduced and where accidents happen there is a responsibility on all concerned to preserve the scene of the accident to facilitate a proper investigation; and if he will make a statement on the matter. [18214/06]

Tony Killeen (Clare, Fianna Fail)
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A demonstration to mark workers memorial day took place outside the Health and Safety Authority on Friday, 28 April. The centrepiece of the event was a minute's silence to honour the memory of those killed in the workplace. The event was supported by BATU and the construction branch of SIPTU. Key organisers of the event were the family of Mr. Justin Foley, who was killed in a workplace accident in 2002. I met Mr. Foley's parents and sister recently to tell them that I fully support their initiative for an annual memorial day for victims of workplace accidents.

The Health and Safety Authority offices were the location for the event rather than the target. The authority agreed to co-operate fully with the commemoration, shutting the office throughout the duration of the demonstration and respecting the minute's silence. On a longer term basis the authority also indicated its willingness to mark workers memorial day in an appropriate way in the future.

The Safety, Health and Welfare at Work Act 2005, which I brought into operation on 1 September 2005, updates, repeals and replaces the Safety, Health and Welfare at Work Act 1989 and provides a modern legal framework to guarantee best international practice in regard to health and safety in Irish workplaces. There are more than 200,000 workplaces in Ireland and to make best use of its resources, the authority is once again in its programme of work for 2006 prioritising a number of sectors for attention. These include the high-risk sectors of agriculture, construction, and mines and quarries.

Key actions in these sectors will include a major national road show which will visit a minimum of 5,000 construction workers, the development of a farm safety village at the world ploughing championships, the publication of codes of practice tailored to those employing three or less in the agriculture, quarrying and construction sectors, an effective inspection programme targeting key risks and research into the issues involved in the employment of non-English speaking workers.

With regard to the construction sector specifically, the authority in 2006 is committed to the finalisation of proposals for updated construction safety regulations, which are currently with the Office of the Parliamentary Counsel; carry out a focused programme of 7,500 construction site inspections covering appointment of duty-holders and assignment of responsibilities, safety and health plans and welfare and training arrangements; develop and implement a major promotional campaign; enforce and publicise the new construction and the work at height regulations; deliver a national road show on the new construction regulations; hold industry information briefings on the construction regulations targeting managers and designers, and including vibration, noise, work at height, underground services, roof work and the lifting equipment regulations; prepare draft guidance on construction-specific aspects of work at a height and progress draft codes of practice on pre-cast construction, concrete anchors and client best practice; develop an online notification form for new construction projects; continue the development of the innovative safe system of work plan, an initiative aimed at simplifying the safety message for both English speakers and non-English speakers; and run a hard-hitting campaign to change attitudes to construction safety.

With regard to agriculture specifically, a farm safety project was launched in late 2005 as a joint initiative between the Health and Safety Authority and Teagasc. The project will support the national farm safety plan objective of cutting farm accidents by 50% and will run for a three year period. The initiative aims to ensure that farmers with three or fewer employees complete and implement a new comprehensive but user-friendly farm risk assessment, as required under the legislation. Currently, fewer than 30% of farmers have completed any form of safety risk assessment.

This joint Health and Safety Authority-Teagasc initiative will involve the provision of training on risk assessment at specially convened health and safety courses for farmers and the provision of follow-up advice. It is being piloted among dairy and tillage farmers in counties Cork, Clare, Donegal, Meath, Tipperary and Wexford. An evaluation of the implementation of safety measures by participating farmers will guide the future implementation of the initiative at a national level.

With regard to preserving the scene of accidents, all deaths are initially investigated by the Garda Síochána and the following is the process for preserving accident scenes. First, gardaí notify the authority of a workplace accident or fatality. Second, the authority asks gardaí to maintain the scene of the accident. Third, the authority then investigates the accident.

Séamus Pattison (Carlow-Kilkenny, Labour)
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Deputy Quinn should be brief.

Ruairi Quinn (Dublin South East, Labour)
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I will be brief but I will return to this issue on another occasion. I compliment the Minister of State on all of the initiatives he suggested and all the activities he outlined in a comprehensive reply. However, why did he choose, with his colleagues, not to accept one of the main recommendations of the Law Reform Commission, namely, to legislate for the crime of corporate manslaughter? Construction employers and their sub-contractors should be faced with the prospect of a crime of corporate manslaughter, which was recommended by the Law Reform Commission, which is not noted for its radical or off-the-top-of-the-head proposals, yet it was explicitly rejected by the Department of Enterprise, Trade and Employment. Until we get the kind of specific instruments that will wave not just a carrot, which is what is proposed, but also a stick, we will not achieve a reduction in the number of fatalities occurring in the industry at present.

Tony Killeen (Clare, Fianna Fail)
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As the Deputy is aware, the issue was debated when the Bill was going through the Dáil. The matter is entirely appropriate to the Department of Justice, Equality and Law Reform but there are penalties under the new legislation that are considerably stronger than those provided for previously. The issue of the corporate manslaughter debate is one for the Department of Justice, Equality and Law Reform.

Kathleen Lynch (Cork North Central, Labour)
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No, it is not.

Ruairi Quinn (Dublin South East, Labour)
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The Minister of State is kicking to touch. It is a matter for his Department.

Micheál Martin (Cork South Central, Fianna Fail)
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It is for the Department of Justice, Equality and Law Reform.