Paul Kehoe (Wexford, Fine Gael)
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Question 112: To ask the Minister for Communications, Energy and Natural Resources the progress he has made in assessing the compensation claims of former miners who suffer severe health problems as a direct result of their time in the mines; and if he will make a statement on the matter. [37208/08]

Ruairi Quinn (Dublin South East, Labour)
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Question 143: To ask the Minister for Communications, Energy and Natural Resources the steps he will take to ensure that ex-miners are compensated for the health problems they have suffered after years of exposure to coal; and if he will make a statement on the matter. [37131/08]

Noel Coonan (Tipperary North, Fine Gael)
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Question 148: To ask the Minister for Communications, Energy and Natural Resources his plans to introduce compensation for people suffering health problems as a consequence of working in underground mines in the past; and if he will make a statement on the matter. [37248/08]

Seán Power (Kildare South, Fianna Fail)
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I propose to take Questions Nos. 112, 143 and 148 together.

As stated in reply to Parliamentary Question No. 261 of 25 September 2008, I have no statutory authority to establish a specific scheme or tribunal to provide for compensation to people suffering health problems as a consequence of working in underground mines. In addition, I have no resources from which to fund such a scheme. The question of assistance to former miners, or any other categories of employees, who suffer health problems as a result of working conditions in the past is primarily a matter for them and their employers, and in so far as the State is concerned, of disability or occupational injuries benefit entitlement under the social welfare code. I have not, therefore, assessed any claims for such compensation.

Noel Coonan (Tipperary North, Fine Gael)
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The Minister of State's reply is most disappointing. What he said is total rubbish. He cannot, on behalf of the State, wash his hands of this issue. The Mines and Quarries Act 1965 not only gave the State responsibility for licensing mines, but also conferred on it the power to police them and ensure that they operated to satisfactory standards. Work was carried out in certain mines that was dangerous to human health. As a consequence of inadequate ventilation and exposure to dust, the surviving miners — of whom only 200 remain — suffered and are dying at a rate of three to four per month. What has happened to them and their families is a shame.

The State has a responsibility in respect of this matter because it was responsible for licensing mines and for inspecting and policing them in order to ensure that they operated properly. It failed miserably in its duty. The Minister of State cannot say that he does not have a responsibility for the mines. He has such a responsibility and I want to know how he is going to meet that responsibility on behalf of the State.

Seán Power (Kildare South, Fianna Fail)
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I thought my reply was quite clear and I apologise if it was not the response the Deputy was hoping to receive. A group to lobby on behalf of former coal miners was established recently and launched a public campaign to seek compensation for those who had suffered illness, injury, disability or a deterioration of their physical as a result of employment in the mines. The three locations specified by the group in question were the mines at Arigna in County Roscommon and Deerpark in County Kilkenny and the Ballingarry-Slieveardagh coalfield in County Tipperary.

The Deputy referred to the functions of the State. The functions of the mines inspectorate are carried out by the Health and Safety Authority. The person with responsibility in this area was identified under the Mines and Quarries Act 1965 as the Minister for Industry and Commerce. The functions of said Minister devolved to the Minister for Enterprise, Trade and Employment and not, as is frequently claimed, to the Minister for Communications, Energy and Natural Resources. The fact that the State was involved in providing licences does not mean that it should automatically pick up the tab for difficulties that have arisen in respect of the health of the workers to whom the Deputy refers.

Noel Coonan (Tipperary North, Fine Gael)
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The State was also responsible for carrying out inspections.

Seán Power (Kildare South, Fianna Fail)
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I do not believe any Member would blame the Minister for Transport for injuries caused, while driving, by a motorist with a valid licence. We must be realistic with regard to matters of this nature.

Simon Coveney (Cork South Central, Fine Gael)
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That is not a fair comparison.

Seán Power (Kildare South, Fianna Fail)
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It is not an unreasonable comparison.

Simon Coveney (Cork South Central, Fine Gael)
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The State has responsibility for inspecting and licensing mines.

Seán Power (Kildare South, Fianna Fail)
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The Arigna mine operated under the private lease and the Deerpark mine was a completely private operation. While State mining licences applied at Ballingarry and parts of Arigna, the fact that an activity was undertaken under a lease or licence does not necessarily impose——

Noel Coonan (Tipperary North, Fine Gael)
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Who was responsible for issuing the leases and licences? Who carried out the inspections?

Seán Power (Kildare South, Fianna Fail)
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——an obligation on the leasee or the licenser.

Simon Coveney (Cork South Central, Fine Gael)
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We posed this question previously and received the same reply in respect of it. A number of people sought legal advice on this matter in the interim and the answers provided to date, and repeated here, have been examined. The Mines and Quarries Act 1965 seems to clearly indicate a secondary liability issue in the context of the State, as licenser and inspector of the mines, having a duty of care. The position is somewhat similar to that which obtained with regard to industrial schools. The State was obliged to pay its fair share of compensation in respect of people at such schools who were abused by those who were not working for the State. At the time in question, the State had a supervisory role in respect of industrial schools and, therefore, had a duty of care which it neglected.

The same rationale can be used in the context of mining. I accept that mining was not a State business. However, the State had an integral role to play with regard to granting permissions and inspecting the way in which mining was conducted. That is the issue we are getting at here. A small number of those who worked in mines, over many years in most cases, are still alive. They are looking for a small recognition of the fact that the conditions they worked in, under State licence and supervision, have had a dramatically negative effect on their health. That is the issue the Minister needs to address today.

Seán Power (Kildare South, Fianna Fail)
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I appreciate the concern expressed by Deputies McManus and Coveney for miners whose health deteriorated as a result of the work they had to do. The health and safety issues they raised are covered by the Mines and Quarries Act 1965. Under that legislation, this is purely a matter for the Health and Safety Authority, which is under the aegis of the Department of Enterprise, Trade and Employment. I have no statutory authority to establish a tribunal to provide compensation to those people. I sympathise with the position in which they find themselves, but unfortunately I am not——

Simon Coveney (Cork South Central, Fine Gael)
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I am not asking for a tribunal.

Seán Power (Kildare South, Fianna Fail)
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I am making the point that I do not have the statutory authority to accede to the request that has been made in the House today.

Liz McManus (Wicklow, Labour)
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We understand that there is no statutory responsibility in this regard. That is our concern. We are talking about a small number of people, as Deputy Coveney said, primarily because many of them died prematurely, having suffered grave ill health. The number of people in this category who are still alive is not large. It is generally recognised that those to whom I refer have suffered unduly as a result of the work they did in years gone by. I understand that legislation pertaining to natural resources is due to come before the House. Will the Minister of State consider the plight of these people in that context? Will he ascertain whether it is possible to provide for them in the forthcoming Bill?

Seán Power (Kildare South, Fianna Fail)
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While I would like to help the people in question, I am not in a position to give the Deputy any positive news. This matter has come before the House on a number of previous occasions. I understand that a number of former miners met various Ministers over the years. I do not think the answer is going to change.