Jonathan O'Brien (Cork North Central, Sinn Fein)
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I wish to share time with Deputy Dessie Ellis. I thank the Ceann Comhairle for selecting this matter. The Ceann Comhairle may not be aware that next Saturday, 28 April, is workers' memorial day. Figures I have received this morning indicate that since 2008, a total of 216 people have died in the workplace. There has been a gradual increase year on year. In 2010, 48 people died; 54 people died last year and so far this year, 14 people have died in the workplace. Considering there has been a decrease in the numbers employed this increase needs to be dealt with by the Government. There is no doubt that some employers are disregarding health and safety standards and procedures in the workplace. More often than not, this is the interests of chasing profits and we have seen the consequences. In 2005, the Law Reform Commission reported on the need for criminal liability in the area of corporate manslaughter. Sinn Féin published a corporate manslaughter Bill in 2007. Before it fell at the last general election, the previous Government was examining the introduction of legislation to address this area. It actually published the heads of a Bill which sought to introduce two new offences. One concerned the area of corporate manslaughter which would give effect to criminal liability against corporate entities, while the other concerned management causing death, which would have held individuals responsible.

Will the current Government pursue that legislation, or is it planning to introduce its own legislation to address this matter? We are one of the few remaining EU countries which does not have legislation on corporate manslaughter.

In the lead up to Workers' Memorial Day, it would be a good step for the Government to take on board the Law Reform Commission's recommendations and bring forward legislation to rectify this matter.

Dessie Ellis (Dublin North West, Sinn Fein)
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The purpose of Workers' Memorial Day is to remember the dead and fight for the living. It is a memorial to remember all those killed through work, while at the same time ensuring that such tragedies are not repeated. The best way to do this is to ensure better health and safety in addition to stricter enforcement with higher penalties for breaches of health and safety laws in the workplace.

Figures for workplace fatalities in the Twenty-six Counties are increasing, even though construction figures are at an all time low. We have a large amount of unemployment. It should be worrying for workers and their families, trade unions, employers and the Government that unsafe practices have increased despite the economic climate. So far this year, 14 people have died in the workplace.

More stringent health and safety regulations are long overdue. Sinn Féin has consistently argued the case for the urgent introduction of legislation that will put corporate killing on a statutory footing. When the figures are analysed, one has to ask why such legislation has not been introduced.

It is not unreasonable to assume that some employers may take a cost-benefit approach to the implementation of health and safety requirements in the workplace. For example, it may cost more to arrange a safer traffic management system in the workplace, or to replace damaged machinery, than to pay a fine that would be imposed on the offending company should the death of an employee occur on the job. While this may seem a cynical opinion of companies, it is not without warrant.

It should not be the case that a company responsible for the death of a worker through its own negligence can argue that any fine imposed is unduly severe. It hardly acts as an incentive for companies to comply with the inadequate health and safety legislative requirements that currently exist. A system that allows reckless employers to get off scot free for the death of an employee must not be allowed to continue. The possible prosecution of individuals could be the key to reducing workplace deaths. Checks and balances are required to ensure that all possible steps are taken, including keeping safety equipment and signage up to standard.

Brian Hayes (Dublin South West, Fine Gael)
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I have been asked to address this matter in the absence of my colleague the Minister for Jobs, Enterprise and Innovation, Deputy Bruton, who is abroad on Government business.

The health, safety and welfare of persons at work can be considered a fundamental right for all workers and, as such, is governed by a comprehensive body of primary legislation. The responsibilities on employers and employees are clearly set out in the Safety, Health and Welfare at Work Act 2005, and these can be summarised as the provision of a safe place of work by an employer and the taking of reasonable care towards one's own safety and the safety of others while at work by each worker.

The protection of workers in the workplace is recognised at all levels, from the United Nations by way of the work of the UN's International Labour Organisation; at EU level through a multitude of occupational safety and health directives based on the so-called Framework Directive in this area; and finally in our own domestic legislation.

The Safety, Health and Welfare at Work Act 2005 updated and replaced the earlier 1989 Act under which the Health and Safety Authority was established. The authority supports the maintenance of a safe and healthy workplace for all workers. Its functions under this Act include:

the promotion, fostering and encouragement of health and safety in the workplace;

providing frameworks that support the prevention of accidents in the workplace; and

the provision of education and training on health and safety in the workplace.

The Health and Safety Authority also has responsibility to enforce the national provisions of occupational safety and health legislation, which it does by inspecting, advising and where necessary prosecuting those in charge of a place of work for breaches of the legislation.

The maximum penalties under the 2005 Act amount to €3 million and or two years' imprisonment. Prosecutions have taken place at the behest of the authority where inspections or investigations have demanded this. Such prosecutions have generally centred on employers who have failed to ensure the provision of a safe environment for their employees and where this failure has led to a fatality.

In this regard, it should also be noted that under the Safety, Health and Welfare at Work Act 2005, managers and directors can be made liable and proceeded against directly for failures. This has happened in a number of cases involving fatalities.

Unfortunately, there have been workplace deaths for as long as there have been workplaces. To address such fatalities, and indeed the far-too-many injuries that can occur in workplaces, successive Governments have introduced legislation to enable workers to carry out their jobs in as safe a way as possible.

Over the last five years, including the early months of this year, 216 workplace deaths have been recorded by the HSA. Every single workplace fatality is a personal, family and workplace tragedy that deeply affects many people. Over the course of that period, by far the worst affected work areas have been agriculture and construction, representing over 50% of the total. Each death is a terrible tragedy and the Government continues to work in tandem with the Health and Safety Authority as well as trade union, employer and farming bodies in particular to work towards ever safer workplaces.

Overall, the Minister for Jobs, Enterprise and Innovation and the Health and Safety Authority are satisfied that current occupational health and safety legislation contains sufficiently robust provisions to deal with serious breaches by employers of their duty to provide a safe place of work for employees, or by employees behaving recklessly. Nonetheless, Government and all players continue to work in partnership to continue to pursue ways and means of improving workplace safety on the ground.

The Law Reform Commission's 2005 report on corporate killing recommended an offence of corporate manslaughter, to which the Deputies referred, addressing corporate entities and a derivative offence of "grossly negligent management causing death", which could be addressed at high managerial agents within a company.

Arising from this a Government decision of December 2010 approved the drafting by the Minister for Justice and Equality of a General Scheme of a Criminal Justice (Corporate Manslaughter) Bill to implement the principal recommendations in the report. An interdepartmental working group, chaired by a retired Secretary General of a Government Department, was established to conduct a regulatory impact analysis of the proposals. It is expected the working group will complete the required RIA by the end of this year.

Workers' Memorial Day is a day of remembrance for workers killed, injured or made ill by their work. In 2001, the International Labour Organisation recognised Workers' Memorial Day. The ILO announced 28 April as an international day of action for safety and health at work, which is an annual international campaign to promote safe, healthy and decent work around the globe. It is a memorial day the Government wishes to be associated with and I understand the Health and Safety Authority will be involved in marking the day here in Ireland.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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I do not agree with the Minister of State's analysis that the current legislation is sufficiently robust. He referred to the 2005 Act, but I would like to know how many people have been prosecuted under that legislation. I will get the answers through tabling a parliamentary question. How many people have received the maximum penalty of two years imprisonment or a fine of €3 million? I am sure when I get the figures I will see a difference between the number of people brought to book compared to the number of deaths. With regard to the Law Reform Commission the Minister of State spoke about the impact analysis being done and which it is hoped will be completed by the end of the year. Is it the intention of the Government to introduce legislation to give effect to the Law Reform Commission's report or will it be dependent on the impact analysis being undertaken?

Dessie Ellis (Dublin North West, Sinn Fein)
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It is very disappointing that in 2005 the Law Reform Commission's report recommended the introduction of an offence of corporate manslaughter but in 2010 the Government established an interdepartmental working group to report back. This is a very long time. We should be pressing this issue as it is urgent. In my constituency of Dublin North-West there were two fatalities, a worker and a child, as a result of bad practices during the regeneration of Ballymun. Given the effect this is having on families we need to work on it as quickly as possible.

Brian Hayes (Dublin South West, Fine Gael)
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I congratulate both Deputies for raising this matter. I suspect most people are not aware that 28 April is a day to mark better health and safety practices in the workplace. I congratulate both of them for raising the matter and highlighting it on the floor of Parliament. They are absolutely correct that there is a responsibility on the Government to respond to a long-standing report which came to a clear conclusion on the issue of corporate manslaughter. On coming into office the Government gave a very clear commitment that where we introduce new legislation at the very least we would do a regulatory impact statement on its effects. I understand from the Minister, Deputy Bruton, that this is ongoing. An interdepartmental group is working on it which expects to conclude at some stage over the next while. I presume the conclusion of this will be one way or the other whether we want to legislate. I will not speculate on what the outcome will be. I assure both Deputies the Government is taking the issue very seriously and we would not have established an interdepartmental group were this not the case.

It is very important to mention the extraordinary costs for the State associated with bad practice of work safety. I refer to the terrible and horrendous injuries that can be caused to workers in the course of their duties. The State must pick up the tab for this. This is a much wider issue. It is not just about the appalling tragedy for families who lose loved ones in terrible accidents. It is also about the enormous and ongoing costs the State must bear because of these bad practices which should have been highlighted in the workplace in the first place.

Deputy O'Brien asked me how many prosecutions there have been. I do not have the figure but I will ask the Minister to revert to him on the total number of prosecutions that have followed since the introduction of the legislation. It is important to put this on the record.