Martin Kenny (Sligo-Leitrim, Sinn Fein)
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6. To ask the Minister for Jobs, Enterprise and Innovation her plans to instruct the Health and Safety Authority to conduct a safety audit of the State’s livestock marts in view of the considerable risk to personal safety posed by conditions at many of them. [18213/18]

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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Regarding livestock marts, in County Leitrim we have five such marts and an incident at one of them a few months ago, where a man was seriously injured, rang alarm bells for me. While the marts are very well managed and run, they are very dangerous places with many very stressed cattle and many people who are anxious to look at those cattle and who often put themselves in a dangerous position in order to do so. Marts can also be a very dangerous environment for workers. In that context, I ask that the Health and Safety Authority, HSA, conduct a survey of our livestock marts and determine what needs to be done to make them safer so that people can enjoy their time there, which is what many patrons are doing, rather than buying or selling animals. This is an issue that deserves some attention.

Pat Breen (Clare, Fine Gael)
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I thank Deputy Kenny for his question. As someone with an agricultural background, I am very conscious of health and safety and the issues which may arise at marts. The Health and Safety Authority, HSA, is responsible for the enforcement of the relevant statutory provisions set out in the Safety, Health and Welfare at Work Act 2005 and associated regulations related to workplace health and safety, including the promotion of health and safety in the workplace. The authority works to a detailed annual programme of work and carries out inspections across all sectors of employment, based on the level of risk associated with different sectors, in addition to carrying out inspections on foot of specific complaints received. The inspection of livestock marts is part of the authority's 2018 work programme.

The Health and Safety Authority is an independent statutory body and the inspection of workplaces is a day-to-day operational matter for the authority in which I have no role. The agriculture sector has a higher than average fatal and non-fatal injury rate and the authority devotes a relatively high level of its resources to agricultural safety initiatives, including inspections. Livestock safety is a major issue in agriculture, being consistently the third most common cause of farm fatalities and the most prevalent cause of non-fatal injury. Livestock marts pose a unique set of health and safety risks as there are large numbers of animals present in unfamiliar surroundings. In the first instance, therefore, the owners and managers of marts must ensure that a full risk assessment has been carried out and that there is a safe system of work in place. A safe system of work is a legal requirement and mart owners have a legal responsibility to ensure that mart facilities do not create hazards or risks. Any such potential hazards or risks should be recorded in a safety statement which sets out how such hazards and risks are to be eliminated or reduced.

In terms of best practice the HSA recommends a total segregation of mart workers, farmers and other members of the public from livestock penning arrangements. In addition, the authority has produced a detailed document entitled "Guidance on the Safe Handling of Livestock at Marks and Lairages", which has been distributed to all operating marts around the country. I ask all mart owners and managers to take account of their legal responsibilities and to take the practical advice and guidance offered by the HSA.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I thank the Minister of State for his response. I also raise this issue in the context of insurance problems, an issue which is very live at the Oireachtas Joint Committee on Finance, Public Expenditure and Reform at the moment. There have been huge increases in insurance premiums for marts which is not unrelated to health and safety issues. We need to find a solution in a collaborative way. The HSA should work with the mart owners and managers to find a solution. In many cases, problems arise when the animals are penned and waiting to enter the ring. For many elderly people, a visit to the mart is a social occasion during which they meet their friends and neighbours. Many young people also frequent the marts. Most Members of this House would not be at a mart unless an election was imminent. In those circumstances, we might think of the safety of Members of this House who might get themselves into a difficult position with animals waiting to go into the ring. We must understand that the mart is a place where people come together and communicate but it can be a very dangerous place. We must find a solution that works for everyone and the HSA should be central to that. I am not suggesting that the authority should be heavy handed or cause stress for those running the marts. I am talking about finding common-sense solutions, one of which is ensuring that when animals are in the pen waiting to go into the ring that nobody other than the employees of the mart are allowed into that area. Simple things like that can solve the problem.

Pat Breen (Clare, Fine Gael)
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Deputy Kenny spoke about common-sense solutions but people must use common sense themselves and recognise the dangers of mixing with animals. Many of the more modern marts have overhead bridges so that people can inspect animals from above. Under no circumstances should members of the public be in the passages between the pens or the pens themselves because cattle at marts are in unfamiliar surroundings and their behaviour can be unpredictable.

I point out again that mart owners and managers have statutory obligations under the Safety, Health and Welfare at Work Act 2005. They have a responsibility to ensure the safety of their employees and of the general public. Most marts and co-operatives are very conscious of safety around animals. The public should be in the auction rooms rather than outside where the animals are penned. The pens should be reserved for employees only. Marts are dangerous places, particularly in the morning when cattle are being off loaded from trailers into the pens.

Martin Kenny (Sligo-Leitrim, Sinn Fein)
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I understand all the dangers in this area. The Minister of State made reference to guidelines issued by the HSA but the authority needs to sit down with all of the mart owners to work out a solution. That solution must then be clearly communicated to farmers, employees and patrons of the marts. Safety must be to the fore. I want to send my best wishes to the man who was hurt recently in the mart in Mohill. He is one of many people who have been injured at marts. We all know people who have suffered broken legs, crushed feet and other injuries at marts all over the country. We need to move away from that situation. Some of the solutions to improve safety may require investment in the marts and perhaps the State can be of assistance in that regard.

Pat Breen (Clare, Fine Gael)
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I also sympathise with the individual concerned. Deputy Kenny is correct to point out that we often do not hear of the injuries incurred by farmers at marts. It is only when people are killed or suffer life-changing injuries that we hear about it. As I said already, mixing with animals is the third most common cause of accidents in the country. I will pass on the Deputy's concerns to the HSA but it is important that people do not forget their own obligations. I would ask all mart owners and managers to take account of their legal responsibilities and to take on board the practical advice and guidance of the authority.

Some marts have screens in their restaurants on which they show safety videos encouraging patrons to be conscious of safety in the context of handling or passing cattle. The animals are in unfamiliar surroundings, are easily frightened and often cannot see properly when they are going through from the pens to the ring.

I thank the Deputy for raising this matter which I will bring to the attention of the HSA. The authority carries out inspections and has other ways of encouraging all involved to be more conscious of health and safety.