Results 241-260 of 2,815 for speaker:Tony Killeen

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: This amendment proposes to delete the provision that the CEO of the HSA shall not question or have an opinion on the merits of any Government policy when appearing before an Oireachtas committee. It is not proposed to accept this amendment. As Members are aware, the Minister has overall political responsibility for the operation of the authority. Clearly, the amendment, if accepted, could...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: Deputy Howlin is quite right in saying that this provision is in most legislation of this type, and is there for a good reason. I certainly intend to maintain it in this legislation because——

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: ——it only refers to policy matters and not to issues such as resources. A reasonable point was made by a number of Deputies on the last occasion, and that is something the CEO or the board could raise before an Oireachtas committee or in any circumstances. In any event, there are at least three sections of the Bill which require the authority to give the Minister a briefing relating to...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: Deputy Howlin raised this issue on Committee Stage and mentioned the case of Browne v. the Minister for the Marine, which arose in relation to the 1972 Act. My understand is that the finding of the court in that regard was that there was no provision for an indictable offence under the 1972 Act. In the provision, as proposed in the Bill, such indictable offences will be created in accordance...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: Arising from the point the Deputy made on Committee Stage, we went back for further legal advice. This advice was that where the Bill implements EU law and provides for indictable offences, it is appropriate to provide for them by regulation subsequently. Previously, it would have been done under the provisions of the 1972 Act. That was found to be deficient in the case of Browne v. Minister...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: I move amendment No. 38: In page 63, line 25, to delete "paragraph (r)" and substitute "paragraph (q)". This is a technical amendment to correct a drafting error.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: We also discussed this on Committee Stage and I was strongly of the view that the current system works particularly well. The deterrent element of having the matter before the High Court is of some value and it should be retained, although I accept that the Deputy made a number of strong points in favour of the amendment. However, these cases are only taken in extreme urgency and danger when...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: I move amendment No. 43: In page 69, line 39, to delete "an accident in Irish waters" and substitute "a marine casualty". The amendment is proposed for clarification on the advice of the Department of Communications, Marine and Natural Resources. The new wording will clarify the responsibility for investigation in accidents to Irish ships that are not in Irish waters, which remains with the...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: I move amendment No. 47: In page 71, line 24, to delete "in" and substitute "on". This amendment also corrects a drafting error.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: As the House will be aware, this issue is being dealt with in another forum by the Law Reform Commission which has already reported on it and which is in the process of preparing another report. I understand the commission held a public seminar in late 2004 and that its further report is awaited and may be completed before the end of the year. In the absence of a definitive position from the...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: The Deputies know there are far stronger provisions with regard to the responsibilities of management and directors in this legislation than in the previous legislation, which was acknowledged on Committee Stage. In the circumstances, as we have received the initial Law Reform Commission discussion document and, having heard submissions, it is preparing its final document, it would be...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: I have every confidence that when the report is prepared, a Government position will be adopted on it which will have an impact across a range of legislation.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: The intent of the provision which Deputy Howlin seeks to have deleted is that a provision would be made where account would be taken of where workers had pre-existing conditions or illnesses. A number of provisions in the Bill cater more than adequately for what Deputy Howlin seeks. Section 10(1)(c) requires the employer to take account of workers' capabilities in assigning work to be carried...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: Following discussion on Committee Stage I sought further advice on this from the parliamentary counsel. I have been advised that the provisions for penalties in section 78(2)(b) and (c) already deal expressly with breaches or non-compliance with conditions of a licence, which is what I think Deputy Howlin is saying. My advice is that they are as effective in section 78 and they achieve what...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: The amendment seeks to amalgamate the provision of sections 78(1) and 78(2) so that all offences, regardless of their seriousness, can be prosecuted summarily or on indictment. The section distinguishes between lesser offences, which do not give rise to a likelihood of employees being injured or killed at work, and the more serious offences, about which I agree with Deputy Howlin, which give...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: We are unlikely to reach agreement on the duration of sentences and the size of fines. I was pleased, however, that a hefty fine was imposed in court earlier. I understand the Deputy's point but it is important that offences that are not likely to lead to injury or death should be distinguished from other offences if only to point up the seriousness of the offences that would attract a prison...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: We had a long discussion in this regard on Committee Stage. The deterrent value of the maximum prison sentence of six months is as great as the 12 months proposed by the Deputy. It points up the seriousness of the offences in these cases. It is a sufficient deterrent, which was arrived at long before I became involved with the legislation following a great deal of discussion with various...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: It must be borne in mind that in all cases prosecution of a number of offences is sought and it is open to the court to impose the maximum fine on each offence. The practice in recent times is for fines to be imposed on each of the breaches of which a company is found guilty. The maximum penalty of €3 million is not necessarily the highest amount a company may be required to pay in fines in...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: In my earlier reply I neglected Deputy Howlin's amendment which proposes a penalty of 10% of turnover. While initially this seemed attractive, I was advised that companies, as we are all aware, have wonderful ways of having various types of sub-companies, and it could be an onerous task to discover which company is employing who at a particular time and establish the turnover of that specific...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed) and Final Stage. (4 May 2005)

Tony Killeen: I am aware that the amendment refers to 10% of the annual turnover or €3 million, whichever is greater, but it seems that the companies that might not be particularly deterred by a maximum of €3 million are those which are by far more likely to have a myriad of companies and sub-companies and the least likely to be caught by what the Deputy proposes. It would also involve a significant...