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Written Answers — Services for People with Disabilities: Services for People with Disabilities (31 May 2005)

Tony Killeen: Broad employment and training objectives and policies to promote the employment of disabled people, including schemes, programmes and services, are reflected in the statements of strategy and business plans of the Department of Enterprise, Trade and Employment and FÁS. FÁS programmes and the various support measures are based on the policies of the Department, which are developed through a...

Seanad: Safety, Health and Welfare at Work Bill 2004: Report and Final Stages. (31 May 2005)

Tony Killeen: Senator O'Toole tabled this amendment on Committee Stage and we had a discussion thereon. I accepted it was clear that the definition was deficient. However, in the course of discussing the amendment, it became apparent that there was a danger that the words "the uncontrolled or accidental release, the escape or the ignition of any substance" might be deleted by the inclusion of the previous...

Seanad: Safety, Health and Welfare at Work Bill 2004: Report and Final Stages. (31 May 2005)

Tony Killeen: Amendments Nos. 2 to 4, inclusive, are technical. Under some sections, such as section 66(7), pertaining to an appeal against an improvement notice, and section 67(7), pertaining to an appeal against a prohibition notice, it will be necessary to prescribe the procedures and forms of order for cases in the District Court. These are matters that will be prescribed by the Minister for Justice,...

Seanad: Safety, Health and Welfare at Work Bill 2004: Report and Final Stages. (31 May 2005)

Tony Killeen: In reviewing the Bill, it has come to light that there is a possible inconsistency between the use of the word "undertaking" in section 2(5), which uses the phrase "whether carried on by him or her for profit or not", and the definition of "undertaking" in section 2(1). For this reason it is important that amendments Nos. 5 and 6 be accepted. I am concerned that the Bill will cover all types...

Seanad: Safety, Health and Welfare at Work Bill 2004: Report and Final Stages. (31 May 2005)

Tony Killeen: This amendment was discussed on Committee Stage in reference to an amendment tabled by Senator Coghlan and proposed by Senator Cummins. I indicated on Committee Stage that I believed there might be a need for a very minor amendment to their proposal. It involved the inclusion of the word "another". Amendment No. 7 basically accepts and clarifies Senator Coghlan's proposal.

Seanad: Safety, Health and Welfare at Work Bill 2004: Report and Final Stages. (31 May 2005)

Tony Killeen: I take this opportunity to thank the Cathaoirleach and Members of the Seanad for their co-operation during the passage of the Bill through this House, and in particular for drawing our attention to the deficiencies addressed by the amendments which have been accepted. I also want to thank the officials of the Department for their help in the course of the Bill, as well as everybody who...

Written Answers — Health and Safety Regulations: Health and Safety Regulations (14 Jun 2005)

Tony Killeen: I understand that the question refers to the exposure of workers to asbestos in the workplace. The protection of workers from exposure to asbestos at work is covered by the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989 (S.I. No. 34 of 1989), as amended. These regulations, inter alia, transpose Council Directive 83/477/EEC of 19 September 1983 on the...

Written Answers — Industrial Relations: Industrial Relations (14 Jun 2005)

Tony Killeen: The document referred to was not, and did not purport to be, a report on the company named. It constituted a response to an issue raised in a constituency clinic of the then Minister for Enterprise, Trade and Employment. The response mentioned an exercise undertaken by the Department in the period 2001 to 2002, intended to ensure compliance with the registered employment agreement for the...

Written Answers — Health and Safety Authority Investigations: Health and Safety Authority Investigations (14 Jun 2005)

Tony Killeen: The accidents with tragic consequences which Deputy Cowley refers to at Mulranny, County Mayo, where a young woman was killed, and more recently at Kentstown, County Meath, where five school girls lost their lives, were both road traffic accidents. As such, these accidents are primarily matters for the Garda Síochána to investigate. The remit of the Health and Safety Authority is confined...

Written Answers — Labour Inspectorate: Labour Inspectorate (14 Jun 2005)

Tony Killeen: The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. The inspectorate operates without making any differentiation to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. The...

Written Answers — Farm Safety: Farm Safety (14 Jun 2005)

Tony Killeen: The funding available to the Health and Safety Authority is not broken down by it into amounts spent or allocated to the various sectors under the authority's statutory enforcement and advisory remit. I am, therefore, unable to provide the Deputy with figures on the funding for farm safety.

Written Answers — Bullying in the Workplace: Bullying in the Workplace (14 Jun 2005)

Tony Killeen: A prohibition on sexual and other harassment in the workplace has been in place since 1999 under sections 23 and 32 of the Employment Equality Act 1998. With effect from 18 July 2004, these provisions have been replaced by a new provision, section 14A of the Employment Equality Acts 1998 and 2004, inserted by section 8 of the Equality Act 2004. The new provision is in line with Article 2 of...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: The purpose of paragraph (b) of the definition of "employer" is to deal with informal employment arrangements. I refer, for example, to instances where an employer uses staff from another company for maintenance work or temporary purposes. In such circumstances, the employer using the staff from the other business is the person in control of the working environment. It is, therefore,...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: Seanad amendments Nos. 3 to 5, inclusive, are technical in nature. Under some sections of the Bill — such as section 66(7), concerning an appeal against an improvement notice, or section 67(7) concerning an appeal against a prohibition notice — it will be necessary to prescribe the procedures and forms of order for cases in the District Court. These are matters that will be prescribed by...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: As regards this amendment it is proposed to delete "for gain". In reviewing the Bill it came to light that there was a possible inconsistency between the use of the word "undertaking" in section 25, which uses the phrase, "whether carried on by him or her for profit or not" and the definition of "undertaking" in an earlier subsection of section 2. For that reason it is proposed to delete "for...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: There is a possible inconsistency here as well, between the use of the word "undertaking" in section 25, which uses the very same phrases, as regards Seanad amendment No. 6. The Parliamentary Counsel's advice is the definition of "undertaking" should be amended in line with section 25.

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: It was pointed out in the Seanad that the Health Service Executive replaced the health boards since the Bill was published in June 2004. The HSE came into effect on 1 January 2005. It was pointed out by Senators O'Toole, Henry and others that the correct reference here should be to the Health Service Executive.

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: This is where an employee of another undertaking is engaged in work activities in an employer's undertaking. It provides that the employer shall take measures to ensure the employee's employer receives adequate information. Previously, the employer had been required to give the information to the employee which, quite clearly, would be impossible in some circumstances. It was agreed that this...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: This is related to construction work. There were discussions on Committee and Report Stages in this House and subsequently in the Seanad. Arising mainly from discussions in this House, I introduced a new section 17, which addresses some of the difficulties that were pointed out at earlier stages. One of the concerns was that the responsibilities of people who commission construction projects...

Safety, Health and Welfare at Work Bill 2004: From the Seanad. (15 Jun 2005)

Tony Killeen: There are two questions about the regulations and when they might be in place. Considerable work has been done on the regulations. Originally it was intended to update the regulations under the previous legislation. However, since this Bill was close to being passed, it was felt it would be more appropriate to update them in the context of the new legislation. Some work has been done. There...

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