Results 501-520 of 29,533 for speaker:Brendan Howlin

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

Brendan Howlin: I move amendment No. 51: In page 76, lines 11 to 25, to delete all words from and including "section" in line 11 down to and including "paragraph (b)" in line 25 and substitute the following: "this Act or under section 39(17)(e) of the Redundancy Payments Act 1967 as applied to this Act by section 29(7)". The purpose of this amendment is twofold. It is linked to the amendment I have just...

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

Brendan Howlin: I seek provision for a decision in each case on what is appropriate so that it would be open to the prosecuting authority to seek a higher penalty, which would be available to the court to impose. A number of the offences encompassed by the lesser model proposed by the Minister of State where the fine could be not more than €3,000 could involve a serious omission, including the failure to...

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

Brendan Howlin: I move amendment No. 52: In page 76, line 27, to delete "6" and substitute "12". The purpose of the amendment is to increase the maximum punishment for summary offences from six to 12 months to reflect the seriousness of the offences.

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

Brendan Howlin: Is that unparliamentary language?

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

Brendan Howlin: My amendment No. 54 is related. A maximum penalty of €3 million could be too low in calamitous cases involving multiple deaths caused by absolute negligence on the part of a major multinational or large conglomerate. The formula I propose is a maximum penalty of €3 million or 10% of the annual turnover of the defendant as ascertained by the court, whichever is the greater, so that...

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

Brendan Howlin: I move amendment No. 54: In page 76, line 30, after "€3,000,000" to insert the following: "or 10 per cent of the annual turnover of the defendant as ascertained by the court concerned, whichever is greater,". The Minister has already responded to this, but his argument that the existence of sub-companies would mean the turnover would not be significant is addressed by the fact that it is...

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

Brendan Howlin: I move amendment No. 55: In page 76, line 31, to delete "2" and substitute "10". The purpose of the amendment is to increase the maximum period of imprisonment on conviction on indictment from two to ten years. Given that some of the offences could involve the loss of life of workers, two years is a ridiculously low period of imprisonment. It seems to value life cheaply.

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

Brendan Howlin: I cannot agree with the Minister of State that where gross negligence results in the loss of life, it is appropriate that the penalty is two years. If I recall, gross negligence in a car resulting in death carries a penalty of at least double that, if not a higher penalty. Why should an employer who is reckless to the extent that somebody loses his or her life face a maximum penalty of two years?

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

Brendan Howlin: Is driving causing death an analogous offence?

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

Brendan Howlin: It could be.

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

Brendan Howlin: The Minister of State's last comment undermines the work of this House. Where does it leave us as legislators if predetermined consultations with parties outside this House determine the law and we cannot have an open debate to convince the Minister? That undermines this House and the work of Opposition Members who are elected to make law in the name of the people. I ask the Minister of State...

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

Brendan Howlin: I move amendment No. 58: In page 80, line 51, to delete ", by leave of that Court". This is a simple but important amendment. There was a series of measures in recent Bills that have come before the Houses to restrict the right of appeal. There is no necessity for the High Court to give an order to appeal to the Supreme Court and inserting the requirement for leave of the court is...

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

Brendan Howlin: I move amendment No. 59: In page 81, line 24, to delete "2003" and substitute "2004". This is a drafting amendment to update the referencing because the Road Traffic Act 2004 has been enacted since we started discussion on this legislation.

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

Brendan Howlin: I move amendment No. 60: In page 82, line 13, to delete "No. 18 of 1987". These are drafting amendments designed to reflect the fact that there is also an Act of 1995 amending the 1987 Act which should also be repealed. The Minister of State said on Committee Stage that this amendment was not correct and that an order was made in 1995. I checked that and my information is that the Minister of...

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

Brendan Howlin: I move amendment No. 61: In page 82, lines 13 and 14, to delete "Act 1987" and substitute "Acts 1987 and 1995".

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

Brendan Howlin: It is welcome.

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

Brendan Howlin: I move amendment No. 65: In page 88, line 45, after "matters" to insert "referred to in that section". This is a drafting amendment. I am advised that it is incorrect to say that the Minister may make regulations in respect of any matters. They must be matters for the purposes related to section 58. We had some tautology in this debate. We have amended the amendments since Committee Stage to...

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

Brendan Howlin: I will not argue with the Minister. I believe he is wrong but I will withdraw the amendment since he trenchantly opposed my view on a number of issues that he has now relented upon. If I had another go, I might win the argument but I will not put it tonight.

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

Brendan Howlin: I thank the Minister of State for his comments. I am sure Opposition Deputies will do so also. A very useful innovation in my experience was the written responses to amendments tabled on Committee Stage to enable the logic of the Minister of State's argument be digested in advance of Report Stage. I commend that to the House for other Ministers to copy. I want to raise two brief issues. We...

Telecommunications Services. (5 May 2005)

Brendan Howlin: Question 56: To ask the Minister for Communications, Marine and Natural Resources his views on the fact that Ireland remains close to the bottom of the EU broadband services scorecard compiled by the European Competitive Telecommunications Association; and if he will make a statement on the matter. [14384/05]