Results 2,561-2,580 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: 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...

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

Tony Killeen: The amendment seeks to increase the maximum prison sentence from two years to ten. The package of penalties provided for in the Bill has resulted from consideration of the range of offences covered in section 77 and has met with a broad welcome from most of the interest groups. Since Committee Stage I have examined the provisions in other legislation and in general the principle is that where...

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

Tony Killeen: There are provisions for up to ten years of imprisonment under other legislation but in general, the principle appears to be that it applies in cases of deliberate recklessness and that would not seem to be——

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

Tony Killeen: That is case under section 53(2)(a) of the Road Traffic Act where the word "deliberate" is used. In workplace circumstances it seems that would not be the situation.

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

Tony Killeen: Perhaps it could be. Almost anything could be but the type of recklessness and deliberate recklessness which is adjudged to warrant a much longer sentence would not apply in the circumstances provided for in this Bill. In light of the careful deliberation given to the penalties provided for in this legislation and since I know how much work was put in by so many people, I am reluctant to...

Written Answers — FÁS Training Programmes: FÁS Training Programmes (28 Apr 2005)

Tony Killeen: FÁS currently provides training for both heavy goods vehicles, HGV, and coach drivers. FÁS also provides trainees with language training, if necessary. FÁS would be happy to meet with representatives of the coach industry to identify jointly and plan any necessary training and recruitment solutions to labour shortages. Advice and guidance for EU-EEA workers is provided in all local FÁS...

Written Answers — Employment Rights Legislation: Employment Rights Legislation (26 Apr 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 any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Deputy Howlin is quite correct in suspecting that the schoolmaster in me had a particular view regarding syntax and grammar when he presented the original amendment. Another thing I have learned along the way is that syntax and grammar do not necessarily cut it when it comes to legal matters. I did what I undertook to do on Committee Stage and referred the Bill to the Parliamentary Counsel,...

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: I have also learned that it is generally very foolish not to accept legal advice in these situations. In the circumstances, I do not think it would be sensible to accept the change proposed by Deputy Howlin, notwithstanding my view on the grammar.

Safety, Health and Welfare at Work Bill 2004: Report Stage (Resumed). (26 Apr 2005)

Tony Killeen: Deputy Durkan will be pleased to know that we will be dealing with a "may or shall" amendment in the not too distant future.