Micheál Martin (Cork South Central, Fianna Fail)

I do not propose to accept these amendments. Amended section 47(3) creates an offence for the occupier, manager and other person in charge of a specified place where there is a contravention of a provision of this section in that specified place.

This is a standard legal provision in terms of public health legislation; a similar provision applies in the case of food safety legislation. The Senator's amendments propose that only one person, an occupier, manager or other person in charge, be held responsible for ensuring compliance with public health measures. In taking proceedings for an offence under this section, an environmental health officer will take into account the details of the case and it may, perhaps, be necessary to initiate proceedings against each of the persons responsible or only one of them. The chain of command and lines of communication in businesses can vary significantly. If, for example, the owner of a specified place is not in the specified place at the time of the alleged offence, then he or she will remain responsible for ensuring the person left in charge was aware of public health legislation and was instructed to take all reasonable steps to ensure compliance.

Acceptance of the amendment would enable people to drive a coach and four through the enforcement procedure. One could be faced with the scenario of one person blaming another and that person blaming a third person.