Seanad debates

Wednesday, 11 May 2005

Safety, Health and Welfare at Work Bill 2004: Second Stage.

 

4:00 pm

Photo of Timmy DooleyTimmy Dooley (Fianna Fail)

I welcome the opportunity to speak on this Bill, particularly as it is the first opportunity for the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Killeen, to bring legislation through the House. I am delighted Deputy Killeen, from County Clare, is here with such important legislation and I compliment him on his input to the Bill. As Senator McDowell stated the legislation has been around for quite some time and there is no doubt Deputy Killeen's stamp is on it. It is part of a range of measures designed to protect workers, which is something the Minister of State has been to the fore in doing.

I compliment the Minister of State for his recent increasing of the minimum wage on foot of recommendations but against the advice of some employer groups. I was surprised by some of the comments on the decision, especially those of IBEC and the SFA. One would have been forgiven for thinking they would not have objected to it, but they did. I was especially surprised by the reaction of the Chambers of Commerce of Ireland given that the money earned by employees on the minimum wage is generally circulated in local communities within a very short period of time. It was very short-sighted of the Chambers of Commerce of Ireland membership to take so negative a view and to mount so personal an attack on the Minister of State. Some outrageous and reprehensible comments were made by the director general of the organisation which showed little understanding of the socially progressive regulation being brought forward. The Minister of State deserves the full credit of the House for his decision.

There is no doubt that real health and safety problems need to be addressed. The Bill deals very well with them. There has been a great deal of talk today about building sites and Members are familiar with the kind of circumstances which can develop on them. Many Members have worked on building sites and seen significant changes take place since the late 1980s. Senator McDowell referred to his father-in-law who has a small building business in north Clare and spoke about practices in the industry in the 1980s and early 1990s. I contend that such practices were the result of a desire to cut corners and expenses due to the inability of the economy to meet the costs associated with certain safety measures. Unfortunately, the negative practices which have developed recently are based on the greed associated with the Celtic tiger and the desire of unscrupulous operators to fast-track jobs and move on to the next site to reap even greater rewards. Such practices must be stamped out.

In a buoyant economy and construction sector, it is only right to put in place the necessary safety measures to protect those who work on building sites. A by-product of the slipshod approach to health and safety on building sites is a general ethos of untidiness and sloppy work. We will all suffer in the long term as a result. While quality control is not directly addressed in the Bill, people who take a slipshod approach to health and safety also take a slipshod approach to the quality of their work. It is regrettable that poor quality work is taking place on building sites with all that implies for the life expectancy of many of the properties currently being constructed. Tradesmen no longer take the level of pride in their work they once did, but are only interested in getting in and out of a site as quickly as possible to maximise profits.

A by-product of the Bill will be to address the problem of quality by ensuring that builders follow set procedures thereby creating an ethos of greater care and attention not only to health and safety but to the quality of the work they carry out. FÁS, which operates under the aegis of the Department of Enterprise, Trade and Employment, runs the useful Safe Pass programme to provide basic knowledge of health and safety. There is potential to enhance what is currently a day course. The Minister of State should consider reviewing the course with the intention of establishing a pass-fail system rather accreditation based on attendance.

There have been comments on farm safety, which is of paramount importance. In his short time in office, the Minister of State has actively promoted greater safety on farms through the farm-safety week. The Minister of State's regular contact with farm unions and representative bodies in this context has been very welcome. Farm practices have changed over the years. Most Members will remember days on which they travelled from the bog on top of a load of turf. Sadly, while tractors can transport loads at greater speeds, their increased size means it is more difficult to see people around them. Some of the tractors one sees now bear little resemblance to the tractors of 25 to 30 years ago. Front wheels are now larger than the back ones, which is the reverse of how we used to understand a tractor to be constructed.

The sophisticated nature of modern machinery makes it especially important to take children and minors out of the equation and away from the farmyard. It is disappointing to continue regularly to see farmers travelling in tractors with young children and dogs. It compromises the farmer's visibility and the safety of those within and without the machine. It is a matter which must be addressed.

Senator Moylan referred to proposals to deal with sewerage under the nitrates directive and the possibility of developing lagoons. I agree with the Senator that lagoons would represent a very retrograde step. We are all aware of cases in which farmers and children have lost their lives in slurry tanks. While tanks are generally well covered, farmers remove grids for the purpose of agitating slurry. In such circumstances, children and farmers have fallen into the tanks. It would not be acceptable to facilitate open lagoons which would create a much more serious health and safety hazard.

The Bill goes a long way in protecting workers. Concerns have been raised about the attitude of some local authorities to workers in the fire service. I understand that members of the service who would previously gone on day training courses will no longer be paid for the hours of travel associated with them as a result of changes in working practices on foot of the benchmarking process. The change will act as a disincentive to attend to the temporary firefighters who provide a great level of service to the community. While local authorities have sought to limit costs in implementing benchmarking, the ultimate cost will be that firefighters fail to receive the level of training they require on an ongoing basis. It is an issue which must be addressed.

The Minister of State will be aware of a pharmaceutical plant in County Clare which had difficulties in terms of its emissions and which have been of concern to workers as well as the wider public. An important by-product of the Bill's provisions to protect workers will be that the information on the effects of emissions with which they will have to be provided will also be of assistance to the general population.

The Department of the Environment, Heritage and Local Government does not take an active role in providing information on emissions to the public as it sees the function as the responsibility of the EPA. Unfortunately, the EPA considers its role to be one of licensing, regulation and the pursuit through the courts of those who breach the conditions of their licences. That is not good enough for the public. While there may not be problems associated with certain emissions, concern and anxiety is generated by a lack of knowledge about supposed potential effects. Following the recent court case over a plastics company in the region, people in Senator O'Rourke's constituency are familiar with these concerns over emissions. This matter should be investigated. I thank the Minister for State and wish him well with the Bill.

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