Joe O'Toole (Independent)

I move amendment No. 15:

In page 64, subsection (6), lines 43 and 44, to delete "compliance with the improvement notice" and substitute "having received the letter confirming the remedies".

I tabled these amendments after learning of the reservations of a number of people. I have discussed my worries with the Minister of State's advisers and understand the Government's different perspective on this matter. Under subsection (6), which reads "where a person on whom an improvement notice has been served", an employer receives notice of a problem which must be remedied and is given a deadline by which to do so. The employer or workplace owner must then confirm in writing to the inspector that certain actions were taken and improvements made. The inspector, upon being satisfied that the problem has been ameliorated, must within one month give written notice of compliance to the original complainant. There would be no objections to these straightforward steps.

It was brought to my attention that in some situations complex issues may arise. Examples include the chemical industry, which is of increasing significance to Ireland. Highly qualified people may be required to find solutions to such issues. An inspector might not have the qualification necessary to confirm that remedies have been put in place. The remedies may be found wanting, in terms of qualification, under the rigours of a court challenge.

The wording of my amendment is intended to confirm to the original complainant that the inspector was informed by the employer or owner of the workplace that remedies have been put in place. I agree with the suggestion from the Minister of State's advisers that this might be a dilution of the original proposals contained in the Bill. I am not enthusiastic about a dilution but am worried that inspectors who feel inappropriately qualified for a certain task may hesitate or refuse to confirm that measures have been taken. Support structures might be put in place so that inspectors may make use of independent experts to confirm adequate remedies have been made. The legislation as it stands does not mention this matter. Under the current wording, the inspector, "on being satisfied that the matters have been so remedied," appears to have discretion.

If the Minister of State is contemplating that support from outside experts be available for inspectors, he did not mention this exists in the legislation as it stands. I am concerned about situations where an inspector lacks the qualifications or expertise to confirm a problem has been rectified. I am not committed to these amendments but wish to raise an issue which concerns the Bill's supporters.