Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

We need to debate precisely where the responsibility would lie and whether it is the right public policy. We are talking about boundary issues here that we need to examine further. I suggest that we have amendments that would confine the scope of the corporate manslaughter offence to corporate bodies. This is clearly an area of concern as well.

In number of areas, the Bill does not set any limit on the amount of a fine. We need proportionality between any maximum fine and any maximum sentencing to imprisonment. The sections dealing with pre-sanction reports and remedial orders appear to potentially conflict with the 2005 legislation introduced after the Law Reform Commission completed its work on this issue. Many aspects of that legislation are relevant when discussing the Bill proposed by Senator Mark Daly and others. We could further examine the procedures in regard to community service.

I welcome the discussion in the Seanad on this very important topic. Senators have quoted quite a number of incidents in the UK and Ireland that clearly have raised concerns where they believe this Bill could usefully have been used. I am making the point that I am not opposing the legislation but I have a number of significant concerns and suggestions relating to the amendment of it, which I believe would improve it and make it more workable.