Brendan Howlin (Wexford, Labour)
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Question 19: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she has considered the proposal to introduce legislation to provide for a new offence of corporate killing as recommended by the Law Reform Commission. [18039/04]

Frank Fahey (Galway West, Fianna Fail)
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Last October the Law Reform Commission prepared a consultation paper on corporate killing. It recommended that a new offence of corporate killing be established and be prosecuted on indictment without exclusion of any entity whether incorporated or not. The offence would apply to acts or omissions of a high managerial agent that would be treated as those of the undertaking.

To reflect the seriousness of the offence the commission also recommended that the legislation should provide for an unlimited fine or, in certain circumstances, an individual high managerial agent should also be subject to imprisonment of up to five years. At present it is considering submissions on its consultation paper.

The Office of the Attorney General advised my Department that the issue of corporate killing has far broader implications than health and safety in the workplace. It also advised that the issue will require consideration in the Attorney General's Office after the Law Reform Commission publishes its final report and subsequent consideration by Government.

In order to go as far as legally possible on the issue of corporate responsibility the forthcoming safety, health and welfare Bill will include a provision. It will deal with the liability of directors and officers of undertakings to make more explicit an existing provision in the 1989 Act. In the past directors and managers in companies have been prosecuted under the same Act for safety and health failures that resulted in a worker's serious injury or death. The provision will send a clear message to decision makers at board of management level who carry a special responsibility for safety and health.