Tony Killeen (Clare, Fianna Fail)
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The Law Reform Commission, in its consultation paper on corporate killing of October 2003, recommended that a new offence of corporate killing be established which would 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, which 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 that, in certain circumstances, an individual high managerial agent should also be subject to imprisonment of up to five years. The commission is currently considering submissions on its consultation paper.

My Department is already in receipt of advice from the Office of the Attorney General to the effect that the issue of corporate killing has broad implications.

As I indicated during Committee Stage of the Safety, Health and Welfare at Work Bill 2004, which took place on 23 and 24 November last, Government policy is to await the review by the Law Reform Commission, which is due for publication in 2005, and then to decide what is to be done with regard to the issue of corporate manslaughter. The provisions in section 80 of the Safety, Health and Welfare at Work Bill 2004 entitled Liability of Directors and Officers of Undertakings are more explicit regarding the assignment of responsibility than an existing provision in the Safety, Health and Welfare at Work Act 1989. However, it is worth noting that directors and managers of companies have in the past been prosecuted for failures under occupational safety law which resulted in death or serious injury to workers.