Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 125: To ask the Minister for Enterprise, Trade and Employment the progress in regard to his consideration of proposals to introduce legislation to provide for a new offence of corporate killing as recommended by the Law Reform Commission; and if he will make a statement on the matter. [12090/05]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

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 on Committee Stage of the Safety, Health and Welfare at Work Bill 2004, which took place on 23 and 24 November last, and in my answer to a similar question by Deputy Costello on Thursday, 24 February 2005, Government policy is to await the review by the Law Reform Commission which, I understand, is due for publication this year and to then 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, currently at Report Stage in the House, entitled liability of directors and officers of undertakings are more explicit in relation to the assignment of responsibility than an existing provision in the Safety, Health and Welfare at Work Act 1989. These provisions will assign responsibility to individual directors, managers or other similar officers for offences related to occupational safety and health law and therefore mean that actual persons in managerial roles can be prosecuted for breaches of worker safety law and are potentially liable to heavy fines and prison sentences.

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.