Séamus Kirk (Louth, Fianna Fail)
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Question 401: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to a Supreme Court case in which a former employee of a company (details supplied) in County Louth brought an action against the company for personal injuries; his views on the implications of the outcome for other former employees of this company whose health may have been damaged by exposure to asbestos; and if he will make a statement on the matter. [22046/05]

Tony Killeen (Clare, Fianna Fail)
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I understand that the case to which the Deputy refers appears to be that of Mr. Sean Fay and Tegral Pipes Limited and others, the Supreme Court decision on which was given on 27 May 2005. The judgment of the Supreme Court arose out of civil proceedings and I am not in a position to offer a view on the implications for other former employees of the company.

I would like to add that the protection of workers from exposure to asbestos at work is covered by the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989 (S.I. No. 34 of 1989), as amended. These regulations, inter alia, transpose Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work. Directive 83/477/EEC has in turn been amended on a number of occasions, most recently by Directive 2003/18/EC of the European Parliament and of the council. That directive is required to be transposed into national law by the member states by 15 April 2006. Enforcement of the regulations in places of work is carried out by the Health and Safety Authority.