Arthur Morgan (Louth, Sinn Fein)
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Question 197: To ask the Minister for Enterprise, Trade and Employment his views on whether employers convicted on breaches of health and safety law resulting in serious injury or death should be ineligible for public contracts. [18687/06]

Tony Killeen (Clare, Fianna Fail)
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As in all other cases involving the administration of statutory legislation, the application of penalties for conviction for breach of the Safety, Healthy and Welfare at Work Act 2005 and other occupational safety and health legislation is solely a matter for the Courts to determine in accordance with the provisions of the legislation in question. Section 78 of the 2005 Act sets out detailed provisions relating to the penalties that may be applied by the Courts for breach of the legislation.

Where matters have been determined by the Courts and the defendant has complied with the Court's ruling, there are no administrative or enforcement actions that may be applied as regards eligibility to compete for contracts, or other matters pertinent to the legislation, beyond the standard conditions that apply to all other parties involved in the tendering process.