Gerard Murphy (Cork North West, Fine Gael)
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Question 46: To ask the Minister for Enterprise, Trade and Employment the reason the Health and Safety Authority made just 40 prosecutions in 2005 despite the fact that of the 6000 construction site inspections twenty eight per cent were found to have limited or no compliance with the law; and if he will make a statement on the matter. [23896/06]

Tony Killeen (Clare, Fianna Fail)
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The Health and Safety Authority were involved in 40 legal proceedings — 22 summary and 18 on indictment in 2005. The overall conviction rate was 85%.

In addition to the prosecution options, the Health and Safety Authority also has a range of other enforcement remedies available to it, including the seeking of a High Court Order to have a dangerous workplace closed down and the issuing of enforcement notices such as Prohibition and Improvement notices. In the specific area of construction, the Health and Safety Authority carried out 6,203 inspections in 2005 and of this figure, 46% resulted in enforcement action of varying degree, i.e., the issue of 393 Prohibition Notices, 118 Improvement Notices and 2350 written advices. Follow up inspections are undertaken to ensure compliance. Non-compliance in the construction sector showed a marginal reduction in 2005 at 28% in comparison with 33% in the previous year.

Since the year 2000, 70 successful trials on indictment have been concluded on foot of investigations by the Health and Safety Authority, some of which have been in cooperation with An Garda Síochána. These have resulted in fines of up to €1m in some cases and suspended prison sentences for breaches of health and safety legislation and the offence of reckless endangerment under the Non-Fatal Offences Against the Person Act 1997.