Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 61: To ask the Minister for Enterprise, Trade and Employment if he intends to bring forward legislative proposals in view of the fact that under current legislation, employers convicted of breaches of health and safety law resulting in serious injury or death are still eligible for public contracts. [23476/06]

Tony Killeen (Clare, Fianna Fail)
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It is a matter for the Courts to determine the application of penalties on conviction for breaches of the Safety, Health and Welfare at Work Act 2005 and other occupational safety and health legislation. Section 78 of the 2005 Safety, Health and Welfare at Work Act sets out detailed provisions relating to the penalties that may be applied by the Courts for breaches of that Act.

Where the Courts have applied a sanction and the defendant has complied, there are no administrative or enforcement actions that may be applied as regards eligibility to compete for contracts beyond the standard conditions that apply to all other parties involved in the tendering process. I am advised that it may not be constitutionally open to me to bring forward further legislative proposals to penalise applicants for public contracts.