Mary Upton (Dublin South Central, Labour)
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Question 155: To ask the Minister for Enterprise, Trade and Employment the number of prosecutions and convictions recorded by the Health and Safety Authority in each year from 2002 to 2005, and to date in 2006; the cases where the HSA found failure to meet required standards but did not proceed to a prosecution; the reason a prosecution was not taken in each of these cases; and if he will make a statement on the matter. [37736/06]

Tony Killeen (Clare, Fianna Fail)
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I would like to refer the Deputy to the following Schedule which contains the prosecution and conviction information requested from 2002 to 30 October 2006. A significant change has taken place over the years in the nature of the court proceedings resulting from investigations by the Health and Safety Authority. In the first decade of the Authority's existence (1989-1999) all health and safety prosecutions were heard in the District Court.

In recent years the Authority undertook a review and upgrade of its criminal investigation procedures with a view to sending files to the Office of the Director of Public Prosecutions for consideration for trial on indictment.

No data is available on the numbers of investigations by the Authority where alleged breaches of the legislation were encountered by the Authority's Inspectors but which did not proceed to a prosecution. In many of these cases the Inspectors would have exercised their discretion under the Safety, Health and Welfare legislation to issue prohibition or improvement notices. However, in general terms, files will only be sent to the Director of Public Prosecutions where, on the basis of the evidence collected during an investigation, there is prima facie evidence of the commission of an offence.