Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 123: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that current health and safety legislation is adequate in preventing deaths in the workplace; his plans to implement corporate manslaughter legislation as recommended by the Law Reform Commission. [8560/07]

Tony Killeen (Clare, Fianna Fail)
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I am confident that the current legislative base in regard to occupational safety and health sets a sound foundation for implementing occupational safety, health and welfare standards.

The Oireachtas enacted the Safety, Health and Welfare at Work Act in 2005. This Act updates and amends the provisions of previous legislation and is a result of a major review of occupational health and safety legislation. The Act provides a modern legal framework to guarantee best international practice in regard to health and safety in the Irish workplace. The primary focus in the Act is on prevention. It sets out responsibilities for employers and workers alike and it provides also for significant fines and penalties.

The administration and enforcement of occupational safety and health legislation, including the Safety, Health and Welfare at Work Act 2005 and related Regulations, is a day to day matter for the Health and Safety Authority. In this regard, the Authority has a range of enforcement measures available to it, to use as it deems appropriate and necessary, in accordance with the provisions of the 2005 Act.

At the time of the drafting of the Safety, Health and Welfare at Work Act, 2005, the Attorney General was of the opinion that there were much broader issues than safety, health and welfare at work which needed to be considered in regard to the matter of corporate manslaughter. Legislating in the relatively confined area of occupational safety and health would have omitted other sectors where such an offence could be committed. Therefore it was decided that it was not appropriate to deal with the issue of corporate killing in legislation which was providing for the law and regulation of occupational safety, health and welfare.

The Commission also recommended that there should be individual statutory liability for managers who were culpable in the causation of death. This is addressed in Section 80 of the Safety, Health and Welfare at Work Act, 2005 which provides for directors, managers or other similar officer of an undertaking to be held liable by the Courts for an offence that is attributable to connivance or neglect on their part.

Consideration of the Law Reform Commission's Report and recommendations are a matter for the Minister for Justice, Equality and Law Reform in the context of his main responsibilities for the criminal law system.