Dan Boyle (Cork South Central, Green Party)
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Question 324: To ask the Minister for Enterprise, Trade and Employment his views in relation to a golf course (details supplied) in County Kerry in view of the recent collapse of an illegal structure on the golf course sea cliff edge that was previously condemned as unstable and dangerous by one of the country's most qualified and experienced geotechnical engineers and that the Health and Safety Authority particularly as they were unable to ensure that the structure was made safe due to the developer's exploitation of grey areas in the HSA's legislation and remit that easily allows employers and developers to endanger staff and the general public. [13641/07]

Dan Boyle (Cork South Central, Green Party)
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Question 325: To ask the Minister for Enterprise, Trade and Employment if the developer of a golf course (details supplied) in County Kerry exploited grey areas in the Health and Safety Authority's legislation and remit to evade prosecution and immediate action; and the steps or punitive measures that were or are being taken to address the developer's illegal removal of these signs and this protective fence. [13642/07]

Dan Boyle (Cork South Central, Green Party)
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Question 326: To ask the Minister for Enterprise, Trade and Employment the lessons he, his Department and the Government will learn from the incidents at a golf course (details supplied) in County Kerry; and the measures he will take to ensure that similar episodes will not be repeated by the developer and others. [13643/07]

Tony Killeen (Clare, Fianna Fail)
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I propose to take Questions Nos. 324 to 326, inclusive, together.

The Health and Safety Authority is an independent statutory body which is charged with the inspection and enforcement of occupational safety, health and welfare standards under the Safety, Health and Welfare at Work Act 2005.

I understand that the Health and Safety Authority received a complaint which alleged that a rock bund at the place concerned was unsafe. The place was visited by an Inspector of the Authority in May 2005.

The inspector requested a copy of a consultant's report on the structure which had already been prepared. On receipt of the report the HSA inspector took immediate action to prevent danger to workers, or to members of the public resulting from work activity, on the site, by issuing prohibition notices prohibiting work activity on top of the bund which might destabilise it.

I also understand that the inspector wrote to the local authority concerned informing them of the situation. It appears that the structure was recently demolished.

Following the fencing off of the area in question and its non-use as a place of work the Health and Safety Authority had no further role in the matter. I am satisfied that the provisions of the Safety, Health and Welfare at Work Act 2005 were fully adequate to allow the Authority to discharge its remit to protect workers and others from danger resulting from work activities in this case.