Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 352: To ask the Minister for Enterprise, Trade and Employment his views on whether it is appropriate that the Health and Safety Authority would carry out regular inspections of road works programmes; and if he will make a statement on the matter. [32436/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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Road works are considered by the Health and Safety Authority (HSA) as a "place of work" as defined in the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (Construction) Regulations 2006, and as such the Authority has included road works under its inspection and enforcement programme. However, a number of Local Authorities around the country have contested the legal basis on which the HSA conducts this programme of inspections of road works. The legal matters at issue were before the High Court last week and the judgement has been reserved. The inspection and enforcement programme of the Health and Safety Authority is a day to day matter for that Authority.