Jack Wall (Kildare South, Labour)
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Question 97: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if an application by a person (details supplied) in County Kildare has been investigated by the Health and Safety Authority; if so, if a decision has been reached in relation to the matter; if not, if there is a waiting list in relation to having such matters investigated; if so, the period of time involved; and if she will make a statement on the matter. [5849/10]

Dara Calleary (Mayo, Fianna Fail)
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The carrying of inspections and investigations by the Health and Safety Authority and its resultant conclusions re compliance or non-compliance with the law are day-to-day operational matters for the Authority, which have clear implications for its prosecutorial functions.

The enforcement of the statutory occupational health and safety code is a function assigned to the Authority, which is an independent agency under its foundation Act, the Safety Health and Welfare at Work Act 2005. The Minister for Enterprise, Trade and Employment has no function with respect to operational matters carried out by the Authority, including inspections and investigations undertaken by qualified Inspectors under the Act.