Terence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

Question 420: To ask the Minister for Enterprise, Trade and Innovation the way the EC workplace directive is applied and the way the law is enforced; and if he will make a statement on the matter. [2083/11]

Terence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

Question 421: To ask the Minister for Enterprise, Trade and Innovation the number of prosecutions that have been brought by the responsible enforcers on failure to comply with the EC workplace directive; and if he will make a statement on the matter. [2084/11]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 420 and 421 together.

It is understood, following clarification with the Deputy's office, that the Questions relate to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work and to Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC). It is also understood that the Deputy seeks information on the number of prosecutions that have been brought for the past five years.

Both Directives were originally transposed into Irish law by way of Statutory Instrument No. 44 of 1993 - Safety, Health and Welfare At Work (General Application) Regulations, 1993, made under the Safety, Health and Welfare at Work Act 1989, and came into operation on the 22nd day of February, 1993. These Regulations extended the requirements of the Safety, Health and Welfare at Work Act, 1989 and implemented Council Directive 89/391/EEC. They also implemented 5 related Directives which set down minimum requirements for health and safety in specific aspects of working activities, including Council Directive 89/654/EEC.

The Safety, Health and Welfare at Work Act 1989 has since been updated and replaced by the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the 1993 Regulations have been updated by the 2007 General Applications Regulations of the same name (S.I. No. 299 of 2007).

The Health and Safety Authority, which operates under the aegis of the Department of Enterprise, Trade and Innovation, is responsible for the administration and enforcement of the Safety, Health and Welfare at Work Act 2005 and associated statutory provisions. It does this through a combination of information, advice, inspections, administrative enforcement actions and, in a small number of cases, prosecution.

The number of prosecutions brought by the Authority over the 5 years to 31 December 2010 under Irish health and safety legislation is set out in the table below. The table does not differentiate between prosecutions related to breaches of Irish health and safety law related to EU workplace legislation and prosecutions related to other provisions of Irish health and safety law which do not emanate from EU Directives as this information is not readily available. In recent years, the Authority has shifted its emphasis to prosecutions on indictment related to more serious and high-profile cases.

Further information on each prosecution is detailed in the Authority's Annual Reports for those years and is also available on the Health and Safety Authority website – www.hsa.ie . Information for 2010 is not yet available.