Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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283. To ask the Minister for Jobs, Enterprise and Innovation the reason Ireland has failed to transpose Council Directive 2010/32/EU known as the SHARPS directive; the date on which this will happen; the sanctions that have been incurred; and if he will make a statement on the matter. [42179/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The transposition of the provisions of Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on the prevention from sharps injuries in the hospital and healthcare sector is being carried out by my Department in consultation with the Health and Safety Authority (HSA) and the Office of the Parliamentary Council to the Government (OPC).

During consideration of the Draft Regulations a number of legal issues were identified that have delayed completion of the Regulations. While work continues on resolving these issues, it was not possible to formally settle the proposed Regulations from a legal perspective in time to meet the transposition deadline of 11 May 2013 as set down in Article 3 of the Directive.

My Department is working with the OPC to find a solution to these outstanding legal issues in order to be in a position to introduce legislation that is workable and enforceable and that meets the requirements of the Directive.

My Department has been in contact with the European Commission to advise it of the delay in transposition and continues to keep them informed of progress. No sanction has been incurred to date.

Notwithstanding that the "Sharps" Directive itself has yet to be transposed through national Regulations, the duties to maintain a safe and healthy workplace under the Safety Health and Welfare at Work Act 2005 and associated regulations still obtain.