Daly, Mark

Wednesday, 26 October 2016

Seanad Éireann Debate
Vol. Nbr.


Corporate Manslaughter (No. 2) Bill 2016: Second Stage

I move: "That the Bill be now read a Second Time."More Button

  I thank the Tánaiste and Minister for Justice and Equality for coming to the House today. If one was to dedicate this Bill to anyone it would be to the 1,600 people who contracted hepa...More Button

  In 2005 the Law Reform Commission identified a serious gap in Irish legislation in terms of holding entities, both incorporated and otherwise, to account in situations where management ...More Button

  Section 2 of this Bill means that a corporation could be convicted of corporate manslaughter if found guilty of gross negligence, where no one individual within the organisation was sai...More Button

  As the Minister will be aware, the former Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern, received approval from the Government of the day to put forward a criminal jus...More Button

  The tragedy of the gap in our legislation is such that when prosecution cases relating to the blood transfusion service were under way, the individuals who should have but did not act w...More Button

  I am aware of a situation relating to the Coast Guard service in County Kerry. Senior management in Dublin was aware that the communications equipment being used was liable to catastro...More Button

  Tragically, in the case of the blood transfusion service, the Coast Guard in Kerry and in the case of CIE following the Buttevant rail disaster, no one could attribute blame to one indi...More Button

  There are remedies other than sending an individual or a number of people to jail. Under this legislation, the corporation, entity or State body would have a report undertaken on its a...More Button

  Fundamentally, this law should be put in place for the 1,600 victims of our blood transfusion service. Tragically, that is the worst case I can make, but it is not the only case in whi...More Button

  In the case of the Stardust nightclub fire, there is nothing to say this law would have secured a prosecution. However, it is certain that the current law would definitely not allow pr...More Button

  The extraordinary thing was how the Coast Guard was allowed to be run down to the point it reached. This happened despite the then Minister, Noel Dempsey, instructing senior management...More Button

It was extraordinary high. Let us suppose I was able to inform those in senior management that, under corporate manslaughter legislation, if that equipment failed, they would go to jail. I imagin...More Button

  I sincerely hope no one ever gets convicted under this legislation. I wish there was no need for it. However, as we know from the hepatitis C scandal and others, it is required. If, ...More Button

I thank the Minister for her response. I know that she was on this side of the House many times when that side of the House shot down very worthwhile legislation that was being proposed simply bec...More Button

They are well known individuals and we are allowed to refer to court cases, especially this one, which failed the Irish people. The Law Reform Commission report referred to the Safety, Health and ...More Button

  I am glad the Tánaiste is accepting the Bill. I am glad new politics works, in some instances. Now, unfortunately, the pressure is on the Department of Justice and Equality. In ten w...More Button

  I want nobody to ever have to go to jail under the legislation. I want it to bring about a cultural change whereby it will not happen again, because people will know they could go to j...More Button

  Section 3 is a critical part of the Bill. It was removed in the UK, and I take into account the voluntary organisations. We can tease out all those elements. However, we must not for...More Button

In ten weeks.More Button

We will say next Tuesday, but in reality it will be in ten weeks' time. It will be at the end of January.More Button

  Committee Stage ordered for Tuesday, 1 November 2016.More Button