Sir, - The Minister for Labour, Trade and Consumer Affairs, Tom Kitt TD, has asked me to write to you concerning an article by Eibhir Mulqueen, headed "HSA criticises Government cost cuts" (The Irish Times, November 14th), as he feels it gave an extremely misleading and unbalanced impression of the capacity of the Health and Safety Authority to discharge its statutory functions.
Firstly, it is not true to say that the maximum fine which may be imposed for breaches of health and safety legislation is £1,500. There is, in fact, no limit to the fines which may be imposed and, in addition, a person convicted of certain offences may be imprisoned for up to two years. It is the case, in common with all other criminal proceedings, that strict limits apply to the penalties which may be imposed on summary conviction. (The penalties provided for in the health and safety legislation - a fine of up to £1,500 and/ or a term of imprisonment not exceeding six months - are the maximum permitted for summary offences.)
Secondly, the impression conveyed that staffing levels in the authority have increased only marginally since its establishment is extremely misleading. The authority had a staff complement of 77 when it was established in 1989. This increased to 98 at the end of 1994, to 110 at the end of 1996 and currently stands at 112. Some weeks ago, the authority was informed that the Minister for Finance had approved seven additional posts which will bring the complement to 119 from January 1st, 1998. This represents an increase of 55 per cent in a period of eight years or so. Furthermore, discussions are due to begin shortly with the Department of Finance on the authority's resource requirements over the next five years on the basis of a submission made recently by the authority at the Minister's request.
Finally, the comparison made with the Health and Safety Executive (HSE) in the UK (on the basis of which it was alleged that the authority's staffing levels should be doubled) is seriously flawed. The HSE has a wide range of functions in the area of public safety (in relation, for example, to the railway, gas and nuclear industries) which are not the responsibility of the authority in this country. It is understood that public safety functions absorb nearly half of the HSE's resources.
The Minister, while he accepts that the authority (in common with many public service agencies) could make excellent use of further resources and will continue to press its case, is extremely anxious to dispel any impression that it is unable to discharge its extremely important functions to an acceptable standard. Indeed, he is satisfied that the authority, because of the quality of the service which it provides, is held in high esteem by both sides of industry in this country and internationally. He is determined to give it every possible support to ensure that this reputation is maintained and enhanced in the future. - Yours, etc.,
From Ciaran Quigley
Private Secretary, Department of Enterprise, Trade and Employment, Dublin 2.