National Authority for Safety and Health v O'K Tools

• Jurisdiction: Ireland
• Judgment Date: 01 January 1997
• Date: 01 January 1997
• Docket Number: [1995 No. 1633 SS]
• Court: High Court

High Court

[1995 No. 1633 SS]

The National Authority for Safety and Health v. O'K Tools

In the matter of s. 52 of the Courts (Supplemental Provisions) Act

1961

National Authority for Occupational Safety and Health

Complainant

and

O'K Tools Hire and Sales Limited

Defendant

Cases mentioned in this report:—

Director of Public Prosecutions v. Byrne [1994] 2 I.R. 236; [1994] 2 I.L.R.M. 91.

Director of Public Prosecutions v. Gill [1980] I.R. 263.

Duff v. Mangan [1994] 1 I.L.R.M. 91.

Minister for Agriculture v. Norgro Ltd. [1980] I.R. 155

Practice - Consultative case stated - Summary prosecution for offences under occupational health and safety legislation - Limitation period for issue of summonses - Statutory entitlement of defendant to lay information against third party by way of defence in respect of same offences - Whether information must be laid within same period as original summonses - Prejudice to defendant - Fair procedures - Factories Act, 1955 (No. 10) - Safety, Health and Welfare at Work Act, 1989 (No. 7), ss. 2, 51, sub-s. 3 and 48, sub-s. 18.

Consultative case stated.

The facts have been summarised in the headnote and are set out in the judgment of Laffoy J. infra.

Section 51, sub-s. 3 of the Safety, Health and Welfare at Work Act, 1989, provides as follows:—

"Notwithstanding s. 10, sub-s. 4 of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under any of the relevant statutory provisions may be instituted at any time within one year after the date of the offence."

Section 48, sub-s. 18 provides:—

"(a) Where a person is charged with a summary offence under any of the relevant statutory provisions he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge (whether or not the other person is his agent or servant);

(b) if the commission of the offence is proved and the first person charged proves to the satisfaction of the court that he used all diligence to enforce the relevant statutory provisions and that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default, that other person shall be summarily convicted of the offence and the first person shall not be guilty of the offence, and the person convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings;

(c) the prosecution shall in any case to which this subsection applies, have the right to cross-examine the first person charged if he gives evidence and any witness called by him in support of his charge, and to adduce rebutting evidence."

By consultative case stated dated the 2nd November, 1995, District Judge Mangan submitted the following questions for determination by the High Court:—

• 1. Whether there is any time limit within which all proceedings must be completed, including the laying of information and issuing of (third party) summonses by a defendant?

• 2. If the time limit does apply, must all proceedings be completed within the period of twelve months from the date of the accident?

• 3. If the period of twelve months applies, from what date does the time run?

• 4. What are the principles of law which I, as the trial judge in this case should now apply?

The consultative case stated was heard by the High Court (Laffoy J.) on the 3rd July, 1996.

Section 51, sub-s. 3 of the Safety, Health and Welfare at Work Act, 1989, provides that notwithstanding the six month limitation period prescribed by s. 10, sub-s. 4 of the Petty Sessions (Ireland) Act, 1851, proceedings for any offence under any"relevant statutory provisions" may be instituted at any time within one year after the date of the offence.

Section 48, sub-s. 18 provides inter alia that a person charged with any such offences may, by way of defence, upon the laying of an appropriate information, charge and bring before the court any third party whom he believes to be responsible for the said offences. A defendant invoking this procedure must give the complainant a minimum of three days notice in writing of his intention to have this third party brought before the court.

The defendant was prosecuted in the District Court on a total of eight summonses in respect of offences under the Factories Act, 1955, and the Safety, Health and Welfare at Work Act, 1989. These offences were all "relevant statutory provisions" for the...