Latest news with #Health&SafetyAct
Glasgow Times
22-07-2025
- Politics
- Glasgow Times
Family of Katie Allan back bid to remove Crown immunity
Ms Allan, 21, and William Brown, 16, both died by suicide in Polmont in 2018, with a Fatal Accident Inquiry finding both deaths were avoidable. It concluded that a breach of the Health & Safety Act "materially contributed" to their deaths, but the prison system is protected from legal action by Crown immunity meaning Polmont or any other prison couldn't be found criminally responsible. The Scottish Government has said it would scrap that immunity, which has previously been removed from the NHS and the police, but would need permission from Westminster to do so. On Wednesday Labour MP Blair McDougall will present a bill calling for Crown immunity to be removed from prison estates. The bill is being backed by Ms Allan's parents, with Mr McDougall their local MP. Linda Allan told the BBC: "We've always said justice for us would be the removal of Crown immunity. There's no meaning in losing a child but it would be a legacy for us. "It means that in death Katie has done something good. That her death hasn't been meaningless. "It means that perhaps her death might save the lives of other people in the future. "If you look for example at the police service, when it lost Crown immunity, safety standards started to increase in terms of cell custody and police stations. "So you would hope the same would happen across the prison estate."
The Herald Scotland
22-07-2025
- Politics
- The Herald Scotland
Family of Katie Allan back bid to remove Crown immunity
It concluded that a breach of the Health & Safety Act "materially contributed" to their deaths, but the prison system is protected from legal action by Crown immunity meaning Polmont or any other prison couldn't be found criminally responsible. Read More: The Scottish Government has said it would scrap that immunity, which has previously been removed from the NHS and the police, but would need permission from Westminster to do so. On Wednesday Labour MP Blair McDougall will present a bill calling for Crown immunity to be removed from prison estates. The bill is being backed by Ms Allan's parents, with Mr McDougall their local MP. Linda Allan told the BBC: "We've always said justice for us would be the removal of Crown immunity. There's no meaning in losing a child but it would be a legacy for us. "It means that in death Katie has done something good. That her death hasn't been meaningless. "It means that perhaps her death might save the lives of other people in the future. "If you look for example at the police service, when it lost Crown immunity, safety standards started to increase in terms of cell custody and police stations. "So you would hope the same would happen across the prison estate."
Irish Independent
09-07-2025
- Irish Independent
Company fined over Donegal man's death in Louth workplace accident
Liam Doherty (43), Clougherna, Ballyliffin, Co. Donegal, fell approximately six-and-half metres onto a concrete floor in an agricultural shed at Bellingham Farms, Milestown, Castlebellingham, Co. Louth, on August 14, 2023. He passed away at the scene. He was working at the time for Brian Kelly of Solar Power Ireland BK Limited. Mr Kelly (58), Lower Illies, Buncrana, Co. Donegal, and the company were each accused of four breaches of the Health & Safety Act. Brian Kelly is Managing Director of Solar Power Ireland BK Limited and signed pleas of guilty to the charges on his own and the company's behalf. Judge Dara Hayes sentenced Mr Kelly to concurrent eight-month suspended sentences on two of the charges along with fines of €5,000 each. The other two counts were taken into consideration. The company was fined €50,000 on each of two counts, with the others taken into consideration. The judge began by extending his condolences to Mr Doherty's family, saying that he had tragically and unnecessarily lost his life and that he should have been with them for many decades to come. During the original sentence hearing at Dundalk Circuit Court last June evidence was given that neither a lanyard nor harness system were in operation when Mr Doherty fell through Perspex which was acting as a skylight. The accident occurred at 1.59pm. CCTV footage at ground level captured some part of it. No footage was played to the court. Mr Doherty stepped onto a clear Perspex sheet and fell approximately six-and-a-half metres to a concrete floor. Brian Kelly was present with his two sons all of whom were working having been subcontracted to install solar panels. No one saw the fall. "The work could not be carried out without risk to health,' an engineer found. Clear Perspex and corrugated sheeting was a fragile roof material. ADVERTISEMENT This work, at height, involved a particular risk, the engineer's report stated. A post mortem report outlined that Mr Doherty died from multiple traumatic injuries from a fall from height at work. The court heard that Brian Kelly was interviewed under caution and attended with a pre-prepared statement. He said that he, his two sons and Liam Doherty were working. He assessed the roof. The Perspex sheets were not safe to be walked on without laths across them. Liam was the only person standing on the roof. One of his sons was operating a lift to hoist the solar panels onto the roof. He heard the noise of Liam falling through the skylight. They all rushed down. Mr Kelly continued that he didn't know why Liam 'moved into an area outside the work zone'. He said that he lost a lifelong friend. He missed him every day. Judge Hayes noted that the incident occurred one month before Mr Doherty's 44th birthday and said that mothers should not have to bury their sons in this way. The family had spoken about how they would miss their 'fun uncle Liam'. He was single and as a result was in their lives more than might be usual. He had been a significant support to their disabled brother. The judge continued that the family had expressed a hope there would be no more deaths like this. He said that pleas of guilty had been signed in the district court to four counts against each defendant – two were for breaches of the legislation simpliciter and two for breaches of the legislation having caused the death of Liam Doherty. Brian Kelly and one of his sons had been on the apex of the roof. The other son was operating a lift to hoist the panels and Mr Doherty was coordinating where the panels were to be left down. There were no acceptable safety measures. The roof couldn't bear his weight. The root cause was no safe system of work in place. Had there been an appropriate system the death could have been avoided, Judge Hayes said. Mr Doherty was an experienced worker. The legislation serves to protect every worker, inexperienced and experienced alike. Had there been a harness and netting he would still be with his family. The planning of work and safety measures were 'patently inadequate'. There were no previous convictions against the defendants. Neither was there a suggestion of a previous near accident nor other warnings ignored. There was no suggestion this was willful as opposed to negligent. It was accepted that there was clear remorse. The defendants co-operated with the investigation. Judge Hayes remarked that anything the court could do would never put right this tragic loss. It was for the court to do the best it could for justice. It didn't seek to ascribe a value to the loss of Mr Doherty's life. Penalties must be sufficiently large to have a meaningful impact without putting the viability of the company in jeopardy and to act as a deterrent to the defendants and other employers in a similar situation. The court had seen the company's financial statements which showed a profit in 2021, '22 and '23 of €43,100, €20,800 and €20,100 respectively. A profit of €103,736 was carried over. Judge Hayes said it was Brian Kelly's responsibility to ensure safety measures were in place. This was not a case where there was no heed in safety, but the measures were inadequate. Three months were allowed to pay the fines outlined. Judge Hayes again expressed his sympathy to Mr Doherty's family. 'I am verry sorry you are here in these circumstances.'
Sunday World
08-06-2025
- Sunday World
Man died at work after falling through roof of agricultural shed, court told
Liam Doherty (43) fell approximately six-and-half metres onto a concrete floor in an agricultural shed 'Workers' lives matter,' said the family of a man who died from injuries he received when falling through a roof as he installed solar panels. Liam Doherty (43), Clougherna, Ballyliffin, Co. Donegal, passed away at the scene on August 14, 2023. He fell approximately six-and-half metres onto a concrete floor in an agricultural shed at Bellingham Farms, Milestown, Castlebellingham, Co. Louth. He was working at the time for Brian Kelly of Solar Power Ireland BK Limited. Mr Kelly (58), Lower Illies, Buncrana, Co. Donegal, and the company were each accused of four breaches of the Health & Safety Act. He is Managing Director of Solar Power Ireland BK Limited and signed pleas of guilty to the charges on his own and the company's behalf. During a sentence hearing at Dundalk Circuit Court evidence was given that neither a lanyard nor harness system were in operation when Mr Doherty fell through Perspex which was acting as a skylight. In a Victim Impact Statement written on behalf of the family by his sister Róisín, she said that not enough attention was paid to safety in this line of work. 'Workers' lives matter. We hope there are no more deaths like this.' Inspector Eddie Wall, Health & Safety Authority, said that the accident occurred at 1.59pm. CCTV footage at ground level captured some part of it. No footage was played in court. Photographs of the area were handed up. Mr Doherty stepped onto a clear Perspex sheet and fell approximately six-and-a-half metres to a concrete floor. Brian Kelly was present with his two sons all of whom were working having been subcontracted to install solar panels. No safety harness was used, Mr Wall continued. A prohibition notice was served. The scene was examined by an engineer on August 28. The roof was of corrugated fibre cement roof sheeting with Perspex at intervals as skylights. Neither a lanyard nor harness system was being used. There was no project supervisor nor safe system of work plans. It was not identified that Perspex should be treated as a hazard. The root cause of the accident was not having in place the appropriate safe systems of work. "The work could not be carried out without risk to health,' the engineer found. Clear Perspex and corrugated sheeting was a fragile roof material. This work, at height, involved a particular risk, the engineer's report stated. Dundalk Courthouse A post mortem report outlined that Mr Doherty died from multiple traumatic injuries from a fall from height at work. The court heard that Brian Kelly was interviewed under caution and attended with a pre-prepared statement. He said that he, his two sons and Liam Doherty were working. He assessed the roof. The Perspex sheets were not safe to be walked on without laths across them. Liam was the only person standing on the roof. One of his sons was operating a lift to hoist the solar panels onto the roof. He heard the noise of Liam falling through the skylight. They all rushed down. Mr Kelly continued that he didn't know why Liam 'moved into an area outside the work zone'. He said that he lost a lifelong friend. He missed him every day. He was utterly devastated and heartbroken and found it difficult to talk about. Cross-examined by counsel, Inspector Wall said that Mr Doherty was directing where the solar panels were to be left down. It was possible he backed on to one of the Perspex sheets. Nobody saw the incident. There were no previous convictions against either Brian Kelly nor the company. The family's Victim Impact Statement said that the loss of a son, brother and uncle had caused so much pain and suffering. Liam, who was single, called to the home house every day that he wasn't away. He supported his mother and his disabled brother. Life had become infinitely harder for their mother. Liam Doherty Today's News in 90 Seconds - 08 July 2025 Defence senior counsel Garnet Orange said that this was a desperately sad situation. The Doherty family suffered a terrible loss. This incident happened 'in the blink of an eye'. It was not negligence or recklessness at the highest level but closer to a tragic accident. Complacency had developed into work practices. Handed into court were documents showing the financial picture of a company described by Mr Orange as a profitable business but not hugely profitable. Insurance was not an issue of concern. The company was no longer trading at the same level. Judge Dara Hayes expressed his deepest sympathy to the Doherty family, some of whom were present for the hearing having travelled from Inishowen. "Your brother should still be with us and should not have died.' The judge continued there were clearly serious offences, breaches of the Health & Safety Act which is there to guard against complacency. He said he wanted to take time to consider how to deal with the case and adjourned sentencing to July 8. Funded by courts reporting scheme.
Irish Independent
05-06-2025
- Irish Independent
Donegal man died at work after falling through roof of agricultural shed
Liam Doherty (43), Clougherna, Ballyliffin, Co. Donegal, passed away at the scene on August 14, 2023. He fell approximately six-and-half metres onto a concrete floor in an agricultural shed at Bellingham Farms, Milestown, Castlebellingham, Co. Louth. Mr Kelly (58), Lower Illies, Buncrana, Co. Donegal, and the company were each accused of four breaches of the Health & Safety Act. He is Managing Director of Solar Power Ireland BK Limited and signed pleas of guilty to the charges on his own and the company's behalf. During a sentence hearing at Dundalk Circuit Court evidence was given that neither a lanyard nor harness system were in operation when Mr Doherty fell through Perspex which was acting as a skylight. In a Victim Impact Statement written on behalf of the family by his sister Róisín, she said that not enough attention was paid to safety in this line of work. 'Workers' lives matter. We hope there are no more deaths like this.' Inspector Eddie Wall, Health & Safety Authority, said that the accident occurred at 1.59pm. CCTV footage at ground level captured some part of it. No footage was played in court. Photographs of the area were handed up. Mr Doherty stepped onto a clear Perspex sheet and fell approximately six-and-a-half metres to a concrete floor. Brian Kelly was present with his two sons all of whom were working having been subcontracted to install solar panels. No safety harness was used, Mr Wall continued. A prohibition notice was served. The scene was examined by an engineer on August 28. The roof was of corrugated fibre cement roof sheeting with Perspex at intervals as skylights. Neither a lanyard nor harness system was being used. There was no project supervisor nor safe system of work plans. It was not identified that Perspex should be treated as a hazard. The root cause of the accident was not having in place the appropriate safe systems of work. "The work could not be carried out without risk to health,' the engineer found. Clear Perspex and corrugated sheeting was a fragile roof material. This work, at height, involved a particular risk, the engineer's report stated. A post mortem report outlined that Mr Doherty died from multiple traumatic injuries from a fall from height at work. The court heard that Brian Kelly was interviewed under caution and attended with a pre-prepared statement. He said that he, his two sons and Liam Doherty were working. He assessed the roof. The Perspex sheets were not safe to be walked on without laths across them. Liam was the only person standing on the roof. One of his sons was operating a lift to hoist the solar panels onto the roof. He heard the noise of Liam falling through the skylight. They all rushed down. Mr Kelly continued that he didn't know why Liam 'moved into an area outside the work zone'. He said that he lost a lifelong friend. He missed him every day. He was utterly devastated and heartbroken and found it difficult to talk about. Cross-examined by counsel, Inspector Wall said that Mr Doherty was directing where the solar panels were to be left down. It was possible he backed on to one of the Perspex sheets. Nobody saw the incident. There were no previous convictions against either Brian Kelly nor the company. The family's Victim Impact Statement said that the loss of a son, brother and uncle had caused so much pain and suffering. Liam, who was single, called to the home house every day that he wasn't away. He supported his mother and his disabled brother. Life had become infinitely harder for their mother. Defence senior counsel Garnet Orange said that this was a desperately sad situation. The Doherty family suffered a terrible loss. This incident happened 'in the blink of an eye'. It was not negligence or recklessness at the highest level but closer to a tragic accident. Complacency had developed into work practices. Handed into court were documents showing the financial picture of a company described by Mr Orange as a profitable business but not hugely profitable. Insurance was not an issue of concern. The company was no longer trading at the same level. Judge Dara Hayes expressed his deepest sympathy to the Doherty family, some of whom were present for the hearing having travelled from Inishowen. "Your brother should still be with us and should not have died.' The judge continued there were clearly serious offences, breaches of the Health & Safety Act which is there to guard against complacency. He said he wanted to take time to consider how to deal with the case and adjourned sentencing to July 8.
