Safety, Health and Welfare (Offshore Installations) Act, 1987
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Certain publications privileged. |
43.—(1) The publication, in whole or in part, of a report of an inspector relating to an offshore installation and made pursuant to this Act to a person who as regards the installation is a member of the safety committee, the safety representative, safety delegate, deputy safety representative or deputy safety delegate shall for the purposes of the law of defamation enjoy qualified privilege. | |
(2) Where— | ||
(a) a notice is served under section 42 of this Act, or, | ||
(b) (i) there is known to the Minister, by virtue of the performance of his functions under this Act or otherwise, any fact or matter regarding an offshore installation which is or has at any time been an offshore installation to which this Act applies or any matter, thing or practice on or in such an offshore installation or connected with the control or management of any such offshore installation, or | ||
(ii) by virtue of such performance or otherwise the Minister knows, or believes to be the case, any other fact or matter, and | ||
(iii) in either case, the fact or matter is in the opinion of the Minister relevant to the safety, health or welfare of persons employed on, in or in the neighbourhood of such an offshore installation, | ||
the Minister may in his absolute discretion publish the service or other fact or matter to a person who as regards the relevant offshore installation is for the time being a safety representative, safety delegate or a member of a safety committee, and in case such service, fact or matter is so published by the Minister, the publication shall for the purposes of the law of defamation enjoy qualified privilege. |