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Questions > Health and Safety (Offences) Bill
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From the house of Commons Hansard 27th April 2007

Health and Safety (Offences) Bill

Mr. Sadiq Khan: It is a privilege to speak in favour of the Bill introduced by my hon. Friend the Member for Caerphilly (Mr. David). I do not know how he managed to swing it so that his Bill received a Second Reading on the day before workers’ memorial day; he must have influence in some very high places. Today, I am speaking from my experiences as a trade unionist and as a solicitor who has acted for the victims of injury in the workplace and for their bereaved families. In fact, some of the cases to which the hon. Member for Scarborough and Whitby (Mr. Goodwill) referred were cases in which the firm that I co-founded acted on behalf of the bereaved families, or of those who had been injured.

When one speaks to victims of incidents at work or their family members, one finds that what they are really after is not compensation, but justice. They want to ensure that no death or personal injury takes place again, and that we are not put in a situation in which we can say, “Oh my God, not again.” That is the motivation for using the Health and Safety at Work, etc. Act 1974 and looking to the Health and Safety Executive to bring a prosecution.

It is worth considering the micro impact—that on the individual—and the macro impact. The cost of work-related accidents and ill health to society has been estimated at between £11 billion and £18 billion—the equivalent of 2 to 3 per cent. of the UK’s gross domestic product. Those vast costs crudely suggest the waste of productivity and the scale of human suffering that stems from health and safety offences.

The hon. Member for Scarborough and Whitby asked why the Bill had to come from a Back Bencher. I remind him that we recently commemorated a measure that a Back Bencher introduced 200 years ago—it began the outlawing of slavery. I therefore have no problems with a Back Bencher promoting the Bill and I fully support my hon. Friend’s measure.

Bob Spink: Is the hon. Gentleman aware of the even more recent case of the most used criminal law in the land? It is the Confiscation of Alcohol (Young Persons) Act 1997, which began as a private Member’s Bill.

Mr. Khan: The hon. Gentleman, who is the king of interventions, made a good intervention, as usual. I suspect that he did that because he promoted the Act to which he referred. I will not hold that against him. It is an example of why we should not criticise the Government for not thinking of the idea first.

The Bill does not criticise the Health and Safety Executive or local authorities, which do all they can to bring successful health and safety prosecutions. The Bill is not about changing the requirements on business. The hon. Member for Scarborough and Whitby made several good points that are worth a response. He asked about the burdens on landlords, employers and businesses. The Bill would not add further burdens. He spoke of his concern about the reverse burden of proof, but the measure complies with article 6 of the European convention on human rights. If he believes that more money should be spent on having more HSE inspectors and on advertising and making people aware of sentences for breaches of health and safety, he can table an amendment to the Finance Bill next week to increase expenditure so that more money can be spent on those matters.

The hon. Gentleman also referred to the long sentences that courts pass. It is worth bearing in mind that none of the sentences in the measure are mandatory. They simply give the judges further tools if they believe that a higher penalty should be imposed on somebody who breaks the law.

The Bill has three clauses and I congratulate my hon. Friend the Member for Caerphilly on making it so short. I am especially pleased with two aspects of it. First, it provides that magistrates courts and Crown courts can imprison people when appropriate for health and safety offences. Secondly, it provides that some cases that were previously triable only in the magistrates court can be sent to the Crown court. That means that a magistrate could send a case to the Crown court.

I do not foresee loads of extra people going to prison. I expect the Bill to be used as a more effective deterrent, especially to directors and managers, whose influence on securing good health and safety practice is critical. Let us be clear: most health and safety breaches are not the fault of an individual director, but due to systemic failures. The idea that the Bill will mean directors queuing up to go to prison is not borne out by the facts.

As I said, I welcome the excellent measure and I congratulate my hon. Friend again on promoting it. I believe that it will lead to a change in the behaviour of those few employers, landlords and businesses who have been guilty of flagrant disregard of health and safety legislation, leading our judges to demonstrate frustration in some cases. It will give judges the right tools to punish adequately the guilty landlord, employer and business. I commend it to the House.

 

 

 

 

 

 

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