HL Deb 28 February 1997 vol 578 cc1434-40

12.33 p.m.

Lord Luke

My Lords, I beg to move that this Bill be now read a second time.

This Bill seeks to put right an anomaly which has existed since 1975 when the Health and Safety at Work etc. Act 1974 came into force.

I think that some of your Lordships will be surprised to learn that police officers who face a firebomb attack in the course of a riot are not covered by the health and safety legislation. This is because, unlike their civilian colleagues, the employment status of police officers does not fall within the 1974 Act's definition of employment.

This Bill, which was introduced in another place by my honourable friend the Member for Wycombe, will put right this anomaly. It seeks to place police officers, special constables and police cadets in the same position as other workers under the health and safety legislation.

At this point I think that I should declare an interest as I have held the appointment of High Sheriff for Bedfordshire and I have served on the county police authority. But before that I had the honour of serving as a special constable in the City of London.

Pressure for this Bill has come from two directions. First, the police service itself wants to be covered by the health and safety legislation on a statutory basis. Secondly, the enactment of the Bill will enable Her Majesty's Government to implement more fully a series of European Union directives on health and safety, which apply to all workers.

The police federations and the other police representative bodies believe that the extra discipline which comes from statutory compliance will lead to real improvements in the health, safety and welfare of police officers.

Support for the legislation comes also from the Associations of Chief Police Officers, who are concerned by the drain on force budgets from sickness and early retirements due to accidents and assaults. Industrial experience indicates that good health and safety arrangements are beneficial both in economic terms and in improved morale.

I should like now to outline what the Bill does. Clause 1 is the key provision. It inserts a new section into the Health and Safety at Work etc. Act 1974 and brings police officers, special constables and police cadets under the protection of the Act. In legal terms it provides that a person who holds the office of constable, special constable or an appointment as a police cadet shall be treated as an employee for the purpose of the Act.

The Bill will apply to all constables and cadets. This will include those who serve in the area forces established under the Police Act 1996 and the Police (Scotland) Act 1967, and also to forces established under other enactments, such as the Ministry of Defence Police, the British Transport Police and the forces which are responsible for docks and harbours.

The Bill will also apply to constables who are members of the National Criminal Intelligence Service and the National Crime Squad, which will be given statutory identities when the current Police Bill is enacted. Police officers who are seconded to central service units, such as the National Directorate of Police Training and Her Majesty's Inspectorates of Constabulary will also enjoy the Bill's protection.

For the purposes of the 1974 Act the employer of constables and cadets will be the chief officer of police for the area forces, and the Directors-General of NCIS and the NCS. In the case of other forces and central service the employer will be the person who has the direction and control of the constables or cadets in question.

The new section provides also that, in the case of the area forces, the national police federations and the police representative bodies will perform the functions which the 1974 Act confers upon recognised trade unions. This is very important because it means that these bodies will be empowered to appoint safety representatives and require their chief officers to establish safety committees. In the case of the central service bodies and the other forces the Bill empowers the Secretary of State to make corresponding provisions by means of regulations under Section 2 of the 1974 Act.

Clause 2 of the Bill extends the definition of "work" and "at work" as these terms are used in the 1974 Act. The effect is that a chief officer will only be responsible for securing the health and safety of his constables and cadets when they are actually on duty, that is during the hours that they are subject to his direction and control.

Clauses 3 and 4 insert new sections into the Employment Rights Act 1996. The effect of these clauses is that, where a constable or a police cadet is penalised or dismissed because of actions which he has taken on grounds of health and safety, he will be able to seek redress from an industrial tribunal, over and above the rights he has under the police disciplinary procedures. At present police officers are expressly excluded from the protections provided by the Employment Rights Act 1996. This will put them on a par with other employees.

Clause 5 authorises police authorities to make payments from police funds in respect of compensation, costs or expenses awarded against the chief officer. In the case of civil proceedings the police authority will be required to pay the costs; but in the case of any settlement made out of court the authority is first required to approve the amount of the settlement.

Clause 5 also empowers a police authority, at its discretion, to pay a fine and costs imposed upon the chief officer who is the subject of criminal proceedings for breaches of the health and safety regulations. But I emphasise that this is a discretionary power and it will be for the police authority to determine on the facts of each case whether or not it would be appropriate to pay the fine.

Clause 6 makes two consequential amendments. The first is to the definition of "employment" in the Health and Safety at Work etc. Act 1974. The second amends Section 200 of the Employment Rights Act 1996 which specifies provisions of that Act which do not apply to persons in police service.

Clause 7 is simply a procedural matter to facilitate the extension of the health and safety legislation to constables and police cadets in the Royal Ulster Constabulary and other forces in Northern Ireland. Clause 8 was approved as a money resolution in another place.

Finally, Clause 9 gives the Act its short title and also provides that it will come into force by order of the Secretary of State. It is important that there should be some flexibility over the commencement of the Act. Although the police service is already well on the way to complying with this legislation, forces will need some time to review their existing arrangements and to ensure that they are in a position to comply from the outset.

I believe that the Bill will contribute to substantial improvements in the health and safety of the police service. I am confident that the House will agree that this is a worthwhile objective and will wish to give the Bill a Second Reading. I commend the measure to the House.

Moved, That the Bill be now read a second time.— (Lord Luke.)

12.42 p.m.

Lord McIntosh of Haringey

My Lords, it is the duty of the Opposition to oppose. I have tried very hard to find some flaw in this Bill to "hang on to" in order to retain some reputation as an Opposition spokesman. But both the Bill and the excellent introductory speech of the noble Lord, Lord Luke, failed to provide me with any ammunition. On every point I have examined, the Bill is well thought out and well drafted.

All the questions that were raised by my honourable friends in another place appear to have been answered by the noble Lord and by the Government during the Bill's passage there. Their concerns were as to the extent of the Bill, in that it referred to police forces and police authorities. They were assured, as I am, that it covers the National Criminal Intelligence Service, the National Crime Squad, the British Transport Police and other special police forces, and indeed all central services. They were concerned with the definition of "at work". Although it excludes police acting when not on duty, which is clearly necessary, it is a very wide definition and includes all the occasions when health and safety legislation appears to be necessary.

My honourable friends were concerned with the representation of trade unions and the ability of trade unions to have safety representatives and a safety committee. That has been assured by the Bill. They were concerned that there should be access to industrial tribunals when there is a dispute on safety matters and that has been provided in addition to existing police disciplinary procedures. So I can think of very little to object to.

The Bill itself is clearly right. It is seriously overdue. In the 23 years that have passed since the Health and Safety at Work etc. Act 1974 the police ought to have had this protection and have never had it until now. It is welcome that at long last the protection is being extended to them.

I am therefore forced back on to my sour note of saying that this is another synthetic Bill. It is a noble aim for Sir Raymond Whitney and a noble aim for the noble Lord, Lord Luke. However, it is an abuse of procedures—particularly in another place where it is so difficult to find time for Private Member's Bills—that when a ballot is won government Bills are taken up rather than Bills of more independent origin. With that very minor caveat, we welcome the Bill.

12.45 p.m.

The Earl of Courtown

My Lords, first I should like to congratulate my noble friend on explaining his Bill so clearly and concisely. I was particularly glad to hear the support expressed by the noble Lord, Lord McIntosh of Haringey.

As some noble Lords will know, the Bill will implement the policy which my right honourable friend the Minister of State at the Home Office announced last October. In their collaborative work he and my noble friend have earned the gratitude of the police service.

The Government are strongly committed to providing police officers with the best possible protection against the many dangers they face daily in the course of their duties. In recent years my right honourable friend the Home Secretary has provided forces with substantial resources to enable them to improve standards of officer safety. Officers have welcomed the additional protection provided by the new styles of baton and handcuffs, and the training which has accompanied their issue. Improvements have been made also to the standards of protective clothing, including the wider distribution of body armour. Following a successful pilot project last year, he has authorised the wider use of CS sprays.

My noble friend will be glad to know that in the past two years my right honourable friend has allocated £10 million to improving standards in the special constabulary. Much of the money has been spent in bringing their safety equipment and training up to the same level as that of their regular colleagues. The Government are very conscious of the debt we owe to the men and women who serve their communities in the special constabulary.

The Bill will complement this and will make police managers more aware of their responsibilities towards the safety of the officers they command. The Bill will empower the police representative bodies to play an important role in the appointment of safety representatives and establishing safety committees. These are essential components in the effective management of health and safety.

When the Bill was in another place the Police Federation, as the noble Lord, Lord McIntosh said, asked for a number of the provisions to be clarified. If your Lordships will permit me I will address the federation's concerns and provide the assurances it sought. I hope that that will also assist your Lordships' understanding of the issues.

The first issue concerns the role of the national police federations and the police representative bodies in appointing safety officers and serving on safety committees within the National Criminal Intelligence Service, the National Crime Squad and central service establishments such as the National Directorate of Police Training and Her Majesty's Inspectorate of Constabulary.

As my noble friend explained, the Bill provides that, in the case of the area forces, the national federations and representative bodies will be deemed to be "recognised trade unions" for these purposes. In the case of NCIS, the National Crime Squad, central service organisations and the private forces, my right honourable friend will be empowered by the Bill to make regulations under Section 2(4) specifying which bodies will represent constables employed by those bodies. These regulations will be made in consultation with the chief officers and the representative bodies concerned. In policy terms our intention will be to designate the national federations and the other police representative bodies.

The Police Federation has been concerned also by a change in policy with regard to the right of access to industrial tribunals. I confirm that the effect of the Bill will be to provide a right of access to industrial tribunals for officers who have suffered detriment in health and safety cases, even in cases where they also enjoy a right of appeal to a police appeals tribunal.

In other words, the Bill will not affect an officer's rights of appeal to the police appeals tribunal. It will provide him with additional rights to take grievances on health and safety grounds to an industrial tribunal.

Work is already in hand to assist forces in implementing the legislation. Last October the Home Office published a comprehensive package of guidance on the steps which forces need to take in order to comply fully with the health and safety legislation. The guidance contains advice to senior officers on their strategic role for ensuring the effective management of health and safety. For middle managers there is a compendium of materials, covering such issues as training, the law, and how to prepare risk assessments.

An important part of our strategy has been a series of seminars to introduce the programme, firstly to chief officers and the chairmen of police authorities, and then to the key managers who will be responsible for applying it within forces. We are also reviewing current standards of health and safety training.

This work has been developed in close collaboration with the police and local authority associations and the Health and Safety Executive. Our aim is to ensure that forces will be in a position to comply with the new legislation from the outset. If your Lordships approve the Bill, my right honourable friend intends to allow forces at least 12 months' preparation time.

The Government are ever conscious of the risks which officers are exposed to daily in safeguarding the communities they serve. We shall always accord high priority to officer safety. I commend the Bill to your Lordships.

12.50 p.m.

Lord Luke

My Lords, I thank your Lordships for the attention given to the Bill. I think we have had a successful and useful short debate and some interesting points have been made. I am very glad that the noble Lord, Lord McIntosh, did not find any points to oppose.

I said earlier that I have had the honour to serve as a special constable. I am extremely glad that the Minister told us of the considerable support the Government are giving to the special constabulary which is a worthwhile body. I also know from personal experience some of the dangers which confront officers when patrolling our streets and investigating crime. During the 12 years when I served as a special, I took part in experiments with what were then called hand-held radios. They have contributed very considerably to the safety of constables by enabling proper communication to be maintained at all times on the beat. So much so that they are now entirely taken for granted.

I am convinced that the Bill will give the added protection the police deserve. That is certainly the view of the police service. I commend the Bill to the House.

On Question, Bill read a second time, and committed to a Committee of the Whole House.