HC Deb 04 July 1979 vol 969 cc1372-3
34. Mr. Cryer

asked the Solicitor-General for Scotland if he has recently met the chairman of the Health and Safety Commission to discuss the matters raised with his Department by the hon. Member for Keighley arising from the decision in the case of R. W. McConnachie v. Danckarts Woodworking Machinery Ltd.

The Solicitor-General for Scotland

No, Sir.

Mr. Cryer

Does the hon. and learned Gentleman accept that the answer given by his predecessor on 14 March was completely at variance with his own to me? Does he also accept that in this case the prosecution arose because of a visual inspection of the machinery which disclosed that there was no guard on the chain and sprockets? Does he accept that in such circumstances, to run the machinery with the danger of injury occurring would be absurd when a clear visual examination had demonstrated a breach of safety regulations? Does the hon. and learned Gentleman also accept that in the event of running machinery, the occupier, not necessarily the importer, would be in breach of section 14 of the Factories Act 1961, which places an absolute obligation on employers to provide protection of machinery and guards against components? In those circumstances, what will the hon. and learned Gentleman do? Will he leave it to lawyers to undertake a test, or will he really get down to some serious discussions?

The Solicitor-General for Scotland

The answer to all those questions is "No, Sir". The hon. Gentleman misunderstands the situation completely. I do not know what his close interest is in this case, but he will know that guards were ordered for these machines and that the machines were tested, which is the statutory requirement of the Health and Safety at Work, etc. Act upon which he was advised when he last asked his question. Any person who imports—in this case it was imported machinery—has a duty to carry out or arrange for the carrying out of testing and examination as may be necessary for the performance of the duty imposed. If the hon. Gentleman really wants unsafe machinery to come into this country, he can arrange for a statutory provision which prevents its being tested before use.

Mr. Cryer

On a point of order, Mr. Speaker. In view of the unsatisfactory nature of that reply, I beg to give notice that I shall seek to raise the matter on the Adjournment at the earliest opportunity.