R. W. McCONNACHIE v. DANKARTS WOODWORKING MACHINERY (Hansard, 23 May 1979)

§ 35. Mr. Cryer
asked the Solicitor-General for Scotland if he will make a statement on his consultations on the operation of the Health and Safety at Work, etc. Act with the Health and Safety Commission, following the case of R. W. McConnachie v. Dankarts Woodworking Machinery.

§ The Solicitor-General for Scotland
I have had no consultations with the Health and Safety Commission yet. I have studied the case of R. W. McConnachie v. Dankarts Woodworking Machinery, and I am satisfied that the law as it stands is likely to ensure as best as it can the safety and health of people at work and members of the public.

§ Mr. Cryer
Does the hon. and learned Gentleman accept that his predecessor understood that the law might need strengthening? Is it not a matter of concern to him, and to the Conservative Government, that it appears from the case that the position regarding imported machinery is significantly lower and is entirely outside the Health and Safety at Work etc. Act 1974, and may be outside the absolute provisions in section 14 of the Factories Act 1961? Why should this country tolerate lower standards for imported machinery than for our own machinery? In this respect, why can we not adhere to the standards of other EEC countries, which would not tolerate these lower standards?

§ The Solicitor-General for Scotland
The hon. Member misunderstands the law. He will know that section 6 of the Health and Safety at Work, etc. Act 1974 provides that any person who designs, manufactures, imports or supplies any article for use at work —has a duty— to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed … by subsection (1), which is to ensure, so far as possible, that the article is designed and constructed to be safe and without risk to health. In this case, the fact that the machine was imported is irrelevant. It cannot be made safe unless one is first able, without prosecution, to test it to make sure that it is safe.

§ Mr. Peter Fraser
Will my hon. and learned Friend be taking any steps to ensure that in future prosecutions under the Health and Safety at Work, etc. Act 1974 are considered by the Crown Office before the procurator fiscal takes any steps at local level?

§ The Solicitor-General for Scotland
Yes, Sir.

§ Mr. Dalyell
Are not extremely important precedents and issues involved? Did the Solicitor-General, by the use of the phrase "as best as it can" in his main answer, indicate that the Government are far from happy about the situation?

§ The Solicitor-General for Scotland
No, Sir. The hon. Gentleman is not accurate in taking that phrase out of my words. In my opinion, the law as it is drafted is most likely to ensure that the new machinery is safe after testing. I see no necessity for any change in the law. The law will never be perfect, but, as best as it can, it now ensures health and safety at work.