HC Deb 19 June 1989 vol 155 cc16-7
30. Mr. Allen

To ask the hon. Member for Berwick upon Tweed, as representing the House of Commons Commission, what assessment he has made of the effect of the application of Crown immunity in the Palace of Westminster on the adequacy of health and safety provision for staff working in the House of Commons; and if he will make a statement.

Mr. Beith

Although, as I understand it, neither the enforcement provisions nor those relating to the prosecution of offences in the Health and Safety at Work, etc. Act 1974, apply to the Palace of Westminster, it is nevertheless the policy of the House to endeavour to comply fully with the requirements of the Act and with all other relevant statutory provisions, subject only to such specific exemptions provided for in legislation that arise from the constitutional position of the Crown.

Mr. Allen

Is it not outrageous that in this day and age the House of Commons and the Palace of Westminster are not covered effectively by the Health and Safety at Work, etc. Act 1974 and that Crown immunity still exists in respect of people who work and often are injured in this place? Will the hon. Gentleman take steps to ensure that although the Health and Safety Executive is invited into this place on a grace and favour basis, there is a proper monitoring system by the House of Commons Commission to ensure safety conditions affecting people who live and work in the Palace of Westminster are improved to the standards that they would have to meet were the 1974 Act applicable?

Mr. Beith

It is misleading to suggest that health and safety at work requirements for the staff working in this place are not covered. It is the object of the authorities of the House to ensure that they are observed in every respect. It is also misleading to suggest that officers of the Health and Safety Executive or other bodies must be invited here. They are admitted at their own request if they wish to come at other times. Nevertheless, it is important that we should be fully satisfied that the House is complying, so far as the limits of this building permit, with the legislation and that its monitoring should take that into account.

Mr. Alan Williams

Does not the present situation deprive the people who work here of their rights because under the Health and Safety at Work, etc. Act 1974, in the last resort, they have recourse to law in the event of a dispute between them and the employer? That right is not available to employees here. Our employees are at a disadvantage in relation to people outside this place.

Mr. Beith

The right hon. Gentleman will know that it is not possible to prosecute the Crown. However, it is the policy of the House to try to ensure that its employees are not placed at a disadvantage and to meet liabilities where any can be shown. If the right hon. Gentleman is aware of circumstances in which he feels that a dispute has not been properly resolved, I hope that he will draw it to my attention, because I am sure that the House of Commons Commission would not want that to happen.