EMPLOYMENT PROTECTION IN HEALTH AND SAFETY CASES

HC Deb 16 February 1993 vol 219 cc267-8

Amendment proposed: No. 54, in page 68, line 10, at end insert—

'(bb) being an employee at a place where—

1. (i) there was no such representative or safety committee, or
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2. (ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,

he brought to his employer's attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,'.—[Mr. Michael Forsyth.]

Madam Deputy Speaker

With this, it will be convenient to discuss Government amendments Nos. 47, 48, 55, 49 and 50.

Mr. Peter Bottomley

If I may speak briefly to the amendment, it brings us to the end of the Report stage and also to what I call the social aspect of the European Community. It is worth recognising that the United Kingdom has one of the best health and safety records in the Community.

Amendment No. 54 deals with an employee at a place where there is no such representative or safety committee. Our law builds on the Act that makes provision for health and safety and on the work of the Health and Safety Executive. It also builds on the tripartite Health and Safety Commission.

I hope that those who are considering the social policy of the European Community in the context of other Bills understand that one of the reasons why our health and safety performance is better than that of most other countries is the co-operation at work between representatives of employees and representatives of employers. As well as the responsibility at individual workplaces, the framework of the Health and Safety Commission is built upon recognition of the expertise, interests and responsibility of people at work.

I recommend that the Treasury Bench should try to build on that as a way of resisting some of the amendments to other Bills and should try to recognise the role of trade unions and the hundreds of thousands of people within the trade union movement who give of their time to represent their fellow workers and, for that matter, who help to protect their own employers from the health and safety risks that would otherwise threaten their businesses.

Amendment agreed to.

Amendments made: No. 47, in page 68, line 11 leave out 'was' and insert 'he reasonably believed to be'.

No. 48, in page 68, line 17 leave out from 'of' to 'he' and insert 'danger which he reasonably believed to be serious arid imminent,'.

No. 55, in page 70, line 5, at end insert— `(bb) being an employee at a place where—

1. (i) there was no such representative or safety committee, or
2. (ii) there was such a representative or safety committee but it was not reasonably practicable for the employee to raise the matter by those means,

brought to his employer's attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety,'.

No. 49, in page 70, line 6, leave out 'was' and insert 'he reasonably believed to be'.

No. 50, in page 70, line 12 leave out from 'of' to end and insert 'danger which he reasonably believed to be serious and imminent,'.—[Mr. McLoughlin.]