§ Mr. Greville Jannerasked the Secretary of State for Employment whether he will seek to introduce legislation to extend the provisions of the Health and Safety at Work, etc. Act 1974 to the Crown and thereby remove Crown immunity in respect of the service of prohibition and improvement notices and prosecution under that Act and other industrial safety legislation.
§ Mr. GoldingThe Health and Safety at Work, etc. Act 1974 is binding on the Crown and the Government are committed to taking whatever action is necessary to secure compliance by all Crown bodies.
The Health and Safety Commission takes the view that amending legislation should be introduced to remove the Crown's immunity from enforcement and prosecution. The Commission has provided Ministers with a paper setting out its views and detailing some problems experienced by the Commission in dealing with Crown bodies. My right hon. Friend and other Ministers concerned are now considering that paper and the issues it raises.
Meanwhile, the Commission has introduced a special form of notice which the Health and Safety Executive's inspectors will serve on Crown bodies in circumstances where a statutory improvement or prohibition notice would have been served on an employer in the private sector. This means that the action taken by the executive in relation to Crown establishments is similar to that taken elsewhere.