Channel Tunnel (Hansard, 31 October 1990)

§ Mr. Tony Lloyd
To ask the Secretary of State for Employment if he will make a statement on the prosecution of the five companies forming Translink Joint Venture concerning the death of Keith Lynch on 10 January during construction of the channel tunnel.

§ Mr. Forth
On 12 October 1990 the Health and Safety Executive announced its decision to prosecute Translink628W Joint Venture for an alleged breach of Section 2 of the Health and Safety at Work etc. Act 1974 following the investigation into the circumstances which led to the death of Keith Lynch on 10 January. The case is due to be heard before Dover and East Kent magistrates court on 12 December 1990.

§ Mr. Tony Lloyd
To ask the Secretary of State for Employment if he will detail the prosecutions against the five companies forming Translink Joint Venture, the British half of the Anglo-French consortium Transmanche Link, building the channel tunnel; and in each case itemise the outcome of each prosecution and Government action taken as a result of the outcome.

§ Mr. Forth
The Health and Safety Executive has successfully prosecuted the five constituent companies of Translink Joint Venture (TJV) on three occasions:
(i) on 26 July 1988 at Canterbury Crown court total fines of £8,750 and costs of approximately £7,500 were imposed for breaches of sections 2 and 3 of the Health and Safety at Work etc. Act 1974—HSW—and the Construction (General Provisions) Regulations 1961. This followed HSE's investigation into an incident on 2 December 1987 when four eight-ton railway wagons ran 300m down an adit into the tunnel workings;

(ii) on 16 November 1988, Dover magistrates court imposed fines totalling £20,000 and costs of £500 for breaches of sections 2 and 3 of the HSW Act arising out of HSE's investigation into an incident underground on 5 April 1988 when a cylinder of liquefied petroleum gas was hit and punctured by a train;

(iii) on 26 March 1990 at Maidstone Crown court fines totalling £50,000 and costs of nearly £6,000 were imposed for a breach of section 2 of the HSW Act following HSE's investigation into the circumstances surrounding the death of David Symes on 6 February 1990.
The HSE's prosecution of TJV for alleged breaches of section 2 of the HSW Act following the investigation into the death of Gary Woodward on 23 October 1989, the third site fatality, is before the courts. The HSE is also prosecuting Robbins-Markham joint venture companies—suppliers of the tunnel boring machine—for an alleged breach of section 3 of the HSW Act. On 24 October 1990 Dover magistrates committed these cases to Maidstone Crown court.
On 12 October the HSE announced its decision to prosecute TJV for an alleged breach of section 2 of the HSW Act following the investigation into the death of Keith Lynch, the fourth site fatality, on 10 January 1990. The case is due to be heard before Dover and East Kent magistrates court on 12 December 1990.
It is the duty of the Health and Safety Executive to make arrangements to enforce the 1974 Act. When investigating accidents or other incidents, HSE inspectors will ensure that the firms concerned take prompt remedial action to prevent any recurrence. Such action is not linked to the outcome of a particular prosecution.