§ Mr. William Priceasked the Secretary of State for Employment how he accounts for the substantial difference in the number of prosecutions brought in 1971 under the Factories Act, 1961, in districts of similar character.
§ Mr. Dudley SmithProsecution is only one of the ways by which inspectors influence managements to comply with the law. Whether or not it is the appropriate way is a matter of judgment, in which the knowledge of the district inspector concerned plays an important part. Different assessments can legitimately be made within the framework of the Chief Inspector's instructions.
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§ Mr. William Priceasked the Secretary of State for Employment what is the Department's policy on prosecutions under the Factories Act, 1961; how this is made known to individual inspectors; and what steps he proposes to take to ensure that this policy is carried out.
§ Mr. Dudley SmithProsecutions are taken where such action appears to be necessary to secure compliance with the law. Whether or not prosecution is appropriate in any particular case depends upon a number of factors, including the seriousness of the alleged contravention, the degree of risk involved, and the attitude of the company or person concerned to his legal obligations. This policy is set out in standing instructions to inspectors. Its execution is kept under regular review by the Chief Inspector.