HC Deb 28 April 1986 vol 96 cc341-3W
Mr. Ashley

asked the Paymaster General how many Crown notices have been issued to hospitals in each of the last five years; and to what aspects of health and safety they referred.

Crown notices to Health Authorities
NHS hospital activity 1980 1981 1982 1983 1984
Safety Organisation, Safety Policy Instruction and Training 2 6 5 3
General Environmental Conditions (Heating, Lighting, etc.) 5 2 3 2
Asbestos (Works Departments) 1 3 10 7 8
Laboratories 6 30 25 7 3
Post Mortem Facilities 5 12 1 4
Disposal of Clinical Waste 7 1 2 3
Other matters connected with potentially infected material 1
Anaesthetic Gases (Theatres) 1 1
Dangerous Machinery (Workshops, Kitchens, Laundries) 4 15 9 3 1
Pressure Plant (Works Department) 1 1 1
Storage and use of Liquids, Gases and Solids (not already included above) 11 21 19 16 5
Unsafe Places of Work and Dangerous Buildings 7 4 2 5
x-Ray Departments, Radiotherapy Departments and other uses of Ionising Radiations 5 1
Electricity 2
Other 1 3
Totals 29 99 94 49 32

Mr. Ashley

asked the Paymaster General what representations he has received regarding the removal of Crown immunity in respect of health and safety legislation; what response he has made; if he will prepare legislation to remove immunity: and if he will make a statement.

Mr. Lang

Since my hon. Friend's reply to the right hon. Member on 21 January at column126 we have received six further letters regarding the removal of Crown immunity in respect of health and safety legislation. We have considered these representations carefully. The Crown is not immune from the Health and Safety at Work etc. Act itself; only from the Act's enforcement procedures. Where comparison between Crown and non-Crown establishments is possible it appears to the Health and Safety Executive, based on the experience of its inspectors, that no significant difference in standards of health and safety exists. We are not convinced that any change in the Crown's position under health and safety legislation is justified and will not be preparing legislation. We will, however, keep the issue under review.

Enforcement notices issued by enforcing authorities
1980 1981 1982 1983 1984 1980–84
Crown notices
(a) to Health authorities 29 99 94 49 32 303
(b) to others 6 17 15 11 16 65
Total Crown 35 116 109 60 48 368
Non-Crown notices 15,863 15,372 16,005 16,012 15,816 79,068

Mr. Lang

The information is given in the table. Figures for 1985 are not yet available.

Mr. Ashley

asked the Paymaster General on how many occasions individual employees of the Crown have been prosecuted under the Health and Safety at Work etc. Act; and if he will categorise them according to the section of the Act under which the prosecution arose.

Mr. Lang

Two employees of the Crown have been prosecuted under the Health and Safety at Work etc. Act 1974. Both prosecutions arose from the same incident in 1979 for offences under regulation 58(3) of the Shipbuilding and Shiprepairing Regulations 1960.

Mr. Ashley

asked the Paymaster General (1) how many Crown notices have been issued over the last five years in each of the areas of Crown employment;

(2) how many (a) Crown notices and (b) non-Crown notices have been issued in each of the last five years; and if he will express the figures in terms of the number of notices per thousand workers covered.

Mr. Lang

The best information now available is as follows:

Figures for 1985 are not yet available.

It is estimated that in 1983, 0.04 Crown notices per thousand employees in Crown premises were issued, and 0.8 non-Crown notices per thousand employees in non-Crown premises.

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