§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment how many companies have been subjected to legal proceedings by the Health and Safety Executive due to their breach of regulation 7 of the Control of Industrial Major Accident Hazard Regulations 1984.
§ Mr. NichollsNone.
§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment how many health and safety prosecutions by the Health and Safety Executive were carried out in(a) magistrates courts and (b) Crown courts, in each of the last five years for which figures are available.
§ Mr. NichollsAvailable information is set out in the table:
1All courts 2 Crown courts Year Information Laid Counts on which convicted Counts on which convicted 19833 2,238 1,941 — 1984 2,209 1,944 — 1985 2,321 1,915 — 1986–87 2,199 1,771 35 1987–88 2,337 2,053 14 1988–89 n/a4 n/a4 38 n/a =Not yet available. 1 Data relate to prosecutions brought in all Magistrates, Crown and Sheriff's Courts by factory and agricultural inspectorates, mines and quarries inspectorate, nuclear installations inspectorate, railway inspectorate and petroleum engineering division (Department of Energy). The vast majority of prosecutions are brought by HM factory and agricultural inspectorates. 2 Data relates to prosecutions in England and Wales brought by factory inspectorate, and is derived from a special HSE survey. Information prior to April 1986 is not available. 3 1983–85 calendar years: 1986–87 onwards year commencing 1 April. Data for January—March 1986 have to be omitted. 4 Data currently being processed.
§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment what was the average financial penalty imposed in successful health and safety prosecutions brought by the Health and Safety Executive in each of the last five years for which figures are available(a) in magistrates courts and (b) in Crown courts.
§ Mr. NichollsAvailable information is set out in the table:
1043W
Average penalty per count on which convicted1 All courts2 Crown courts3 £ £ 19834 3 252 — 1984 313 — 1985 436 n/a 1986–87 410 2,086 1987–88 792 2,696 1988–89 5n/a 3,017 1 Defendants may be convicted on several counts. 2 Data relates to prosecutions brought in all magistrates, Crown and sheriffs courts by factory and agricultural inspectorates, mines and quarries inspectorate, nuclear installations inspectorate, railway inspectorate, and petroleum engineering division (Department of Energy). 3 Data relates to prosecutions brought by factory inspectorate in England and Wales and is derived from a special survey by the HSE. Information prior to April 1986 is not available. 4 1983–85 calendar years: 1986–87 onwards year commencing 1 April. Data for January to March 1986 have been omitted. 5 Data currently being processed.
§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment what is the policy of the chief inspector of factories as to whether health and safety at work cases should be prosecuted in magistrates courts or Crown courts.
§ Mr. NichollsIt is a decision for magistrates courts whether a case should be committed on indictment to the Crown court. Health and Safety Executive inspectors can make representations asking for committal, and will normally do so where they consider a particularly serious offence has been committed, or where the case seems of national significance.
§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment what is the total number of factories and other places of work for which the Health and Safety Executive is responsible for enforcing the Health and Safety at Work etc. Act 1974; how many of these have been basically inspected by the factory inspectorate in each of the last four years; and how many have received no inspection in the last(a) five, (b) seven, (c) nine and (d) 11 or more years.
§ Mr. NichollsI shall write to the hon. Member.
§ Mr. Andrew F. BennettTo ask the Secretary of State for Employment if he will list the names of those companies which are currently in breach of the Control of Industrial Major Accident Hazards (CIMAH) Regulations 1984 by not having submitted a full safety case under regulation 7 to the Health and Safety Executive by 30 June.
§ Mr. NichollsNo. The Health and Safety Executive (HSE) does not make publicly available the names of companies which may not have complied with health and safety and other related legislation unless enforcement notices have been served which have implications for the safety of the public. Details of these are available on the publicly accessible registers kept at HSE's local area offices.