§ Mr. Bill MichieTo ask the Secretary of State for Employment if he has any plans to empower magistrates to refer for sentencing to the Crown court cases brought by the Health and Safety Executive under the Health and Safety at Work etc. Act and any of the relevant statutory provisions within the meaning of section 53 of the Act.
§ Mr. NichollsMagistrates have existing powers under the Magistrates Court Act 1980 to refer individuals to a higher court for sentencing. This power does not extend to corporations. Any amendment to include corporations would be a matter for the Home Office. However, for
646W
Enforcement notices issued by health and safety executive inspectorates1 Number issued Result of notice Full compliance Compliance with extension Withdrawn Prosecution No further action Continuing requirement Other result Result not known 1985 Improvement 5,584 4,703 508 48 39 96 13 1 176 Prohibition: Deferred 248 203 10 4 1 2 16 — 12 Immediate 2,193 1,948 8 1 11 8 181 5 31 1986–872 Improvement 6,575 5,514 509 64 73 86 8 5 316 Prohibition Deferred 195 147 5 1 — — 21 1 20 Immediate 2,707 2,353 10 8 11 20 231 — 84 1987–882 Improvement 6,629 5,401 501 60 46 91 8 1 521 Prohibition: Deferred 231 178 4 — — — 35 — 14 Immediate3 4,296 3,903 15 5 14 14 217 1 127 serious health and safety cases, health and safety executive inspectors are increasingly seeking to persuade magistrates that such cases should be dealt with in the Crown court.
§ Mr. Tony LloydTo ask the Secretary of State for Employment how many(a) improvement and (b) prohibition notices were issued by the Health and Safety Executive in the years 1985, 1986, 1987, 1988 and 1989; to whom they were served; and what was the outcome.
§ Mr. Nicholls[holding answer 14 February 1990]: The table summarises the number of improvement and prohibition notices issued for the calendar year 1985 and the financial years 1986–87 and 1987–88, and their outcome. The figures for 1988–89 are not yet available. The names of those on whom the notices were served could be provided only at disproportionate cost.
647W1 Her Majesty's Factory, Agricultural, Mines and Quarries, Explosives and Nuclear Installations inspectorates.
2 Years commencing 1 April.
3 Reflects the major enforcement initiatives aimed at small construction sites.