§ Mr. O'HaraTo ask the Secretary of State for Employment against which authority an individual can claim in the event of a claim for compensation arising from the failure to implement EC directive 89/618.
§ Mr. ForthThe Government do not accept that individual rights to claim compensation arise from the failure to implement the directive before the due date.
In the event of a member of the public seeking to establish an individual right to claim compensation arising from the failure to implement the directive, civil proceedings might be instituted against the Crown under section 17(3) of the Crown Proceedings Act 1947. In that case, the appropriate authorised Government Department against which civil proceedings might be instituted would therefore be this Department as it has responsibility for laying before Parliament proposals for the statutory instrument intended to implement the directive.
§ Mr. O'HaraTo ask the Secretary of State for Employment what is the Government's timetable for promulgation of the information stipulated by EC directive 89/618.
§ Mr. ForsythThe Health and Safety Commission is currently conducting public consultation on proposals to implement EC directive 89/6I8/Euratom. Comments are required by the end of February 1992. We will bring forward new legislation as soon as comments have been considered and proposals scrutinised by the European Commission under the procedure set down in article 33 of the Euratom treaty.