§ Mr. GalbraithTo ask the Secretary of State for Employment how many(a) company directors and (b) employees were prosecuted, and what was the average fine imposed on those convicted in each case, under the Health and Safety at Work et. Act 1974, in each year since 1974.
§ Mr. McLoughlinIt is not possible to specify the number of prosecutions against company directors alone. However, section 37 of the Health and Safety at Work etc. Act 1974 permits the prosecution of any director, manager, secretary or other corporate official for offences committed by the company. Section 7 of the 1974 Act provides for prosecutions of employees. Tables showing the number of prosecutions since 1 January 1981 under these two sections follow. The information requested is not readily available for the years before 1981.
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Information Laid by HSE's Factory and Agricultural Inspectorates, 1981 to 1990–91 Section 37 of HSW Act Year (a) Number of Informations Laid Number of Convictions Average fine per Conviction (£) 1981 7 7 179 1982 16 11 293 1983 7 6 221 1984 9 6 208 1985 15 11 218 1986–87 45 5 400 1987–88 6 4 188
Year (a) Number of Informations Laid Number of Convictions Average fine per Conviction (£) 1988–89 8 6 617 1989–90 23 18 1,731 1990–91(b) 6 4 250
Section 7 of HSW Act Year (a) Number of Informations Laid Number of Convictions Average fine per Conviction (£) 1981 24 19 81 1982 23 21 112 1983 38 29 104 1984 30 24 116 1985 34 30 209 1986–87 32 21 132 1987–88 35 27 183 1988–89 32 28 156 1989–90 46 38 148 1990–91(b) 26 19 291 (a) 1975 to 1985 calendar years commencing 1st January 1986–87 to1990–91 financial years commencing 1st April.
(b) Includes informations laid by HSE's Quarries Inspectorate.
§ Mr. BennettTo ask the Secretary of State for Employment what was the capital cost estimate for the FOCUS installation in the Health and Safety Executive; and how many fewer people will be employed as a result of this installation.
§ Mr. McLoughlinThe capital cost estimate for the FOCUS installation is £2.62 million.
The Health and Safety Executive has no current plans to employ fewer people as a result of the introduction of FOCUS.
§ Mr. GalbraithTo ask the Secretary of State for Employment if she will deposit copies of the Health and Safety Commission's advisory committee on toxic substances' and working group on the assessment of toxic chemicals minutes for each year since 1974 in the Library.
§ Mr. McLoughlinNo. For reasons of commercial confidentiality and for other reasons such minutes may not be suitable for disclosure and members of these bodies participate in discussions on that understanding. However, the Health and Safety Executive, which provides the secretariat for both bodies, publishes their forward work programme and related issues in the "Toxic Substances Bulletin" consultation papers on proposals for occupational exposure limits and synopses of the data used. From January 1993 the executive will publish the full scientific data used for the substance reviews carried out by the working group.
§ Mr. BennettTo ask the Secretary of State for Employment how many staff in the Health and Safely Executive currently in the executive officer and higher executive officer grades have not been through a formal promotion board for that grade as in other parts of the Department of Employment group.
§ Mr. McLoughlinFour administrative officers were substantively promoted in 1991 to executive officer in the ADP specialism without appearing before an Employment Department group promotions panel. These arrangements were made under the provisions of Treasury circular GEN 89/23.
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§ Mr. BennettTo ask the Secretary of State for Employment how many of the Health and Safety Executive staff are planned to be surplus to requirements in fiscal year 1994–95 in area offices as a result of the introduction of the FOCUS computer system.
§ Mr. McLoughlinThe Health and Safety Executive (HSE) has no plans to consider any staff as surplus to requirements in the fiscal year 1994–95 in HSE area offices as a result of the introduction of the FOCUS computer system.
§ Mr. BennettTo ask the Secretary of State for Employment when the lease expires on the Health and Safety Executive London headquarters at Baynards House, London and what discussions the executive has had on the relocation of the headquarters to(a) London Docklands or (b) Bootle.
§ Mr. McLoughlinThe lease on Baynards house expires on 24 March 1994. The executive has had a number of discussions to consider the options for the housing of its London headquarter after March 1994. These include London docklands but not Bootle.
Mr. GalbriathTo ask the Secretary of State for Employment how many offences, and how many(a) custodial and (b) suspended sentences for offences, were recorded under the Health and Safety at Work etc. Act 1974, in each year since 1974.
§ Mr. McLoughlinThe following table shows the number of convictions obtained by the enforcing authorities for breaches of the Health and Safety at Work etc. Act 1974 and associated legislation for each year since 1 January 1975, when the Act came into force.
In 1985, a director received a suspended custodial sentence for a health and safety offence. The same penalty was imposed on another director in 1987.
Enforcement action by all enforcing authorities taken under the Health and Safety at Work etc. Act 1974 and associated legislation Year Convictions 1975 12,732 1976 12,010 1977 12,546 1978 12,364 1979 22,227 1980 22,416 1981 32,100 1982 32,467 1983 2,362 1984 2,469 1985 2,332 1986–87 2,301 1987–88 2,682 1988–89 2,687 1989–90 2,953 1990–91 2,542 1 Convictions obtained following proceedings by HSE's Factory Inspectorate only. 2 Convictions obtained following proceedings by HSE's Factory and Agricultural Inspectorates only. 3 Convictions obtained following proceedings by HSE's Factory, Agricultural, Mines and Quarries Inspectorates and by local authorities only.
§ Mr. GalbraithTo ask the Secretary of State for Employment how many(a) fines and (b) fines on indictment were imposed under the Health and Safety at Work etc. Act 1974 in each year since 1974; and what was the average amount of fine in each case.
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§ Mr. McLoughlinAlthough most convictions for a health and safety offence result in a fine, it is not possible to identify the precise number. However, in calculating the average it has been assumed that all convictions result in a fine. A following table shows the average fine imposed by all courts for health and safety offences following proceedings by Health and Safety Executive (HSE) inspectorates for each year since 1975. Information about fines imposed as a result of proceedings brought by local authorities is not available. However, the number of convictions obtained by all enforcing authorities is available and I refer the hon. Member to my earlier reply to him.
A further table provides details of average fines on indictment since April 1988. It is not possible to provide a reliable analysis of proceedings in the higher courts for earlier years.
Average fine in all courts for health and safety offences following proceedings by HSE inspectorates Year1 Average fine per conviction £ 19752 81 19762 94 19772 105 19782 134 19793 184 19803 180 19814 189 19824 233 1983 252 1984 313 1985 436 1986–87 410 1987–88 5792 1988–89 541 1989–90 6783 1990–91 7903 Notes:
1975–1985 calendar years commencing 1 January 1986–87–1990–91 financial years commencing 1 April
2 Proceedings by HSE's Factory Inspectorate only.
3 Proceedings by HSE's Factory and Agricultural Inspectorates only.
4 Proceedings by HSE's Factory, Agricultural, Mines and Quarries Inspectorates only.
5Includes fines totalling £750,000 imposed against BP> If these convictions are excluded the average fine for 1987–88 would be £427.
6 Includes a fine of £100,000 imposed against Nobels Explosives. If this conviction were excluded the average fine for 1989-90 would be £739.
7Includes fines of £250,000 against Nobels Explosives and £100,000 against Tate and Lyle. If these convictions were excluded the average fine for 1990–91 would be £728.
Proceedings instituted at higher courts1 by HSE's Factory, Agricultural and Quarry Inspectorates, 1988–89–1990–91 Year2 Informations laid Convictions Average fine per Conviction (£) 1988–893 69 62 1,965 1989–903 87 77 5,387 1990–91 106 77 45,125 Notes:
1 Higher courts refers to Crown Courts and solemn proceedings in Sheriff's Courts in Scotland.
2 Years commencing 1 April.
3 Factory and Agricultural Inspectorates only.
4 Includes a fine of £100,000 imposed on Tate and Lyle. If this fine were excluded the average fine for 1990–91 would be £3,877.
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§ Mr. GalbraithTo ask the Secretary of State for Employment how many(a) fines, (b) prohibition notices and (c) improvement notices were issued under the Health and Safety at Work etc. Act 1974 in each year since 1974.
§ Mr. McLoughlinThe following table shows the number of improvement and prohibition notices issued under the Health and Safety at Work etc. Act 1974 and associated legislation since 1 January 1975 when the 1974 Act came into force. The Health and Safety Executive is not responsible for the penalties imposed by the courts. For the information concerning fines I refer the hon. Member to my earlier reply to him today.
Prohibition and improvement notices issued by all enforcing authorities under the Health and Safety at Work etc. Act 1974 and associated legislation Year1 Prohibition notices Improvement notices 1975 2,450 5,149 1976 2,534 7,499 1977 3,130 9,253 1978 3,434 12,217 1979 3,674 13,517 1980 3,238 12,625 1981 3,187 12,315 1982 3,266 13,030 1983 3,805 12,265 1984 3,738 12,238 1985 3,478 11,051 1986–87 4,263 13,31'' 1987–88 6,490 14,191 1988–89 6,633 14,983 1989–90 6,572 15,790 1990–91 6,689 19,079 11975–1985 calendar years commencing 1st January 1986–87— 1990–91 financial years commencing 1st April.
§ Mr. BennettTo ask the Secretary of State for Employment how many of the staff, and at what grades, are in receipt of performance pay in the Health and Safety Executive; and what is the cost of these payments.
§ Mr. McLoughlinThe number of staff in the Health and Safety Executive in receipt of performance pay is shown in the following table. The information is not readily available in the form requested. The cost of performance pay points vary slightly, an average cost, by grade, is shown.
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Grade (listed according to scheme) Number of staff in receipt of performance pay Cost (Pa) £s1 CPSA Performance Pay Scheme Administrative Assistant 16 5,088 Administrative Officer 214 80,678 Chief Typing Manager 1 648 Personal Secretary 95 37,050 Senior Personal Secretary 9 4,446 Typing Manager 8 4,088 Typist 109 34,662 NUCPS Performance Pay Scheme Executive Officer 116 72,616 Higher Executive Officer 116 90,828 Senior Executive Officer 32 30,688 IPMS Performance Pay Scheme Agricultural Inspector 45 48,735 Assistant Librarian 2 1,286 Employment Nursing Adviser 9 8,667 Graphics Officer 1 690
Grade (listed according to scheme) Number of staff in receipt of performance pay Cost (pa) £s1 Higher Graphics Officer 1 807 Higher Photographic Officer 1 807 Higher Professional and Technology Officer 2 1,614 Higher Scientific Officer 16 12,416 Inspector 1B 77 83,391 Inspector of Quarries 1 1,083 Librarian 2 1,552 Photographic Officer 3 1,980 Professional and Technology Officer 1 690 Scientific Officer 12 7,716 Senior Professional and Technology Officer 3 3,003 Senior Scientific Officer 35 33,705 Specialist Inspector 10 11,040 Senior Information Officer 4 3,852 Grades 4–7 Performance Pay Scheme Deputy Chief Inspector of Agriculture 2 3,468 Deputy Chief Inspector of Factories 3 5,400 Deputy Director of Medical Services 1 1,870 Deputy Superintending Inspector (Factories) 23 37,858 Deputy Superintending Inspector of Agriculture 1 1,646 Employment Medical Adviser 9 15,444 Grade 4 1 2,052 Grade 5 18 31,608 Grade 6 17 28,696 Grade 7 59 83,898 Inspector 1A 110 162,690 Principal Agricultural Inspector 27 38,394 Principal Inspecting Officer 2 3,066 Principal Specialist Inspector 65 99,645 Senior Area Director 5 8,780 Senior Employment Medical Adviser 15 26,340 Superintending Inspector of Factories 13 22,542 Superintending Specialist Inspector B 6 10,404 Superintending Specialist Inspector C 5 8,440 Offshore Safely Specialists Performance Pay Scheme Petroleum Specialist I 1 1,042 Petroleum Specialist II 4 3,852 Petroleum Specialist III 6 5,100 Petroleum Specialist IV 7 5,992 Reservoir Evaluation Specialist III 1 962 1 Average cost of performance pay point multiplied by the number of staff in receipt.
§ Mr. BennettTo ask the Secretary of State for Employment how many redundancies are expected arising from the market testing privatisation of the electrical equipment certification service at Buxton, the graphics messenger, catering, security and any other internal services currently carried out at the Bootle or Baynards house headquarters of the Health and Safety Executive.
§ Mr. McLoughlinThe Health and Safety Executive's (HSE) catering services in Bootle and London are already contracted out.
No decision has been taken on the future status of HSE's electrical equipment certification service nor have planned market tests in any of the other areas of work mentioned progressed so far as to make it possible to assess whether redundancies might result.
§ Mr. GalbraithTo ask the Secretary of State for Employment if she will give(a) the total number, (b) the subject area, (c) the reference number and (d) the results of the cases taken to an industrial tribunal under the Safety Representative and Safety Committee Regulations 1977 for each year since 1974.
§ Mr. McLoughlinThe Safety Representatives and Safety Committees Regulations 1977 came into force on 243W 1 October 1978. Central statistics are available only for applications registered, and before 1983 these were not broken down by subject. The following table dealing with
Year1 Applications registered Applications dealt with2 Outcomes and case numbers2 Failure to permit time off Failure to pay for time off 19783 2 0 1979 30 5 2 upheld (18410/79, other ref. no. un-known) 3 dismissed (4328/79, S/2134/ 79, 2206/79) 1980 12 5 3 upheld (30764/79, 24773/79, 2821/80), 2 dismissed (34330/79, 1812/80) 1981 7 4 1 dismissed (22636/80) 3 withdrawn (18211-3/80) 1982 28 11 10 upheld (38773/81, 1101-9/82), 1 dismissed (5218/82) 1983 7 13 6 5 upheld but overturned4 (16511-5/83) 1 withdrawn (24705/83) 1984 6 4 8 1 upheld (27568/83), 1 dismissed (4476/84) 6 withdrawn (2503/84, 12362/84, 17036/84, 13902/84, 3955/84, 21797/ 84) 1985 4 3 6 3 dismissed (972/85, 9250-1/85), 3 withdrawn (8984/85, 13947-8/85) 1986 4 1 1 agreement reached (1398/86) 1987 3 1 4 1 upheld (13805/87), 1 no award (36051/ 86), 2 withdrawn (205/87, 18960/87) 1988 4 2 3 withdrawn (17958/88, 18177/88, 17090/88) 1989 9 3 14 4 upheld (3901/89, 8887/89, 13301/89, 16897/89), 2 dismissed (732-3/89) 6 withdrawn (24688/88, 22896/88, 5513/ 89, S/1551/89, 4126/89, 7167/89), 2 agreement reached (1847/88, 15877/89) 1990 5 6 5 3 dismissed (23523/89, 10462/90, 21213/ 90), 2 withdrawn (1190/90, 8398/90) 1991 7 7 4 2 withdrawn (33497/90, 17831/91), 1 agreement reached (26692/90), 1 dismissed (26784/91) 19925 4 1 4 withdrawn (43283/91, 48365/91, 34584/91, 34593/91)
§ Mr. BennettTo ask the Secretary of State for Employment whether she will establish an inquiry into the recruitment and promotion activities within the Health and Safety Executive.
§ Mr. McLoughlinMy right hon. Friend, the Secretary of State for Employment, has no plans to establish an inquiry into the recruitment and promotion activities within the Health and Safety Executive.
§ Mr. BennettTo ask the Secretary of State for Employment if she will place in the Library copies of the Health and Safety Executive's field operations division plan of work for 1993–94 and beyond.
§ Mr. McLoughlinDivisional plans of work are internal documents which are discussed with the executive and are used to prepare the Health and Safety Commission's plan of work.
The commission's plan of work for 1993-94 will be submitted to the Secretary of State for approval and published in spring. A copy will as usual be placed in the Library.
244Windustrial tribunal cases in England, Scotland and Wales under these regulations gives information on the outcome of applications which is readily available.