HC Deb 18 November 1992 vol 214 cc237-44W
Mr. Galbraith

To 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. McLoughlin

It 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.

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. Bennett

To 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. McLoughlin

The 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. Galbraith

To 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. McLoughlin

No. 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. Bennett

To 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. McLoughlin

Four 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.

Mr. Bennett

To 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. McLoughlin

The 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. Bennett

To 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. McLoughlin

The 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. Galbriath

To 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. McLoughlin

The 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. Galbraith

To 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.

Mr. McLoughlin

Although 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.

Mr. Galbraith

To 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. McLoughlin

The 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. Bennett

To 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. McLoughlin

The 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.

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. Bennett

To 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. McLoughlin

The 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. Galbraith

To 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. McLoughlin

The Safety Representatives and Safety Committees Regulations 1977 came into force on 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. Bennett

To 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. McLoughlin

My 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. Bennett

To 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. McLoughlin

Divisional 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.

industrial tribunal cases in England, Scotland and Wales under these regulations gives information on the outcome of applications which is readily available.