§ Mr. BayleyTo ask the Chancellor of the Duchy of Lancaster when he proposes that Crown bodies be fully brought within the regulatory provisions on inspection and enforcement which apply to others.
§ Mr. WaldegraveThe citizen's charter said that public services should not, through Crown immunities, be shielded from inspection and enforcement on such matters as health and safety regulations. It will take time, however, to bring all existing legislation into line. As legislative opportunites arise, Crown bodies are being brought within the regulatory provisions which apply to others, falling short of exposing the Crown itself, as opposed to negligent employees, to criminal prosecution. Meanwhile, Crown bodies are expected to behave as if they were bound by the regulations.
As a result of food safety and environmental legislation in recent years, if a Crown body is found to be falling below standards, enforcement authorities can go back to the courts for a declaration of non-compliance, which would be followed by immediate corrective action.
The Health and Safety Executive will be sharpening procedures for serving Crown notices for infringement of health and safety legislation and will be considering the implications of removing Crown immunity.
In addition, the Home Office has recently completed a review of the Fire Precautions Act 1971. The question of Crown immunity is one of many aspects being considered.