§ Dr. MarekTo ask the Secretary of State for Employment how many Crown notices have been served and Crown prosecutions initiated in each of the past 10 years; and whether he has any proposal relating to Crown immunity in Government Departments and agencies.
§ Mr. Michael ForsythThe following table shows the number of Crown enforcement notices issued over the last 10 years for which figures are available:
Crown enforcement notices issued by Health and Safety Executive's Factory and Agricultural Inspectorates (a), 1983–1992–93 Year of issue (b) Improvement Deferred prohibition Immediate prohibition Total 1983 47 3 11 61 1984 38 — 12 50 1985 27 2 6 35 1986–87 7 1 2 10 1987–88 13 1 5 19 1988–89 8 — 5 13 1989–90 5 — 7 12 1990–91 18 — 4 22 1991–92 5 — 5 10 1992–93 4 2 5 11 (a) Includes notices issued by the Quarries Inspectorate for years since 1990–91.
(b) Figures for the calendar years 1983 to 1985 and the financial years beginning 1 April for subsequent years.
Under the present law, Crown bodies cannot be prosecuted, but administrative procedures are in place for the censure of Crown bodies in circumstances where prosecution would otherwise be considered. The number of censures in each of the past 10 years is shown in the following table:
537W
Year Number 1985 — 1986 — 1987 — 1988 1 1989 — 1990 3 1991 — 1992 3 1993 — 1994 1 The Government have no immediate plans to change the current position, which is that Crown bodies are bound by health and safety legislation and Health and Safety Executive inspectors seek to ensure that the law is complied with and that Crown employers meet standards of good practice found elsewhere. I understand that the HSE is considering the implications of removing Crown immunity from prosecution under health and safety legislation.