§ Dr. Lynne JonesTo ask the Secretary of State for Employment if he will make it his policy that section 28 of the Health and Safety at Work etc. Act 1974 shall no longer be used as a reason for not disclosing information to the public; and if he will make a statement on the implications for the Health and Safety Executive of the Environmental Information Regulations 1992.
§ Mr. Michael ForsythThe Health and Safety Commission (HSC) would not normally withhold information where it is allowed to disclose it. Section 28 of the Health and Safety at Work etc. Act 1974 prohibits the disclosure of information without the consent of the person providing it, except where disclosure would be for the purposes of the functions of the HSC, the Health and Safety Executive or other enforcing authorities. The HSC makes full use of these exceptions to the prohibition.
Under the provisions of the Environmental Information Regulations 1992 the HSE is obliged to make available environmental. information in those areas where it has environmental responsibilities, subject to withholding any information that falls within one or more of the exempted categories in regulation 4.