HC Deb 08 March 1996 vol 273 cc363-5W
Mr. Clapham

To ask the Secretary of State for the Environment (1) what consultation was undertaken before the recent publication by the Health and Safety Commission of the leaflet entitled "Your rights when health and safety inspectors take enforcement action", and (a) which organisations were invited to respond, (b) how many responses were received and (c) what proportion favoured the need for the advice leaflet; [19518]

(2) what cost effective activity by business is promoted by the publication by the Health and Safety Commission of the advice leaflet "Your rights when health and safety inspectors take enforcement action"; and if he will make a statement. [19522]

Sir Paul Beresford

The Health and Safety Commission's leaflet "Your rights when health and safety inspectors take enforcement action" publicises enforcement procedures drawn up by the commission to ensure the health and safety enforcement lines up with the principles in the Deregulation and Contracting Out Act 1994. The Government accepted the recommendation of the deregulation task force in its first annual report for the widespread adoption of these principles, which were introduced to give business rights of representation before formal enforcement action is taken.

In drawing up the procedures and the leaflet, the commission sought the views of local authorities, through the health and safety liaison committee, and of the deregulation task force. Heads of all Health and Safety Executive inspectorates were also consulted. All provided helpful comments.

Mr. Clapham

To ask the Secretary of State for the Environment what recommendations from the deregulation unit were included in the recent publication by the Health and Safety Commission leaflet entitled "Your rights when health and safety inspectors take enforcement action". [19519]

Sir Paul Beresford

Officials from the Cabinet Office deregulation unit and the Health and Safety Executive worked closely in drawing up this leaflet to ensure it followed the enforcement principles in the Deregulation and Contracting Out Act 1994.

Mr. Clapham

To ask the Secretary of State for the Environment what assessment he has made of the use of the publication "Your rights when health and safety inspectors take enforcement action" in maintaining and improving standards of health, safety and welfare of workers; and if he will make a statement. [19520]

Sir Paul Beresford

The procedures set out in the leaflet follow the principles in the Deregulation and Contracting Out Act 1994 which were designed to improve the fairness, transparency and consistency of enforcement action without jeopardising any necessary protection. The procedures do not weaken the protection afforded by the Health and Safety at Work etc. Act 1974. They do not affect inspectors' powers to take immediate enforcement action against business, or to require business to take immediate remedial action, in any case where it appears to inspectors to be necessary to take such action or impose such a requirement. The commission is monitoring how the procedures are working in practice and will report to me.

Mr. Clapham

To ask the Secretary of State for the Environment what the impact of the procedures set down in Health and Safety Commission leaflet "Your rights when health and safety inspectors take enforcement action" will be on the role of the workplace safety representative; and if he will make a statement. [19521]

Sir Paul Beresford

The role of the workplace safety representative remains unchanged. Inspectors will continue to seek views from employees or their safety representatives and make suitable arrangements to provide them with information on the action required of business. Inspectors also now provide a copy of the commission's leaflet.