HC Deb 07 December 1998 vol 322 cc41-3W
Mr. Worthington

To ask the Secretary of State for the Environment, Transport and the Regions what action he has taken to strengthen the enforcement of regulations related to the handling of asbestos; and what future proposals he has in this area. [62497]

Mr. Meacher

I am about to lay amendment regulations before the House which will require more stringent control over exposure to asbestos at work, tightening up the requirements for asbestos licensing and refocusing controls on those most likely to come into contact with asbestos as part of their work, such as maintenance and demolition workers.

The Health and Safety Commission are consulting on proposals for a ban on white asbestos. They will shortly publish guidance on substituting asbestos, and Health and Safety Executive inspectors will enforce the duty on employers to substitute for asbestos where it sis practicable to do so.

I have made clear my view that HSE should give a high enforcement priority to asbestos, and in future greater resources will be devoted to administering and enforcing the new legislation. Already targets for inspection of notified asbestos removal work have been increased.

Mr. Worthington

To ask the Secretary of State for the Environment, Transport and the Regions how many prosecutions have been brought and by which agencies for breach of asbestos-related regulations in each of the past 10 years. [62496]

Mr. Meacher

The Health and Safety Executive has taken or initiated the following asbestos related prosecutions in each of the last 10 years.

Informations laid Convictions
1987–88
Asbestos (Licensing) Regulations 1983 32 27
Asbestos Regulations 1969 14 8
1988–89
The Control of Asbestos at Work Regulations 1987 21 21
Asbestos (Licensing) Regulations 1983 14 13
Asbestos Regulations 1969 4 3
1989–90
The Control of Asbestos at Work Regulations 1987 52 47
Asbestos (Licensing) Regulations 1983 14 7
Asbestos (Prohibitions) Amendments Regulation 1988 1 0
1990–91
The Control of Asbestos at Work Regulations 1987 57 48
Asbestos (Licensing) Regulations 1983 7 7
1991–92
The Control of Asbestos at Work Regulations 1987 47 39
Asbestos (Licensing) Regulations 1983 8 7
1992–93
The Control of Asbestos at Work Regulations 1987 24 23
Asbestos (Licensing) Regulations 1983 3 3
1993–94
The Control of Asbestos at Work Regulations 1987 31 20
Asbestos (Licensing) Regulations 1983 5 5
1994–95
The Control of Asbestons at Work Regulations 1987 37 29
Asbestos (Licensing) Regulation 1983 7 6
Informations laid Convictions
1995–96
The Control of Asbestos at Work Regulations 1987 51 33
Asbestos (Licensing) Regulations 1983 13 11
1996–97
The Control of Asbestos at Work Regulations 1987 37 31
Asbestos (Licensing) Regulations 1983 5 4
1997–981
The Control of Asbestos at Work Regulations 1987 42 38
Asbestos (Licensing) Regulations 1983 3 3
1 Provisional

Notes:

1. From 1996–97 data includes proceedings instituted by HSE's FOD, CHID (excluding explosives and pipelines) and NSD (conventional safety only).

2. The information HSE has from Local Authorities on proceedings they have taken under legislation for which HSE is responsible does not separately identify the asbestos-related prosecutions.

Mr. Worthington

To ask the Secretary of State for the Environment, Transport and the Regions what action he takes to monitor the level of fines or other sanctions in asbestos-related court cases; and if he will make a statement. [62498]

Mr. Meacher

The Health and Safety Commission (HSC) keeps me informed of the level of penalties imposed for health and safety offences. The general level of penalties imposed for these crimes, including those related to asbestos, does not in my view or that of the HSC match their seriousness. However, I welcome the demonstration in a recent case related to asbestos removal in Birmingham that the courts are willing to imprison individuals who have committed serious health and safety offences. I also welcome the Court of Appeal judgment on 6 November which said that health and safety fines are too low. I hope this judgment will help the courts reflect the full gravity of such offences when they decide future sentences.

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