§ Mr. BattleTo ask the Secretary of State for Transport, Local Government and the Regions what statutory provisions govern the rights of employees to information on the employers liability compulsory insurance scheme. [15961]
§ Dr. WhiteheadThere are no statutory provisions governing the rights of employees to information under the Employers' Liability (Compulsory Insurance) Act 1969 ("the 1969 Act"). So far as the insurance that an employer takes out to comply with the 1969 Act is concerned, regulation 5 of the Employers' Liability (Compulsory Insurance) Regulations 1998 made under the 1969 Act requires the employer to display one or more copies of the certificate of insurance at each place of business at which he employs any relevant employee of the class or description to which the certificate relates.
§ Mr. BattleTo ask the Secretary of State for Transport, Local Government and the Regions what statutory provisions govern the commercial confidentiality of information held by companies on employers' insurance liabilities. [15963]
§ Dr. WhiteheadSo far as I am aware, there are no statutory provisions specifically governing the commercial confidentiality of information held by companies on employers' insurance liabilities. Companies must, however, comply with the provisions of the Data Protection Act 1998 in respect of personal and sensitive personal data which may be relevant to insurance liabilities and may be bound by contractual or other duties of confidentiality restricting disclosure.
§ Mr. BattleTo ask the Secretary of State for Transport, Local Government and the Regions how many companies were prosecuted in the last five years for failing to display an ELCI certificate in the workplace. [15962]
§ Dr. WhiteheadThere are no known cases where a company has been prosecuted for not displaying an ELCI certificate. However, since April 1996 there have been 24 prosecutions by HSE of companies for failure to hold ELCI cover. When such failure occurs, it follows that the company has also failed to display a valid ELCI certificate.
Apart from these cases there has been no known instance where an employer has failed to display an ELCI certificate after an inspector has requested him/her to do so.
There are a further five prosecution cases awaiting court dates.
§ Mr. BattleTo ask the Secretary of State for Transport, Local Government and the Regions what statutory provisions govern the duty of employers to display an ELCI certificate in the workplace. [15955]
§ Dr. WhiteheadRegulation 5 of the Employers' Liability (Compulsory Insurance) Regulations 1998. This requires an employer who has been issued with an ELCI certificate to display one or more copies of it at each place224W of business at which he employs any relevant employee of the class or description to which the certificate relates. Section 4 of the Employers' Liability (Compulsory Insurance) Act 1969 provides for a person who fails to comply with a requirement to display copies of the certificate of insurance to be liable on summary conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).