§ Mr. Clifton-BrownTo ask the Deputy Prime Minister when the final draft consultation on Manufacturing and Storage of Explosives Regulations will be completed; when the regulations will be published with supporting evidence; under what powers the regulations will be implemented; and whether they will comply with the Health and Safety Executive's Mission Statement. [62566]
§ Mr. JamiesonI have been asked to reply.
713WI am advised by the Health and Safety Commission on policy on the safety of the manufacture and storage of explosives.
In March, the Health and Safety Commission published a consultation document setting out its proposals for new regulations on the manufacture and storage of explosives. The consultation period has just ended. The Health and Safety Executive will be considering the responses to the proposals before making recommendations to the Health and Safety Commission. If it approves the revised proposals, the Health and Safety Commission will then make recommendations to me.
It is for the Health and Safety Commission to decide if and when to make recommendations to me, however I understand that it is hoped to submit the proposals to the Health and Safety Commission in the first half of next year.
The regulations will be made under Section 1 of the Health and Safety at Work (etc.) Act 1974. Section 1 (2) gives the Health and Safety Commission remit to replace existing legislation such as the Explosives Act 1875 with regulations and Approved Code of Practice "designed to maintain or improve the standards of health, safety and welfare established by or under those attachments". I am sure that there is absolutely no question of the Health and Safety Commission making recommendations to me that were not fully in line with its remit or with its Mission Statement to ensure that risks to people's health and safety from work activities are properly controlled.
§ Mr. Clifton-BrownTo ask the Deputy Prime Minister how the planned manufacturing and storage of explosives regulations will improve safety for(a) the general public and (b) those that handle explosives; what scientific advice he has received and how the regulations will apply to that advice; and what (a) explosives site controls and (b) explosives frequency controls the regulations will include. [62567]
§ Mr. JamiesonI have been asked to reply.
I am advised by the Health and Safety Commission on policy on the safety of the manufacture and storage of explosives.
The Explosives Act 1875 has been successful in securing a high level of protection both for the public and for workers employed in the manufacture and storage of explosives. However, over the years the Act has been overlaid with a large number of items of secondary legislation. The proposals are intended to further improve the safety record by: simplifying the existing legislation and making it easier for dutyholders and enforcers to understand; updating the regulatory framework to take account of changes in the industry and technology; and taking the opportunity to incorporate industry best practice.
The major controls in the proposals are:
a duty on anyone manufacturing or storing explosives to take appropriate measures to prevent fires and explosions, to limit the extent of fires and explosions, and to protect people in the event of a fire or explosion;anyone manufacturing or storing explosives must have a licence from HSE or the local authority—or be registered with the local authority;requirements to maintain separation distances around buildings where explosives are being manufactured or stored.714W The measures are intended to prevent explosions occurring in the first place. The separation distances requirements are intended to ensure that explosives buildings are not located in places where they would present an intolerable level of risk to members of the public.The proposals have been subject to extensive and very detailed consultation with employers, trade unions and local authorities as well as with the Ministry of Defence and other interested bodies such as professional associations. They were also subject to scrutiny from the FISC's Advisory Committee on Dangerous Substances.
The proposals on separation distances take full account of extensive explosion tests conducted by the Ministry of Defence. They are the product of work by a working group that includes internationally-respected experts on explosives and risk assessment and control. The report of their work has been published by the Health and Safety Executive, copies will be placed in the Libraries of the House.
§ Mr. Clifton-BrownTo ask the Deputy Prime Minister if he will make a statement on his policy relating to the acceptable level of danger of uncontrolled risk to the public relating to the storage and manufacture of explosives; and if he will list(a) serious injuries and (b) deaths caused by explosives in each of the last five years, broken down by (i) domestic and (ii) commercial premises. [62568]
§ Mr. JamiesonI have been asked to reply.
I am advised by the Health and Safety Commission on policy on the safety of the manufacture and storage of explosives.
The Health and Safety Commission published a consultation document in March setting out proposals for regulations on the manufacture and storage of explosives. I expect to receive its recommendations for new regulations in the course of next year. The regulations will include requirements on those manufacturing or storing explosives to take appropriate measures to prevent explosions including revised requirements on separation distances to be maintained around explosives sites. Under no circumstances should the risks be uncontrolled.
The revised proposals are designed to ensure that the maximum level of risk to someone living or working in the vicinity of explosives factory or store is one in a million. This level is generally accepted as the benchmark for the broadly acceptable level of risk to members of the public from industrial activities.
HSE has not received any reports during the last five years of accidents involving either the manufacture or storage of explosives that have resulted in death or serious injury to members of the public.