Lord Berkeleyasked Her Majesty's Government:
Whether additional funding is being sought by the Health and Safety Commission; and whether an increase in the numbers of inspectors and the amount of preventive work, and improvements in the commission's scientific capacity will assist the cost-effective safety regulation of the railways (taking into account the self-regulating role of the Railway Standards and Safety Board). [HL5371]
§ The Parliamentary Under-Secretary of State, Department for Work and Pensions (Baroness Hollis of Heigham)The Health and Safety Commission will put forward a submission under the 2004 Spending Review to the Department for Work and Pensions for inclusion in its bid to Treasury. HSC will apply the resources provided by government to deliver the targets set by government in the most efficient and effective way. HSC will develop plans for work in the rail industry that optimise the cost-effective safety regulation of the railways.
Lord Berkeleyasked Her Majesty's Government:
What are the terms of reference of the Health and Safety Commission in respect of (a) road transport, (b) rail transport; and (c) other industry sectors; and what is the budget expenditure by the commission on each. [HL5372]
§ Baroness Hollis of HeighamThe current system of health and safety at work in Great Britain derives from the Health and Safety at Work etc Act 1974 (the 1974 Act). The main purposes of the 1974 Act and its relevant statutory provisions are to: secure the health, safety and welfare of people at work;
protect the public against risks to health and safety arising from work activities; and
control dangerous substances.
282WAThe Health and Safety Commission's statutory duties include:
submitting proposals for regulations to Ministers after consultation with appropriate government departments and other bodies;
providing information and advice to Ministers (among others);
arranging for the operation of an information and advisory service;
arranging for research to be carried out and published and encouraging research by others;
arranging for the provision of training and information and encouraging its provision by others; and
paying to the executive sums considered appropriate for it to perform its functions.
The Department for Transport (HSE's then sponsoring department) and the commission made an agency agreement, which came into effect on 1 December 1990. Under this, HSC agreed to perform delegated railway safety functions, under the 1974 Act, on behalf of the Secretary of State for Transport.
Health and safety law is applicable to all work activities, including driving. Unlike railways, where HSE is the primary health and safety regulator, safety on the roads is subject to a variety of regulations enforced by other agencies.
It has been the policy of successive governments that HSE should not generally seek to enforce health and safety at work legislation where public and worker safety can adequately be protected by more specific and detailed law enforced by another authority. Road transport is regulated by road traffic law, which is enforced by the police and others, such as the Vehicle and Operator Services Agency.
A breakdown of budget expenditure by road transport, rail transport and other industry sectors is not available. HSC's gross budget expenditure for 2003–04 is £262 million, of which £12.9 million is allocated to the rail-related activity.