House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

591

House of Commons

Friday 13th June 2008

Report Stage Proceedings

Health and Safety (Offences) Bill

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  1

Page  1,  line  10  [Clause  1],  at end insert—

‘(3)
In Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978

(S.I. 1978/1039 (N.I. 9)) (offences), for paragraphs (1A) to (5) there is

substituted—

“(2)
Schedule 3A (which specifies the mode of trial and maximum penalty

applicable to offences under this Article and the existing statutory

provisions) has effect.

(3)
Schedule 3A is subject to any provision made by virtue of Article

17(6)(c) or (d).”

(4)
After Schedule 3 to that Order there is inserted the Schedule 3A set out in

Schedule [New Schedule 3A to the Health and Safety at Work (Northern Ireland)

Order 1978] to this Act.’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  2

Page  1,  line  15  [Clause  2],  leave out ‘1’ and insert ‘1(1) and (2)’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  3

Page  1,  line  18  [Clause  2],  at end insert—

‘(3A)
The Department concerned (within the meaning given in Article 2(2) of the

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I.

9))) may make any amendments to existing regulations that it considers necessary

or expedient in consequence of the amendments made by section 1(3) and (4).

Report Stage Proceedings: 13th June 2008
592

Health and Safety (Offences) Bill, continued

(3B)
The power conferred by subsection (3A) is exercisable by statutory rule for the

purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573

(N.I. 12)).


Such a rule is subject to negative resolution within the meaning of the

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  4

Page  1,  line  19  [Clause  2],  leave out ‘subsection (2)’ and insert ‘this section’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  5

Page  2,  line  6  [Clause  3],  leave out ‘and Scotland only’ and insert ‘, Scotland and

Northern Ireland (except that an amendment or repeal made by this Act has the same

extent as the provision to which it relates).’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Added  NS1

To move the following Schedule:—

‘New Schedule 3A to the Health and Safety at Work (Northern Ireland)

Order 1978

“SCHEDULE 3A

OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY


The mode of trial and maximum penalty applicable to each offence listed in the

first column of the following table are as set out opposite that offence in the

subsequent columns of the table.

Offence
Mode of
Penalty on summary
Penalty on conviction

trial
conviction
on indictment

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(a) consisting of a
or on
exceeding 6 months, or a
term not exceeding

failure to discharge a duty to
indictment.
fine not exceeding £20,000,
two years, or a fine,

which a person is subject by

or both.
or both.

virtue of Articles 4 to 7.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(a) consisting of a
or on
exceeding 6 months, or a
term not exceeding

failure to discharge a duty to
indictment.
fine not exceeding the
two years, or a fine,

which a person is subject by

statutory maximum, or both.
or both.

virtue of Article 8.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(b) consisting of a
or on
exceeding 6 months, or a
term not exceeding

contravention of Article 9.
indictment.
fine not exceeding £20,000,
two years, or a fine,

or both.
or both.

An offence under Article
Summarily
A fine not exceeding
A fine.

31(1)(b) consisting of a
or on
£20,000.

contravention of Article 10.
indictment.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(c).
or on
exceeding 6 months, or a
term not exceeding

indictment.
fine not exceeding £20,000,
two years, or a fine,

or both.
or both.

An offence under Article
Summarily
A fine not exceeding level 5

31(1)(d).
only.
on the standard scale.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(e), (f) or (g).
or on
exceeding 6 months, or a
term not exceeding

indictment.
fine not exceeding £20,000,
two years, or a fine,

or both.
or both.

An offence under Article
Summarily
Imprisonment for a term not

31(1)(h).
only.
exceeding 6 months, or a

fine not exceeding level 5

on the standard scale, or

both.

An offence under Article
Summarily
A fine not exceeding the
A fine.

31(1)(i).
or on
statutory maximum.

indictment.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(j).
or on
exceeding 6 months, or a
term not exceeding

indictment.
fine not exceeding the
two years, or a fine,

statutory maximum, or both.
or both.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(k), (l) or (m).
or on
exceeding 6 months, or a
term not exceeding

indictment.
fine not exceeding £20,000,
two years, or a fine,

or both.
or both.

An offence under Article
Summarily
A fine not exceeding level 5

31(1)(n).
only.
on the standard scale.

An offence under Article
Summarily
Imprisonment for a term not
Imprisonment for a

31(1)(o).
or on
exceeding 6 months, or a
term not exceeding

indictment.
fine not exceeding £20,000,
two years, or a fine,

or both.
or both.

Report Stage Proceedings: 13th June 2008
593

Health and Safety (Offences) Bill, continued

Report Stage Proceedings: 13th June 2008
594

Health and Safety (Offences) Bill, continued

Offence
Mode of
Penalty on summary
Penalty on conviction

trial
conviction
on indictment

An offence under the
Summarily
Imprisonment for a term not
Imprisonment for a

existing statutory provisions
or on
exceeding 6 months, or a
term not exceeding

for which no other penalty is
indictment.
fine not exceeding £20,000,
two years, or a fine,

specified.

or both.
or both.”’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  6

Page  4,  line  48  [Schedule  2],  leave out ‘of regulation’ and insert ‘of—

(a)
regulation’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  7

Page  5,  line  1  [Schedule  2],  at end insert ‘or—

(b)
regulation 26(18) of the Manufacture and Storage of Explosives

Regulations (Northern Ireland) 2006 (S.R. 2006/425),’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  8

Page  5,  line  3  [Schedule  2],  after ‘1974’ insert ‘or Article 31(4) of the Health and

Safety at Work (Northern Ireland) Order 1978’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  9

Page  5,  line  4  [Schedule  2],  after ‘Act’ insert ‘or Schedule 3A to that Order’.

Report Stage Proceedings: 13th June 2008
595

Health and Safety (Offences) Bill, continued

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  10

Page  5  [Schedule  2],  leave out lines 8 to 15 and insert—

‘(a)
in the sentence beginning “A person who manufactures” as it extends

to England and Wales and Scotland, for “and liable to the penalties

specified in section 33(3) of the Health and Safety at Work etc. Act

1974” there is substituted “and liable as mentioned in the final item of

Schedule 3A to the Health and Safety at Work etc. Act 1974 (mode of

trial and penalty for offence under “existing statutory provisions” for

which no other penalty is specified)”;

(b)
in that sentence as it extends to Northern Ireland, for “and liable to the

penalties specified in Article 31(4) of the Health and Safety at Work

(Northern Ireland) Order 1978” there is substituted “and liable as

mentioned in the final item of Schedule 3A to the Health and Safety at

Work (Northern Ireland) Order 1978 (mode of trial and penalty for

offence under “existing statutory provisions” for which no other

penalty is specified)”;

(c)
in the sentence beginning “If any explosive is imported or sold”, for

“and liable to the penalties specified in section 33(3) of” there is

substituted “and liable as mentioned in the final item of Schedule 3A

to”.’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  11

Page  5,  line  25  [Schedule  2],  at end insert—

‘Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

    (1)
In Article 17 (health and safety regulations), paragraph (6)(e) is omitted.

      (2)
In Article 39 (remedy and forfeiture), after paragraph (3) there is inserted—

“(3A)
Paragraph (4) applies where a person is convicted of an offence

consisting of acquiring or attempting to acquire, possessing or using

an explosive article or substance (within the meaning of any of the

relevant statutory provisions) in contravention of any of the relevant

statutory provisions.”

      (3)
In paragraph (4) of that Article, for the words from “a person” to “there

mentioned” there is substituted “the person is convicted of the offence”.’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  12

Page  5,  line  28  [Schedule  2],  at end insert—

Report Stage Proceedings: 13th June 2008
596

Health and Safety (Offences) Bill, continued

‘Activity Centres (Young Persons’ Safety) (Northern Ireland) Order 1998 (S.I. 1998/1069

(N.I. 5))


In Article 4 (offences), in paragraph (4)(f), for “, (2), (2A), (4) and (5)” there

is substituted “and (2) (and the related provisions of Schedule 3A)”.’.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  13

Page  5  [Schedule  3],  leave out lines 32 to 35.

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  14

Page  5,  line  37  [Schedule  3],  at end insert—

‘Health and Safety at Work
Article 17(6)(e).’.

(Northern Ireland) Order 1978

(S.I. 1978/1039 (N.I. 9))

Keith Hill

Andrew Selous

Andrew George

Mr Nigel Dodds

Dr Alasdair McDonnell

Agreed to  15

Page  5,  line  38  [Schedule  3],  at end insert—

‘Offshore, and Pipelines, Safety
Article 6.’.

(Northern Ireland) Order 1992

(S.I. 1992/1728 (N.I. 17))

Bill read the third time, and passed.