House of Commons
Friday 13 June 2008
The House met at half-past Nine o’clock
Prayers
The Chairman of Ways and Means took the Chair as Deputy Speaker, pursuant to the Standing Order.
9.33 am
Mr. Andrew Dismore (Hendon) (Lab): I beg to move, That the House do sit in private.
Question put forthwith, pursuant to Standing Order No. 163 (Motions to sit in private):—
The House proceeded to a Division.
Mr. Deputy Speaker (Sir Alan Haselhurst): Order. I ask the Serjeant at Arms to investigate the delay in the No Lobby.
The House having divided: Ayes 0, Noes 34.
AYES
Tellers for the Ayes:
Mr. Andrew Dismore and
Laura Moffatt
NOES
Bottomley, Peter
Bradshaw, Mr. Ben
Brown, rh Mr. Nicholas
Burns, Mr. Simon
Byrne, Mr. Liam
Chope, Mr. Christopher
Davies, Philip
Duddridge, James
Fallon, Mr. Michael
Field, Mr. Mark
Fitzpatrick, Jim
Foster, Mr. Michael (Worcester)
Francois, Mr. Mark
Goodman, Helen
Goodwill, Mr. Robert
Grieve, Mr. Dominic
Hanson, rh Mr. David
Hollobone, Mr. Philip
Hughes, Simon
Khan, Mr. Sadiq
Kirkbride, Miss Julie
Lammy, Mr. David
McCabe, Steve
McFadden, Mr. Pat
McGuire, Mrs. Anne
Robathan, Mr. Andrew
Rowen, Paul
Selous, Andrew
Skinner, Mr. Dennis
Spelman, Mrs. Caroline
Sutcliffe, Mr. Gerry
Vaz, rh Keith
Watts, Mr. Dave
Whittingdale, Mr. John
Tellers for the Noes:
Keith Hill and
Ms Dawn Butler
Question accordingly negatived.
It appearing on the report of the Division that fewer than forty Members had taken part in the Division, Mr. Deputy Speaker declared that the Question was not decided.
Orders of the Day
Health and Safety (Offences) Bill
Not amended in the Public Bill Committee, considered.
Clause 1
9.51 am
Keith Hill (Streatham) (Lab): I beg to move amendment No. 1, page 1, line 10, 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.’.
Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following:
Amendment No. 2, clause 2, page 1, line 15, leave out ‘1’ and insert ‘1(1) and (2)’.
Amendment No. 3, page 1, line 18, 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).
(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.)).’.
Amendment No. 4, page 1, line 19, leave out ‘subsection (2)’ and insert ‘this section’.
Amendment No. 5, clause 3, page 2, line 6, 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).’.
New schedule 1— New schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978—
‘New Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978
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.
Amendment No. 6, schedule 2, page 4, line 48, leave out ‘of regulation’ and insert ‘of—
Amendment No. 7, page 5, line 1, at end insert ‘or—
(b) regulation 26(18) of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425),’.
Amendment No. 8, page 5, line 3, after ‘1974’ insert
‘or Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978’.
Amendment No. 9, page 5, line 4, after ‘Act’ insert ‘or Schedule 3A to that Order’.
Amendment No. 10, page 5, 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”.’.
Amendment No. 11, page 5, line 25, 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”.’.
Amendment No. 12, page 5, line 28, at end insert—
‘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)”.’.
Amendment No. 13, schedule 3, page 5, leave out lines 32 to 35.
Amendment No. 14, page 5, line 37, at end insert—
|
‘Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) |
Amendment No. 15, page 5, line 38, at end insert—
|
‘Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17)) |
Keith Hill: I am grateful for hon. Members’ support for the group of amendments, which would extend the Bill to Northern Ireland. Since the criminal justice aspect of health and safety legislation is a reserved matter, the Bill already applies to England, Scotland and Wales.
The cross-party nature of the support is consistent with the House’s historic bipartisan approach to health and safety legislation. The Health and Safety at Work, etc. Act 1974 was largely drafted under the Heath Administration and introduced and enacted under the first Wilson Government of 1974. I am especially grateful for the support of the two main Northern Ireland parties represented in this place: the Social Democratic and Labour party, of which my hon. Friend the Member for Belfast, South (Dr. McDonnell) served on the Standing Committee and intervened in the proceedings to call for the Bill’s extension to Northern Ireland; and the Democratic Unionist party, of which the hon. Member for Belfast, North (Mr. Dodds), in his capacity as Northern Ireland Minister for Enterprise, Trade and Investment, welcomed me to Stormont when I visited Belfast on 2 June, and offered his enthusiastic support for the measure’s extension to Northern Ireland. I am most grateful to him for the warmth of his welcome and his generosity in finding time to meet me when there were other serious demands on his attention.
I also express my thanks to the chairman and chief executive of the Health and Safety Executive for Northern Ireland, Professor Peter McKie and Jim Keyes, who were my excellent hosts on my Belfast visit. It goes without saying that they are delighted that the opportunity has arisen to add the amendments to the Bill.
I was impressed by what I learned about the Health and Safety Executive for Northern Ireland—the HSENI. Its mission is, of course, underpinned by the three principles of supporting the weakest, recognising the best and challenging the worst. Given the importance of agriculture in the Northern Ireland economy, the HSNI faces some distinctive challenges from its counterpart in Great Britain.
Although no fatality in the workplace can ever be acceptable, both Great Britain and Northern Ireland can take justifiable pride in being at the top of the international league table and having the lowest rate of workplace fatalities not only in the European Union but in the world.
Mr. Andrew Dismore (Hendon) (Lab): One of the reasons for the Bill is to try to maintain and improve that record. What discussions has my right hon. Friend held with Northern Ireland employers and trade unions about the proposals?
Keith Hill: I am grateful to my hon. Friend for that intervention—I was about to deal with exactly that point in my brief remarks.
I was grateful to the HSENI for arranging my meeting with David Mills of the Institute of Directors and Nigel Smyth of the CBI. The Institute of Directors has worked closely with the HSENI. In October, the two organisations published a joint guidance document, entitled, “Leading Health and Safety at Work: Leadership Actions for Directors and Board Members”. Indeed, Mr. Mills has been a member of the Health and Safety Commission since 2002 and I was pleased to receive assurance of his support for extending the Bill to Northern Ireland.
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