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Pesticides Incidents Appraisal Panel

The Countess of Mar asked Her Majesty's Government:

Lord Falconer of Thoroton: As the Question requests a substantial amount of information, a comprehensive list of all 397 cases dealt with by the Pesticides Incidents Appraisal Panel (PIAP) between 1996 and 2001, showing all three dates requested, will be placed in the Libraries of the House.

The Countess of Mar asked Her Majesty's Government:

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Lord Falconer of Thoroton: The Health and Safety Executive produces annual information about pesticide incidents investigated by its inspectors. The Pesticide Incidents Report is published each autumn and the results presented to the ACP. The report includes analyses of data collated for previous years and highlights trends in respect of alleged ill health and other non-health related complaints. The most recent report was discussed at the ACP meeting held on 29 November 2001. The 10 most commonly recorded chemical types for active ingredients in alleged ill health incidents for the past 10 years are listed in the report.

Organophosphates remain the most commonly recorded pesticide type, although more recently (from 1999) pyrethroids have featured more frequently. The most commonly recorded pesticide functions are herbicides and fungicides. Data obtained from incidents where pesticides are confirmed to have caused ill health are fed back into the approvals system and taken into account when the active substance is reviewed. Progressively, under European legislation now in place, future incidents reports will provide information on investigated incidents and complaints involving plant protection products (currently referred to as agricultural pesticides under the national system of pesticide approvals) and biocides (currently called non-agricultural pesticides).

Safety on Roads: Warning Signs

Lord Berkeley asked Her Majesty's Government:

    Whether a highway authority's responsibilities for safety of the road under Section 3 of the Health and Safety at Work Act 1974 would oblige it to provide and maintain warning signs when a straight road leading over a railway bridge was realigned onto a blind bend and the bridge removed 33 years ago; and [HL3734]

    Whether they will list the number, type and result of prosecutions in the last five years for failure to ensure the safety of a road. [HL3736]

Lord Falconer of Thoroton: Section 3 of the Health and Safety at Work Act 1974 places a general duty on employers to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, the health and safety of the public. In general, Section 3 is not enforced where public and worker safety is adequately protected by a more specific and detailed law enforced by another authority, in this instance the Highways Act 1980 and the Road Traffic Regulation Act 1984.

The Road Traffic Regulation Act 1984 gives a traffic authority the power to place traffic signs on or near a road and the Highways Act 1980 puts on highway authorities a duty to maintain the highway (including signs). The Highways Act does not specify the standard of maintenance required but case law suggests that the extent of this duty will vary according to the type of highway and the kind of traffic that may

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normally be expected on it. Information about prosecutions for failure to ensure the safety of a road is not kept centrally. Rebo

Lord Berkeley asked Her Majesty's Government:

    Whether the Health and Safety Executive intends to prosecute Lincolnshire County Council for a failure to ensure the safety of the road at Nocton.[HL3735]

Lord Falconer of Thoroton: Both the British Transport Police and Lincolnshire police are investigating this incident. Until these investigations are concluded no decision can be taken about whether the Health and Safety Executive will prosecute Lincolnshire County Council.

Lord Berkeley asked Her Majesty's Government:

    In respect of the accident at Nocton in Lincolnshire on 28 February, whether there had ever been a road barrier in place since the under-bridge was removed 33 years ago; if so, who removed the barrier; when; and why it was not replaced.[HL3738]

Lord Falconer of Thoroton: This is a matter for whoever is responsible for maintaining the road.

Railway Safety

Lord Berkeley asked Her Majesty's Government:

    Whether they will list the number, type and result of prosecutions in the last five years for failure to ensure the safety of a railway.[HL3737]

Lord Falconer of Thoroton: A summary of prosecutions by the Health and Safety Executive for the five years 1996–97 to 2000–01 for breaches of health and safety legislation is provided in the table below.

YearNumber of prosecutions heardSuccessful prosecutions
1996–9766
1997–9888
1998–991010
1999–20001111
2000–011211

Full details of these prosecutions are included in the HM Chief Inspector of Railways' Annual Report on the safety record of the railways in Great Britain. Copies are available from both the House libraries.

Rebo


Merseyside Waterfront Development Plan

Lord Fearn asked Her Majesty's Government:

    When the first projects of the Merseyside waterfront development plan will start. [HL3813]

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Lord Falconer of Thoroton: Work on the Mersey Waterfront Regional Park is progressing as planned and a commencement business plan is currently being finalised for consideration by partners and stakeholders.

The five Merseyside local authorities have formed a steering group to develop a programme of proposed projects over the period 2002–05. The programme is anticipated to commence in September.

Witham: Advertising Hoardings

Lord Marlesford asked Her Majesty's Government:

    Whether they will ask Braintree District Council to cease using land adjacent to the A12 trunk road at Witham for advertising hoardings, which are contrary to government planning policy guidance.[HL3836]

Lord Falconer of Thoroton: Local planning authorities are responsible for the day-to-day operation of the advertisement control system. They have powers to control outdoor advertisements and to remove advertisements which are displayed unlawfully. Rebo

Green Ministers Cabinet Sub-Committee

Baroness Anelay of St Johns asked Her Majesty's Government:

    Which Ministers sit on the Green Ministers Cabinet Sub-Committee; and how many times the sub-committee has met since 7 June 2001. [HL3484]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Whitty): Following the General Election in June 2001, the previously informal committee was upgraded to a Cabinet Sub-Committee of ENV and it is established practice under exemption two of Part II of the Code of Practice on Access to Government Information not to disclose information relating to the proceedings of Cabinet Committees.

The membership of the committee is as follows:

NameDepartment
Rt. Hon Michael Meacher MP Minister of State (Environment) (Chair) Department for Environment, Food and Rural Affairs
Rt. Hon Harriet Harman QC MP Solicitor General Law Officers Department
Rt. Hon Paul Boateng Financial Secretary HM Treasury
Rt. Hon Alun Michael Minister of State (Rural Affairs) Department for Environment, Food and Rural Affairs
Brian Wilson QC MP Minister for Industry and Energy Department of Trade and Industry
Rt. Hon Baroness Blackstone Minister for the Arts Department for Culture, Media and Sport
George Foulkes MP Minister of State Scotland Office
Christopher Leslie MP Parliamentary Secretary Cabinet Office
Rosie Winterton MP Parliamentary Secretary Lord Chancellor's Department
Angela Eagle MP Parliamentary Under Secretary of State Home Office
Hilary Benn MP Parliamentary Under Secretary of State Department of International Development
Rt. Hon Baroness Hollis of Heigham Parliamentary Under Secretary of State Department for Work and Pensions
Dr Alan Whitehead MP Parliamentary Under Secretary of State Department of Transport, Local Government and the Regions
Yvette Cooper MP Parliamentary Under Secretary of State Department of Health
Baroness Ashton of Upholland Parliamentary Under Secretary of State Department for Education and Skills
Dr Lewis Moonie MP Parliamentary Under Secretary of State Ministry of Defence
Dr Denis MacShane MP Parliamentary Under Secretary of State Foreign and Commonwealth Office
Desmond Browne MP Parliamentary Under Secretary of State Northern Ireland Office
Don Touhig MP Parliamentary under Secretary of State Wales Office

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