New sentencing Bill could save government's blushes
A Bill that would stiffen sentences for most health and safety offences has run into parliamentary timetable problems. The Health and Safety at Work (Offences) Bill1 would increase the maximum fine available to magistrates to £20,000 for nearly all breaches, and allow judges and magistrates to send offenders to prison in many more circumstances.
The initiative, which was introduced as a private member's 10-minute rule Bill by Laurie Quinn MP, would apply to England, Scotland and Wales, but not to Northern Ireland. The Bill's provisions follow those contained in draft versions of the government's own Safety at Work Bill, which is still to see the light of day (HSB 314). An attempt to introduce an almost identical offences Bill in the 1999/2000 parliamentary session by Malcolm Savidge MP, who is also a sponsor of Quinn's Bill, failed for lack of parliamentary time (HSB 291).
The latest Bill started its second reading on 31 January 2003, but ran out of time and was delayed until 7 February, when it was not reached and was delayed again until 7 March. The January debate ran for more than two hours, suffering lengthy, delaying speeches from Conservative MPs annoyed that a previous Bill had been lost because of tactics by Labour MPs.2
The future of the Bill is uncertain. As it is not a "top six" private member's Bill, it is not guaranteed parliamentary time and is therefore at risk of either not being reached or talked out by MPs. Its chances of progress, as with most private members' legislation, are therefore highly dependent on the government's attitude and its willingness to allocate the Bill parliamentary time.
The Minister for Work and Pensions, Nick Brown, was not reached in the January debate, so the official position of the government is not clear. Nevertheless, Brown's department supplied the explanatory notes to the Bill, and he did intervene in the debate to ask MPs not to talk the Bill out and instead let it receive a committee stage. Furthermore, the government is highly embarrassed that it has failed to bring forward legislation on sentencing for health and safety crimes, despite clear commitments in opposition and in its Revitalising health and safety strategy (Penalising corporate killers), and an announcement in the 2000 Queen's Speech that it would introduce such a Bill.
The sentencing changes
Currently, the maximum fine available to magistrates under the HSW Act for general offences (ss.2-6), contravention of improvement or prohibition notices or failure to comply with a court remedy order is £20,000. Other offences, including breaches of most health and safety Regulations, are limited to a fine of £5,000. The Bill will increase the maximum fine for most health and safety offences to £20,000. The only offences that will retain a £5,000 limit under the Bill concern:
The Bill does not raise the £20,000 maximum, and fines available to Crown Court judges will remain unlimited.
The Bill will also give magistrates the option of imprisonment for many health and safety offences (see box). Currently, magistrates can imprison -for up to six months - only for contravention of improvement or prohibition notices or failure to comply with a court remedy order. At the moment, Crown Court judges have the option of a two-year prison sentence for disclosing information in breach of the HSW Act, breaches of licensing or explosives requirements and the two imprisonable offences available to magistrates. The Bill will extend the option of prison for all offences heard in the Crown Court, except for employers that charge employees for things done to meet statutory requirements, and failing to comply with an HSE notice requesting information.
The Bill will also lengthen the list of offences that can be heard in the Crown Court. The only offences that will be restricted to a magistrates' court under the Bill will be: contravening requirements related to public inquiries or special investigations; obstructing an inspector; and pretending to be an inspector.
The Bill will also increase to £20,000 the maximum fine for a failure to insure under the Employers' Liability (Compulsory Insurance) Act 1969. Quinn pointed out that the current fine can be as low as £2,500, which will often be less than the premium.
1"Health and Safety at Work (Offences) Bill, Bill 38", the Stationery Office, £2.50. The Bill and explanatory notes (HCB 38 EN) are also available free at: www.publications.parliament.uk.
2Hansard, House of Commons, 31 January 2003, cols 1149-1183, the Stationery Office.
