Construction Companies (Fatal Accidents) — House of Commons, 2016-03-23
Topic: Law and Crime
Justin Paul Tomlinson (Conservative, Centre-right): I shall come on to the point about proactive inspections, which the hon. Gentleman raised in an earlier intervention. I shall cover this issue. Checking against standards is an important point to highlight Several factors can affect the pace at which fatal accidents are investigated before any prosecution can be brought to court. The police normally assume primacy for the investigation to identify whether serious offences, such as corporate manslaughter, are involved. This can take many months, or in some cases years, during which HSE is unable to initiate proceedings. The police and Crown Prosecution Service might be in charge of the case right through to any court cases In the majority of cases, once HSE has primacy, a prosecution cannot start until after the coroner’s inquest. This does not always happen quickly and sometimes further evidence emerges at an inquest and HSE has to make further inquiries. Once a defendant has been charged, it can take several months before the case comes to trial, especially if it is defended in the Crown court The hon. Member for Jarrow has publicly raised concerns that, on average, it takes nearly three and a half years from the death of a worker to the point at which those responsible are convicted. I questioned that when I became the Minister and had my first briefings. We all agree that we want this period to be as short as possible, and HSE works closely with its partner agencies, the Courts Service and its counterparts in Scotland, to minimise any delays HSE has a performance standard for completing investigations of fatal incidents within 12 months of receiving primacy. Currently, more than 80% of prosecution decisions for construction incidents meet this standard, and most take considerably less time. Indeed, half of HSE’s decisions to prosecute are made within two years of the date of a fatal construction incident, which includes any time during which the police had primacy and a coroner’s inquest decision was awaited HSE has signed the work-related deaths protocol with fellow regulators to ensure that investigations are completed and that any decision to prosecute is made as quickly as possible, taking into account the nature of the case. There is now a new practical guide for investigators, which should ensure that all parties work effectively together and that any prosecution is brought as soon as possible. Other than in exceptional circumstances, it should be no later than three years after the date of the death. To be very clear, HSE recognises the need to maintain pace in all these investigations I appreciate how the hon. Member for Jarrow has raised through parliamentary questions the important issues in this area. We need to make it clear, however, that there has been no fall in HSE conviction rates in recent years; conviction rates for those prosecuted for breaking health and safety laws in construction have actually risen in recent years from 92% to 94%. The number of HSE prosecutions being approved following fatal construction accidents is not falling over time and there has been no increase in the time taken to make a decision on prosecution. The average number of days between fatal incidents and prosecution approval over the last five years has reached a relatively settled position. Average figures can be heavily influenced by the fact that a small number of complex investigations take several years to conclude, but the HSE expects the average time for inspection between its taking primacy and a prosecution decision to continue to fall in future years In connection with the debate, I have asked the HSE to look again at the way in which such figures are presented, and to consider whether it would be possible to produce median figures so that we could see how long a typical investigation would take. However, we must remember that we would do a real disservice to those who have lost loved ones if we introduced an artificial pressure to speed up investigations at the cost of quality, increasing the risk of prosecution failure through inadequate evidence collection and failing to learn lessons The HSE fully recognises the important role that investigation, inspection and enforcement play in securing improvements. However, sustained improvement requires an integrated strategic approach. That includes ensuring that the legal framework and guidance are flexible and easier for small businesses to understand. I have received positive feedback on that, suggesting that there is much more engagement on their part. It also includes encouraging all players in the industry to play their part, working with industry and others to develop practical solutions, and encouraging industry supply chains to provide help and support for small businesses. That approach has contributed to a very significant reduction in the number of fatal construction incidents over the last 15 years, which is currently less than a third of the rate in 2000-01. I am sure we all welcome the fact that the number of fatal injuries fell from 5.9 per 100,000 workers in 2000-01 to 1.62 per 100,000 in 2014-15 The hon. Member for Strangford (Jim Shannon) pointed out that the Health and Safety Executive for Northern Ireland makes surprise visits. That happens here as well, and rightly so, because it is vital to keep people on their toes Members have given various figures for the number of inspectors in the HSE’s construction division, so let me give the House the actual figures. In 2011-12, there were 196. In 2012-13, there were 193. In 2013-14, there were 184. In 2014-15, there were 180. In 2015-16, there were 187, and the HSE is in the process of recruiting more. The position is clearly relatively settled, and numbers are currently growing Construction work is, all too often, an unnecessarily high-risk activity. We know that the risks can be properly managed—I do not need to remind the House of the exemplary record that was achieved during the construction of the 2012 Olympic Park—but some duty holders still fail miserably. The HSE will continue to prioritise its investigation work in order to hold the right people to account for those who are harmed by construction work, and to do so as quickly as possible If the hon. Member for Jarrow wishes to know more about the HSE’s work, I—or HSE officials—would be happy to meet him to discuss the matter further with him, along with representatives of the Union of Construction, Allied Trades and Technicians. I thank him for raising this important issue this evening Question put and agreed to.