Health and Safety: Common Sense Common Safety

Lord Young of Graffham Excerpts

Thursday 25th November 2010 Lords Chamber

Moved by

[Lord Young of Graffham]

To call attention to the report to the Prime Minister Common Sense Common Safety on the operation of health and safety laws and the growth of the compensation culture; and to move for papers.

[Lord Young of Graffham]

My Lords, it has been some 21 years since I last opened a debate in your Lordships' House. Over these years, our House has changed, for many who used to grace your Lordships' House are, alas, no longer with us. However, one thing that I am certain has not changed is the courtesy and attention which all in your Lordships' House display towards our debate.

Towards the end of last year the Prime Minister, when he was Leader of the Opposition, asked me to review the operations of health and safety laws and the compensation culture. I published my report on 15 October, after the Cabinet had accepted it in its entirety. I was continuing to work on the process of implementing the 40 or so recommendations across Whitehall. As many in your Lordships' House will know, that is no longer possible, but I have every confidence that the outstanding matters in my report will be implemented in full.

Let me begin by saying that due to the Health and Safety at Work etc. Act 1974, one of the more successful pieces of legislation, this country has the lowest number of non-fatal accidents at work in the EU and the second lowest number of fatal accidents. This does not, of course, mean that we can afford to be complacent in any way about health and safety, and nothing in my report will reduce safeguards in hazardous occupations. My review deals only with non-hazardous activities, where the health and safety risks are very low but the level of bureaucracy is unacceptably high.

When I first started my work, I assumed, as perhaps many in your Lordships' House would assume, that this was somehow all to do with intrusive legislation emanating from Europe. Alas, I found that this was not so, for much was home-grown, often not because of any laws or regulations but because of the practices adopted by unqualified consultants and untrained health and safety officials in both the private and the public sector. Unfortunately, the sometimes excessive recommendations of an untrained consultant were often followed to the letter, not because the client believed that they were appropriate but because they feared that if they did not follow the advice, their accident insurance policy might in some way be defective. Their concern was heightened largely because of excessive advertising on daytime television and the radio by claims management companies that made them worry that they could be sued on the slightest pretext and have to pay massive damages. Indeed, if you consider the many ways in which government has enabled people to sue—the availability of no-win no-fee contracts, the availability of after-the-event insurance, the actions of the claims management companies that harvest claims in order to auction them off to the solicitor who will pay the most—the world would seem a very unfair place to many small and medium-sized companies.

My report came down firmly on the side of Lord Justice Jackson’s report on civil litigation costs. I am delighted that the Ministry of Justice announced last week that it had started consultations with a view to implementing the report. Lord Justice Jackson came out against the claims management companies and their excessive advertising. I look forward to the outcome of these consultations. In addition to the implementation of the Jackson report, my report recommended that we extend the road traffic accident scheme that was introduced earlier this year in respect of personal injuries arising from traffic accidents across all personal injury claims.

The great advantage of this simplified system is that it enables claims to be settled very quickly. It takes 18 months to settle a personal injury claim using the current system. As a result, it is highly likely that the claimant will not return to work until the case is settled, probably on the advice of their lawyer. In these circumstances, it is possible that the claimant may never return to work. The RTA scheme has demonstrated already that claims can be settled in as little as three to four months. Not only would we have the advantage of much lower costs, saving the National Health Service many tens of millions of pounds a year, but there would be an increased likelihood of the claimant returning to full-time work.

There are other concerns about the abuse of health and safety legislation. All too often it has been used as an excuse for inaction. There is the by now infamous case of the pancake race last Shrove Tuesday in St Albans, where a local authority health and safety official, who arrived just before the off, decided that, as it had rained the night before, he would stop the race. In the event, he let them proceed, provided that they walked the course. I had our lawyers look at this incident; they could not decide under what authority the official acted.

This is not a unique case. In the course of my inquiry we heard of many people who were concerned about the improper use of health and safety legislation. We have now agreed that, should this happen in the future, you can ask the official concerned to put his legal authority for the decision in writing. Any citizen will have the legal right to refer that case to the ombudsman, who has agreed to give an answer within a fortnight. If the event was cancelled without proper authority, the local authority will have to pay compensation. I do not believe there will be many cases of local authorities paying compensation, but it will make officials think twice or more before coming out with arbitrary decisions.

A further area of concern was the bureaucracy imposed on teachers. I found that if a teacher wished to take a class out, he or she had to complete a 12-page pack of forms eight weeks in advance and then get them signed off not only by his or her superior in the school but by the local education authority. This applied every time a teacher wanted to take a class out. Really, this has nothing to do with the safety of a class when it is out of school—that depends mainly on the vigilance of the teacher—but it is an additional and unnecessary burden on an already hard-pressed teacher. Now, all that will happen is that a pupil, when they commence school, will bring along a letter of consent to all sports and outings, signed by their parent or guardian. Of course, all parents will continue to have the right to withdraw their child from any particular trip or activity.

Another area has given rise to general concern. At the time of the heavy snows last February, much was stated in the press about the danger of clearing the snow in front of your house. It was widely stated that if you did so and someone had an accident, you could be liable. Nothing was further from the truth, for voluntary acts do not generally make you liable, but this is once again one of those areas where perception becomes reality. My report recommends that we legislate to make this absolutely clear. I hope, and anticipate, that space will be found this Session in which to do so.

When I travelled round the country, I also found that local authorities were sending their health and safety inspectors to exactly the same premises to which they were sending their Food Standards Agency inspectors. As a result of my report two things will happen. First, I recommend that we merge food inspectors and health and safety inspectors so that each visit covers both areas. Secondly, we are introducing a scheme that will encourage every restaurant and store selling open food to display the results of their inspection at the entrance, and all premises will be marked on a score from five down to zero. I recommend that noble Lords do not go near a restaurant with a score of zero, for about 1 million people a year suffer from food poisoning, some 20,000 end up in hospital and, alas, some 500 die. I believe that such a scheme would provide upward pressure on standards, as has been found to be the case in California where there is a scheme of this nature. It is voluntary for the first year, but should the uptake not be satisfactory we have agreed to make it compulsory. I hope that it will operate in time for the Olympics as it would be a great boon to our tourist industry.

I have covered only a few of the 40 or so recommendations contained in my report. There have been few criticisms of the report’s content, save perhaps from a small minority of personal injury lawyers. I hope that over the next year the report’s various provisions will come into effect and that health and safety will become less of a joke and resume its rightful place in the protection of people in the workplace. It is probably too soon to say but it is my impression that over the past few weeks there have been far fewer stories about health and safety in the press—I have noticed one or two other stories as well—but only time will tell. I beg to move.

--- Later in debate ---

[Lord Young of Graffham]

My Lords, I am grateful to the House for this contribution to discussion on health and safety. I will not detain your Lordships much longer, but I would like to say just three things and to make one general observation. I am very grateful to the noble Lord, Lord Rooker, not only for his thorough endorsement of my report, but for the way in which we have worked together with his organisation. Next week, at Bluewater, the Scores on the Doors scheme will be introduced, which I believe will not only make a long-lasting contribution to the health of the nation but be a valuable boost to tourism.

I agree completely with the noble Lord, Lord Smith of Finsbury, on his point about incitement to litigate, but I ask him also to look at the volume of advertising, which I believe has increased remarkably and markedly since 2006. The noble Lord, Lord Jordan, has the honour to be president of RoSPA. Perhaps I may say that I fail to recognise his description of my report. Furthermore, in the past three weeks I have had two meetings with his officials and none of those points was raised with me.

Finally—to give a general observation—the laws and the regulations are there. The one thing not dealt with is people and I am afraid that individuals, from time to time, take all these rules and regulations and assert petty authority or take extreme views. The only antidote to that is common sense and that I commend to your Lordships’ House. I beg leave to withdraw the Motion.

Motion withdrawn.