Andy McDonald

The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.

The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.

The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.

The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.

The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.

The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.

The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.

The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.

The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.

The Department engaged ACAS to gather evidence of how fire and rehire is being used and they have concluded their work.

ACAS engaged with a range of groups, including employer bodies and trade unions, as well as professional bodies with advisory contact with employers, such as employment lawyers, accountants, and payroll services.

Officials are now giving this evidence due consideration, and the Government will communicate our response in due course.

The Government guidance on the current national restrictions enables tradespeople, such as meter readers and smart meter installers, to work in peoples’ homes if it is a necessary part of their job. The Government is clear that businesses in certain sectors can remain open if they can adhere to Safer Working guidance. When visiting peoples’ homes, tradespeople should follow the guidance and take appropriate Covid-19 secure precautions.

Freeports are not deregulatory and the government will ensure that the UK’s high standards with respect to workers’ rights will not be compromised. Therefore the UK’s trade union rights will apply to freeports.

The UK takes a voluntarist approach in relation to industrial relations. Collective bargaining is largely a matter for individual employers, their employees and their trade unions. It is therefore for individual employers to decide whether they wish to recognise a trade union for collective bargaining purposes.

Please see responses to each request for information in the table below:

[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.

[2] Number of complaints investigated.

[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.

[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.

[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.

[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.

[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.

Please see responses to each request for information in the table below:

[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.

[2] Number of complaints investigated.

[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.

[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.

[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.

[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.

[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.

Please see responses to each request for information in the table below:

[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.

[2] Number of complaints investigated.

[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.

[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.

[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.

[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.

[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.

Please see responses to each request for information in the table below:

[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.

[2] Number of complaints investigated.

[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.

[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.

[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.

[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.

[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.

The Working safely guidance was last updated on 6 January to reflect the new national lockdown. The guidance is kept under constant review based on the latest scientific evidence we receive.

BEIS has worked closely with Health and Safety Executive (HSE), Public Health England and others throughout the pandemic to ensure that guidance for businesses is based on the most up to date understanding of Covid-19. There are arrangements in place between BEIS and HSE for weekly reviews of the recommendations for workplaces to ensure that any changes are rapidly reflected either through direct changes to the GOV.UK guidance or through links to the recommendations published by other departments.

HM Revenue and Customs (HMRC) enforce the National Minimum Wage regulations on behalf of the Department for Business, Energy, and Industrial Strategy (BEIS). They investigate where they believe an employer is not paying the minimum wage and follow up every worker complaint they receive. HMRC only hold data relating to (a) wages recovered for workers. They do not hold data relating to (b) money recovered for workers from unlawful fees charges to workers or (c) unpaid holiday pay recovered for workers as these are outside of their remit.

The Employment Agency Standards Inspectorate (EAS) and the Gangmasters and Labour Abuse Authority (GLAA) do not differentiate between the amount of money recovered in unpaid wages, holiday pay or a potential unlawful deduction.

[1] Source: 18/19 compliance and enforcement report

[2] These figures will be published in the enforcement and compliance report for that year.

[3] GLAA are sponsored by the Home Office, rather than BEIS. These figures have been provided by GLAA.

The proportion of investigations undertaken by Employment Agency Standards Inspectorate with Immigration Enforcement amounts to 0.6% of all cases between 1 April 2016 and 30 November 2020.

HMRC only conduct joint visits where there are pertinent risks for other enforcement agencies. From 2017/18 to 2019/20, joint visits involving Immigration Enforcement represent 1.3% of HMRC National Minimum Wage Team’s investigations.

The Gangmasters and Labour Abuse Authority work with several partners, including Immigration Enforcement, in different ways which may change as an investigation develops. They only capture data on the lead agency in each case and therefore it is not possible to accurately state the total proportion of investigations carried out with Immigration Enforcement.

The Government does not currently intend to amend domestic legislation to require employers to record working hours as set out in the judgment.

It is important that employers comply with the Working Time Regulations in respect of working hours and daily and weekly rest, and that they are held to account if they don't. Workers can take a case to employment tribunal concerning insufficient rest, and the Health and Safety Executive directly enforces maximum working hours. The Government has also committed to bringing forward state enforcement of the rules in the Working Time Regulations on holiday pay for vulnerable workers, to ensure that workers get the paid time off they deserve.

The Government does not disclose the legal advice it receives in relation to its work.

The Government does not currently intend to amend domestic legislation to require employers to record working hours as set out in the judgment.

It is important that employers comply with the Working Time Regulations in respect of working hours and daily and weekly rest, and that they are held to account if they don't. Workers can take a case to employment tribunal concerning insufficient rest, and the Health and Safety Executive directly enforces maximum working hours. The Government has also committed to bringing forward state enforcement of the rules in the Working Time Regulations on holiday pay for vulnerable workers, to ensure that workers get the paid time off they deserve.

The Government does not disclose the legal advice it receives in relation to its work.

Information on the Employment Agency Standards Inspectorates budget, FTE Staff and FTE Officers is set out below. Budgets for 2021-22 and 2022-23 have not yet been formalised:

* Recruitment of staff took place towards the end of the 2019-20 Financial Year

The Employment Agency Standards Annual Report for 2018/19 was due to be published in April 2020. All non-COVID-19 publications were halted at that time to ensure the timely dissemination of business-critical information. The annual report will be published in due course.

Umbrella companies do not currently fall within the remit of the Employment Agency Standards Inspectorate (EAS) and therefore no investigations have been undertaken. The Government has committed to extending the remit of the EAS to umbrella companies. EAS continues to work closely with the industries Trade Bodies to ensure Agency workers interests are addressed.

Information on the Employment Agency Standards Inspectorates budget, FTE Staff and FTE Officers is set out below. Budgets for 2021-22 and 2022-23 have not yet been formalised:

* Recruitment of staff took place towards the end of the 2019-20 Financial Year

The Employment Agency Standards Annual Report for 2018/19 was due to be published in April 2020. All non-COVID-19 publications were halted at that time to ensure the timely dissemination of business-critical information. The annual report will be published in due course.

Umbrella companies do not currently fall within the remit of the Employment Agency Standards Inspectorate (EAS) and therefore no investigations have been undertaken. The Government has committed to extending the remit of the EAS to umbrella companies. EAS continues to work closely with the industries Trade Bodies to ensure Agency workers interests are addressed.

Information on the Employment Agency Standards Inspectorates budget, FTE Staff and FTE Officers is set out below. Budgets for 2021-22 and 2022-23 have not yet been formalised:

* Recruitment of staff took place towards the end of the 2019-20 Financial Year

The Employment Agency Standards Annual Report for 2018/19 was due to be published in April 2020. All non-COVID-19 publications were halted at that time to ensure the timely dissemination of business-critical information. The annual report will be published in due course.

Umbrella companies do not currently fall within the remit of the Employment Agency Standards Inspectorate (EAS) and therefore no investigations have been undertaken. The Government has committed to extending the remit of the EAS to umbrella companies. EAS continues to work closely with the industries Trade Bodies to ensure Agency workers interests are addressed.

Information on the Employment Agency Standards Inspectorates budget, FTE Staff and FTE Officers is set out below. Budgets for 2021-22 and 2022-23 have not yet been formalised:

* Recruitment of staff took place towards the end of the 2019-20 Financial Year

The Employment Agency Standards Annual Report for 2018/19 was due to be published in April 2020. All non-COVID-19 publications were halted at that time to ensure the timely dissemination of business-critical information. The annual report will be published in due course.

Umbrella companies do not currently fall within the remit of the Employment Agency Standards Inspectorate (EAS) and therefore no investigations have been undertaken. The Government has committed to extending the remit of the EAS to umbrella companies. EAS continues to work closely with the industries Trade Bodies to ensure Agency workers interests are addressed.

Information on the Employment Agency Standards Inspectorates budget, FTE Staff and FTE Officers is set out below. Budgets for 2021-22 and 2022-23 have not yet been formalised:

* Recruitment of staff took place towards the end of the 2019-20 Financial Year

The Employment Agency Standards Annual Report for 2018/19 was due to be published in April 2020. All non-COVID-19 publications were halted at that time to ensure the timely dissemination of business-critical information. The annual report will be published in due course.

Umbrella companies do not currently fall within the remit of the Employment Agency Standards Inspectorate (EAS) and therefore no investigations have been undertaken. The Government has committed to extending the remit of the EAS to umbrella companies. EAS continues to work closely with the industries Trade Bodies to ensure Agency workers interests are addressed.

The Government’s role in these situations is to set the legislative framework and requirements for collective redundancy consultation.

Disputes about the compliance are generally questions of fact and the Employment Tribunal is best placed to determine whether a breach of the requirements has taken place and whether there should be an award for the breach.

The Government has powers to act where there has been a failure to notify the Secretary of State of proposed collective redundancies prior to the start of statutory consultation.

The Government has a robust package of measures to address non-compliance including:

• potential disciplinary action for officeholders who fail to consult following appointment on insolvency,

• a financial penalty on employers who fail to engage with employees and;

• potential prosecution for failure to notify the relevant competent authority when proposing redundancies.

Government recognises the importance of ensuring that where redundancies are necessary, employers get the process right. Acas has been running webinars focusing on handling redundancies in both collective and non-collective situations. The range of digital events outline the legal processes around redundancy. The events have been updated to consider the specific challenges around Coronavirus as well as alternatives to redundancy, including the Coronavirus Job Retention Scheme.

In addition, Acas, CBI and TUC have published a joint statement on handling redundancies. Their message encourages employers to exhaust all possible alternatives before making redundancies and to consult with their workforce on what these alternatives might be. The organisations have called on all employers considering redundancies to work with their trade unions and employees and get the process right by following 5 principles:

1. Do it openly – whatever the scale of the redundancies, the sooner people understand the situation, the better for everyone;
2. Do it thoroughly - by providing information and guidance;
3. Do it genuinely – consultation means hearing people's views before you make a decision and being open to alternatives based on feedback;
4. Do it fairly - all aspects of your redundancy procedure should be conducted fairly and without any form of discrimination.
5. Do it with dignity - losing your job has a human as a well as a business cost. The way you let people go says a lot about your organisation's values. Think about how you will handle the conversation – whether it is face-to-face or remote.

In the Queens’ Speech, we announced we will bring forward measures to deliver on a range of Manifesto commitments.

Our legislation will make workplaces fairer, by providing better support for working families and by encouraging flexible working.

We will deliver on our commitment to balance the needs of both employers and workers to ensure we have an employment framework that is fit for purpose for the 21st century.

It is important that we work closely with stakeholders to make sure we get the legislation right, and we will bring forward details of the Employment Bill in due course.

In the Queens’ Speech, we announced we will bring forward measures to deliver on a range of Manifesto commitments.

Our legislation will make workplaces fairer, by providing better support for working families and by encouraging flexible working.

We will deliver on our commitment to balance the needs of both employers and workers to ensure we have an employment framework that is fit for purpose for the 21st century.

It is important that we work closely with stakeholders to make sure we get the legislation right, and we will bring forward details of the Employment Bill in due course.

The Government is committed to tackling minimum wage non-compliance. Anyone entitled to be paid the National Minimum Wage (NMW) should receive it. The last financial year (2019/20) was another strong year for NMW enforcement. HMRC completed over 3,300 investigations and found arrears in just over 1,200 of them. They identified £20.8 million in arrears for over 263,000 workers and issued just under 1,000 penalties, totalling £18.5 million to non-compliant employers.

We have noted the Low Pay Commission’s (LPC) recommendations made in their 2020 report on non-compliance and enforcement of the NMW. We responded to the LPC’s last (2019) set of enforcement recommendations in the 2018/19 edition of BEIS’ annual report on NMW Enforcement and Compliance[1].

We have already acted on the recommendations made by the LPC following the publication of their report in May 2020. We have drawn up plans for evaluative work across the 2020-21 financial year, started research to assess the impact of HMRC’s promote activity and engaged with both the Department for Education and HMRC to tackle the underpayment of apprentices. We will respond in full to the LPC’s 2020 enforcement recommendations in due course. We will also provide more detailed statistics on enforcement in 2019/20 as part of the 2019/20 edition of BEIS’ annual report on NMW Enforcement and Compliance.

[1] National Living Wage and National Minimum Wage: Government evidence on compliance and enforcement, 2019 (BEIS, 2020)

The Government is determined that everyone who is entitled to the National Minimum Wage (NMW) receives it. All businesses, irrespective of size or business sector, are responsible for paying the correct minimum wage to their staff. Our priority is to ensure that workers receive the money they are owed as quickly as possible. For this reason, in the vast majority of cases, HMRC pursue civil enforcement, which is the quickest way of ensuring workers receive their arrears.

Labour Market Enforcement Undertakings and Orders provide a further tool for cases that involve high levels of arrears per worker and/or NMW non-compliance over an extended period of time. These can result in a two-year custodial sentence and/or an unlimited fine.

HMRC investigates all complaints from workers; and if anyone thinks they are not receiving at least the minimum wage they can contact Acas, in confidence, on 0300 123 1100 or via the online complaints form using the link:

https://www.gov.uk/government/publications/pay-and-work-rights-complaints

HMRC will prosecute where it finds the most serious cases of non-compliance and since the financial year 2009-10 HMRC NMW investigations have led to 8 successful prosecutions of employers for NMW related offences.

Total prosecutions since the financial year 2009-10:

Government compliance and enforcement 18/19 link:

https://www.gov.uk/government/publications/national-living-wage-and-national-minimum-wage-government-evidence-on-compliance-and-enforcement-2019

*The eighth case was successfully prosecuted in November 2019. As this case falls outside the 2018/19 reporting period, it will be detailed in next year’s (19/20) report.

The Government is deeply concerned by the reports of illegal and unsafe working conditions for textile workers in Leicester, especially in light of the recent increase in COVID-19 infections.

The main labour market enforcement bodies (the HMRC National Minimum Wage team and the Gangmasters Labour Abuse Authority), as well as the Police and the Health & Safety Executive, have been working closely with Leicester Council to set up the Leicester Compliance Task Force. The key aims of the taskforce is to address broader labour market and health and safety issues by using local knowledge to improve understanding of the exploitation risks, increase awareness, support victims and ensure compliance.

Since 2017, a number of operations have been undertaken in the Leicester area linked to potential exploitation, including underpayment of the minimum wage. Where breaches have been found appropriate enforcement action has been taken, including warning letters, recovery of unpaid wages, penalties, and director disqualifications.

The Government has more than doubled the budget for National Minimum Wage compliance and enforcement to £27.5 million for 2020/21, up from £13.2 million in 2015/16. Increasing the budget allows HMRC to focus on tackling the most serious cases of wilful non-compliance. It also increases the number of compliance officers available to investigate minimum wage complaints and conduct risk-based enforcement in sectors where non-compliance is most likely.

The Department continues to monitor the impact of Covid-19 on working conditions in the UK and internationally. We are currently contributing to domestic research on changes to working practices in the UK which will be published in due course.

We worked closely with the Health and Safety Executive to develop this guidance, including the risk assessment content. Existing health and safety legislation requires risk assessments to be carried out, and our guidance does not change this.

We are asking companies to consider publishing the results of their risk assessments whenever possible, although publishing risk assessments is not a legal obligation. The Government expects larger organisations – those with over 50 workers – to publish the results of their risk assessments.

We think businesses will want to do this to help build the confidence of their workers and their customers.

In order to help with this, the Government has provided a new notice which employers can display to show they have followed the guidance on managing the risks of COVID-19.

As the UK has left the European Union, the UK is no longer a member of the European Foundation for the Improvement of Living and Working Conditions. Only Member States of the EU can be members of the Foundation. The UK will continue to have access to the research produced by the Foundation, and if the Foundation or the EU wish the UK to be involved in any discussions, meetings or research, the UK Government will consider any such request on its merits.

The Department for Business, Energy and Industrial Strategy is not compiling a list of businesses that have carried out risk assessments.

As stated in the Answer of 2 June 2020 to Question 49014, existing health and safety legislation requires risk assessments. The safer working guidance does not change this.

Publishing risk assessments is not a legal obligation, but we are asking companies to consider publishing the results of their risk assessments whenever possible. We recommend that larger companies – those with over 50 workers – publish the results of their risk assessments.

We think employers will want to do this to help build the confidence of their workers and their customers.

Existing health and safety legislation requires risk assessments. The safer working guidance does not change this.

Employers have a duty to consult their employees, and unions where applicable, as part of their risk assessment. Involving workers in this will help build trust and confidence that all reasonably practicable steps are being taken to reduce risks of COVID-19, so that people can return to work safely.

All businesses should share the results of their risk assessment with their employees. The Government is asking employers to publish the results of these assessments on their websites whenever possible. The Government expects larger organisations – those with over 50 workers – to publish the results of their risk assessments.

In order to help with this, the Government has provided a new notice which employers can download and display to show they have followed the guidance on managing the risks of COVID-19.

Under the law, employers are responsible for health and safety management and should take the necessary steps to ensure safe workplaces. During the Covid-19 crisis, the Government has worked with a wide range of businesses, trade unions and representative organisations to issue guidance on safe return to work. Public Health England and the Health and Safety Executive have also issued guidance on how to ensure social distancing and hygiene measures in the workplace.

In line with employment and health and safety law, this guidance sets out that where employees have health and safety concerns, they should raise this with their employee representative, trade union, or the Health & Safety Executive. Where HSE identifies employers who are not taking action to comply with the relevant PHE guidance to control public health risks they will consider taking a range of enforcement action. The Government recently announced an additional £14 million of funding for HSE to support this work.

We are in close contact with Boeing as well as key UK suppliers. Boeing has confirmed that their decision to temporarily suspend 737 production is the least disruptive to the long-term health of their production system and supply chain. Due to the diversification of the UK supplier base, we would not anticipate this stop in production to have a significant impact on the UK aerospace industry overall but will consider the potential impact on individual companies. Boeing is working with its suppliers in the UK to minimise operational disruption and provide as much certainty as possible. We will continue to maintain close dialogue with Boeing and suppliers to monitor the situation as they continue to assess the appropriate duration of the suspension.

The Department has not made any assessment on the potential effect on collective bargaining agreements or local employment at Teesport.

The level of funding provided for operating, maintaining and renewing the railway is set ahead of each Railway Control Period through the Statement of Funds Available (SoFA) in line with the High-Level Output Specification (HLOS), which is a statement of what the Secretary of State for Transport wants to be achieved by railway activities during that control period. As noted in the Statement of Funds Available 2017, Government ensures that adequate funding is provided to meet NR’s debt obligations, out-with the SoFA process.

The procurement of rolling stock for High Speed 2 requires Tenderers to submit a statement (their “Legacy Statement”) which will outline how the Tenderer’s proposal will add value to the UK economy, and how they will contribute to the delivery of the HS2 Programme Benefits. The Legacy Statement does not form any part of the evaluation of Tenders. HS2 Ltd will only open the Legacy Statement of the Tenderer selected for Contract Award.

The Government established the Williams Rail Review to develop recommendations for the most appropriate organisational and commercial frameworks to deliver the Government’s vision of a world-class railway that prioritises the interests of customers and taxpayers. The Government has not constrained the Rail Review from considering Network Rail debt. A White Paper based on the Williams Rail Review’s recommendations will be published in early 2020.

Network Rail’s inventory of sleepers has been increased over the last 12 months to a position where it has guaranteed supply to meet predicted demand until the end of 2023. Network Rail are currently developing options to secure supply beyond that date.

The timing of any future Discretionary Rejection Panels that the Department holds will be based on the specifics of the franchise in question

The Department is considering options for the next Cross Country franchise. One such option is the issue of a further Direct Award to Arriva; subject to contract and successful negotiation.

A further announcement is expected later this year.

We have made no formal assessment of the Campaign for Better Transport report. However, the Department has pledged to begin reopening closed railway lines and stations and are confident that this will help railways across the country. More details on this policy will follow in due course.

As reported in their Annual Report and Accounts 2019, Network Rail has £54.1bn of historical debt, of which £30.6bn has resulted from loan funding from the Department for Transport over the course of Railway Control Period 5.

Network Rail have been restricted from raising any further commercial debt since they were reclassified to the public sector in 2014. Since the start of Railway Control Period 6 in April 2019, the Department has chosen to provide funding for operating, maintaining and enhancing the railway through grant rather than loan funding. The level of debt is therefore not expected to rise from its current level.

As reported in their Annual Report and Accounts 2019, Network Rail has £54.1bn of historical debt, of which £30.6bn has resulted from loan funding from the Department for Transport over the course of Railway Control Period 5.

Network Rail have been restricted from raising any further commercial debt since they were reclassified to the public sector in 2014. Since the start of Railway Control Period 6 in April 2019, the Department has chosen to provide funding for operating, maintaining and enhancing the railway through grant rather than loan funding. The level of debt is therefore not expected to rise from its current level.

The latest financial ratios received by South Western Railway on 17^th January 2020 confirmed that they were fully compliant with the relevant financial ratio requirements of its Franchise Agreement.

No specific assessment on rolling stock compliance has been made regarding the effect of re-scheduling the franchise competitions. We continue to push the rail industry for continuous improvement to deliver accessible journeys, and an accessible fleet is planned to be in place on the East Midlands franchise from December 2020.

Stagecoach were informed on 27 March 2018 explaining that the Department was going to convene a Discretionary Rejection panel (the passport review panel) in anticipation of a termination event.

The Department can confirm that South Western Railway was fully compliant with the relevant financial ratio requirements of its Franchise Agreement based on the financial performance data received on 20 December 2019.

The criteria under which the Department may undertake a review of any prequalification Passport is clearly set out in the Passport documentation, which is publicly available:

https://www.gov.uk/government/publications/rail-franchising-pqq-passport-documentation

Should these criteria be met for any current operator, the Department would initiate a review.

As part of considerations for the future of the franchise, the Department is engaged with the incumbent operator in commercially confidential discussions in order to secure the best prices available for all train leases for the existing train fleet, which includes the Class 802’s.

There are a variety of reasons for the fall in bus patronage. This includes congestion, affecting bus service reliability and punctuality, which industry leaders have remarked upon publicly last week as one of the key issues impacting on bus patronage. That is why the Department’s ‘A Better Deal for Bus Users’ published recently stated that all new road investments receiving central UK government funding will be required to either support bus priority measures to improve bus journey times and reliability or explain why doing so would not be necessary or appropriate in that instance. All future funding bids will need to explicitly address this issue.

In addition, the Bus Services Act 2017 provides the tools local authorities in England need such as Enhanced Partnerships and Franchising to improve local bus services. From 2020, a number of measures such as Bus Open Data powers, and the commitments in the Better Deal for Bus Users, will help increase passenger numbers and help passengers secure best value tickets.

Official statistics for fatalities on the mainline railway network in Great Britain are published by the Office of Rail and Road (ORR), using information from the Rail Safety and Standards Board (RSSB).

The latest statistics (for years up to 2018-19) are published on the ORR website at:

https://dataportal.orr.gov.uk/statistics/health-and-safety/rail-safety/

Statistics for fatalities and suicides from 2009-10 to 2018-19 are included in Table 1 below, separated by suicides and non-suicide fatalities.

Table 1: Number of mainline railway fatalities: 2009-10 to 2018-19

These figures include passenger fatalities, public fatalities (including trespassers, level crossing users and suicides) and workforce fatalities. Workforce includes all fatalities that occurred whilst working for the railway, including those that did not happen on the rail network (for instance, whilst travelling via road from one work station to another).

The Enforcement Management Model (EMM) review of the classification of Covid-19 is largely completed and is currently subject to internal assurance and clearance processes. We will update the Health and Safety Executive website in due course.

The Health and Safety Executive’s (HSE) Enforcement Management Model (EMM) provides a framework within which to ensure consistent enforcement decisions are made and which can be applied to all workplace risks, whether safety or health related. It does not provide specific guidance on the application of the EMM to every workplace risk, including the classification of every workplace disease or illness caused by work, as it would be impracticable to do so. Instead, HSE’s Inspectors are expected to use their professional judgement when applying the EMM to the particular circumstances that they come across and to seek specialist advice where needed. For example, advice may be sought from one of HSE’s occupational hygienist specialist inspectors when considering the health effect of exposure to a particular hazardous substance.

Where guidance does exist, reviews of EMM classifications are not instigated by the Chief Executive but as a result of regular guidance reviews and the outcome of research e.g. the Workplace Health Expert Committee endorsed the reclassification of mild steel welding fumes as a human carcinogen following evidence that exposure to welding fumes is associated with an increase in developing lung cancer. As a consequence, HSE changed the classification of the likely health outcome when considering the working population as a whole from “significant” to “serious”.

In relation to COVID-19, as this was a novel workplace risk, guidance was produced for HSE’s inspectors at the start of the pandemic; including in relation to the most likely health effect of someone being exposed to the virus when considering the working population as a whole i.e. ignoring an individual’s susceptibility to the disease. This guidance was reviewed last November and a technical paper, explaining the classification is available on HSE’s website at the following link https://www.hse.gov.uk/coronavirus/assets/docs/proportionality-hse-enforcement-decisions-covid19-pandemic.pdf.

The Health and Safety Executive’s (HSE) Enforcement Management Model (EMM) provides a framework within which to ensure consistent enforcement decisions are made and which can be applied to all workplace risks, whether safety or health related. It does not provide specific guidance on the application of the EMM to every workplace risk, including the classification of every workplace disease or illness caused by work, as it would be impracticable to do so. Instead, HSE’s Inspectors are expected to use their professional judgement when applying the EMM to the particular circumstances that they come across and to seek specialist advice where needed. For example, advice may be sought from one of HSE’s occupational hygienist specialist inspectors when considering the health effect of exposure to a particular hazardous substance.

Where guidance does exist, reviews of EMM classifications are not instigated by the Chief Executive but as a result of regular guidance reviews and the outcome of research e.g. the Workplace Health Expert Committee endorsed the reclassification of mild steel welding fumes as a human carcinogen following evidence that exposure to welding fumes is associated with an increase in developing lung cancer. As a consequence, HSE changed the classification of the likely health outcome when considering the working population as a whole from “significant” to “serious”.

In relation to COVID-19, as this was a novel workplace risk, guidance was produced for HSE’s inspectors at the start of the pandemic; including in relation to the most likely health effect of someone being exposed to the virus when considering the working population as a whole i.e. ignoring an individual’s susceptibility to the disease. This guidance was reviewed last November and a technical paper, explaining the classification is available on HSE’s website at the following link https://www.hse.gov.uk/coronavirus/assets/docs/proportionality-hse-enforcement-decisions-covid19-pandemic.pdf.

During her appearance before the Work and Pensions Select Committee, on Wednesday 17 March, the Chief of Executive of the Health and Safety Executive (HSE) noted a number of items of feedback were provided to senior leaders of the Field Operations Division (FOD) of HSE, by members of the Prospect Trade Union via their Branch Council representative. The comments represented a mixture of issues and views, including in respect of the Enforcement Management Model (EMM) and its application to COVID-19. Individual responses were not provided to the comments raised. Instead, one response was put together with the aim of:

• correcting any misunderstandings as regards the policy position, concerning the application of the EMM to COVID-19;

• reminding Inspectors of previously issued internal guidance on the matter and;

• providing clarity as regards the unchanging support, for the use of Inspector discretion, should individual Inspectors come to a decision that a Prohibition Notice should be served to control an immediate risk associated with COVID-19.

The response referred to above was part of a wider internal communication, to HSE inspectors, aimed at providing support and reminding inspectors of the routes available to deal with specific regulatory challenges. It was shared with Trade Union representatives before it was shared with HSE inspectors.

These PQs were answered on 16 March (164496) and 18 March (160680, 163701).

The Health and Safety at Work etc Act 1974 applies to ports and guidance on how to manage the main causes of injury and ill health in those settings is published by the Health and Safety Executive (HSE) at Health and safety in ports and docks - HSE. Freeports across Great Britain, when established as secure customs zones will not be treated any differently from other ports from a health and safety perspective.

Risks associated with warehousing operations, moving vehicles, lifting operations or storage of hazardous substances are examples of the areas that freeport operators, whether state or private enterprise, will be required to effectively plan for and control.

At the start of the Covid-19 pandemic, in common with a number of organisations in the public sector, HSE switched its Board meetings to a virtual format. Due to limitations of the technology used, it was not possible for any of these meetings to be open and therefore all board meetings since March 2020 have been closed.

Whilst the HSE Board is firmly committed to engaging with stakeholders in an open and transparent way, the format of this is subject to review and therefore, at the present time, no future open meeting dates have been set.

At HSE’s Board meeting on 23^rd of February 2021 the HSE Board was assured that operational colleagues routinely review classifications under the Enforcement Management Model (EMM) to ensure they reflect the latest scientific evidence, and that the approach HSE has taken to the classification of Covid-19 is consistent with that. The classification of Covid-19 will be reviewed in future as part of that routine process.

Earlier Questions were related to how the Health and Safety Executive (HSE) has used its Enforcement Management Model (EMM) to support proportionate decision-making by its inspectors in the pandemic. HSE reviewed evidence about that proportionality in November 2020 and the paper setting out the evidence, including the technical annex containing the data considered in the review, is on HSE’s website here.

On 18 February 2021, the Government announced that the National Institute for Health Research (NIHR) and UK Research Innovation (UKRI) had been awarded £18.5 million in funding for four research projects to help understand and address the longer-term health effects of COVID-19 in non-hospitalised patients.

As research into the long-term health symptoms and impacts of COVID-19 is ongoing, we are collaborating across Government to monitor emerging evidence and consider our response.

The answer to question 155053 emphasised the importance to the Health and Safety Executive (HSE) in making proportionate regulatory decisions in the pandemic when considering the impact on the working age population as a whole. The working population includes anyone in legal employment. Workers above the legal working age and below state pension age account for the overwhelming majority of those in legal employment. To inform decisions about proportionate regulation, HSE statisticians have drawn on eleven data sets to give an overview of the impact on the working population. The age-differentiated data is categorised to identify people between legal working age and state pension age.

The Health and Safety Executive (HSE) rightly takes the risk of Covid-19 in the work place seriously. HSE inspectors will take any necessary actions to ensure compliance whenever they find employers who are not meeting the Government’s COVID-19 secure standards.

HSE’s Enforcement Management Model (EMM) provides a framework structure supporting consistent, sensible and proportionate decision making across a very wide range of health and safety at work risks. Regulators are expected to use their knowledge and experience as well as technical guidance to identify the categories that best fit the situation they are dealing with.

EMM Table 1 describes general consequence categories of “serious,” “significant,’ and “minor” injuries and health effects, for the purposes of applying the model to guide enforcement action in relation to breaches of health and safety law. This is a tool to guide proportionate enforcement outcomes so that businesses and other dutyholders are dealt with fairly and consistently.

EMM Table 1 states that a serious health effect is one which is “credible” will cause “a permanent, progressive or irreversible condition,” or be “permanently disabling, leading to a lifelong restriction of work capability or a major reduction in quality of life.”

For the purposes of this model, the general harm category for any given health risk is determined by the most credible (or most likely) health outcome, rather than the most serious outcome which may result.

Therefore, according to the model, the “credible outcome” for a worker’s health means the most likely health outcome when considering the working age population as a whole.

It should be remembered that the EMM is simply a model and does not restrict HSE’s inspectors from taking, where appropriate, the necessary enforcement action, including notices, to ensure that workplaces are COVID secure.

The questions were answered on 26 February and can be found at: 155052 and 155053.

The category labels “serious” and “significant” are used within the Health and Safety Executive’s (HSE) Enforcement Management Model (EMM). The EMM supports inspectors in considering enforcement options requiring improvements in workplaces but is not relevant to the use of prohibition powers. HSE has not therefore issued instructions to inspectors about the use of EMM in relation to their use of prohibition notices.

HSE takes Covid-19 safety at work very seriously and it is playing a critical role in the national response to the pandemic. The Government has provided additional funding of £14 million to HSE to strengthen its capacity to tackle Covid-19.

Since the start of the pandemic HSE has carried over 127,000 COVID-19 spot checks and responded to over 19,000 concerns. Over 700 checks a day are currently taking place. Spot checks have been targeted in those industries where workers are most likely to be vulnerable to transmission risks.

HSE’s evidence is that more than 90% of the businesses checked have the right precautions in place or are willing to make necessary changes promptly and without the need for enforcement notices. HSE will continue to take enforcement action where appropriate, but the best use of its time and resource to ensure employers take the right action promptly is often to educate, persuade or require matters to be put right immediately.

The answer to question 147867 provided the definition of one category label used in the Health and Safety Executive’s (HSE) Enforcement Management Model (EMM). This question omits a very important part of that definition, namely that the characterisation refers to the likely response of the working population as a whole, not taking account of individuals with a particular resistance or susceptibility. I have nothing to add to my previous response to question 147867, which provided the complete definition.

HSE takes Covid-19 safety at work very seriously and it is playing a critical role in the national response to the pandemic. The Government has provided additional funding of £14 million to HSE to strengthen its capacity to tackle Covid-19.

Since the start of the pandemic HSE has carried over 127,000 Coivd-19 spot checks and responded to over 19,000 concerns. Over 700 checks a day are currently taking place. Spot checks have been targeted in those industries where workers are most likely to be vulnerable to transmission risks.

HSE’s evidence is that more than 90% of the businesses checked have the right precautions in place or are willing to make necessary changes promptly and without the need for enforcement notices. HSE will continue to take enforcement action where appropriate, but the best use of its time and resource to ensure employers take the right action promptly is often to educate, persuade or require matters to be put right immediately.

HSE has to date issued two prohibition notices for breaches of workplace COVID-secure standards, both in the oil and gas industry (part of the extractive utilities sector).

A further 223 COVID-19 related interventions have resulted in improvement notices, 1,512 in written correspondence and 6790 in verbal advice.

The answer to question 147867 outlined how the category label “serious” is used in the context of the Health and Safety Executive’s (HSE) Enforcement Management Model (EMM). There are currently no plans to change guidance to inspectors about how they use any category in the model. HSE continues to keep the evidence under review and will make changes if the evidence requires.

HSE takes Covid-19 safety at work very seriously and it is playing a critical role in the national response to the pandemic. The Government has provided additional funding of £14 million to HSE to strengthen its capacity to tackle Covid-19.

Since the start of the pandemic HSE has carried over 127,000 Coivd-19 spot checks and responded to over 19,000 concerns. Over 700 checks a day are currently taking place. Spot checks have been targeted in those industries where workers are most likely to be vulnerable to transmission risks.

HSE’s evidence is that more than 90% of the businesses checked have the right precautions in place or are willing to make necessary changes promptly and without the need for enforcement notices. HSE will continue to take enforcement action where appropriate, but the best use of its time and resource to ensure employers take the right action promptly is often to educate, persuade or require matters to be put right immediately.

HSE has to date issued two prohibition notices for breaches of workplace COVID-secure standards, both in the oil and gas industry (part of the extractive utilities sector).

A further 223 COVID-19 related interventions have resulted in improvement notices, 1,512 in written correspondence and 6790 in verbal advice.

HSE has decided the category ‘significant’ in the EMM table best supports inspectors in making sensible, proportionate regulatory decisions. The definition is that the effects are non-permanent or reversible, non-progressive and any disability is temporary. This definition refers to the likely response of the working population as a whole, not taking account of individuals with a particular resistance or susceptibility.

Please see attached spreadsheet detailing HSE staff in each division and region from 2007/08 to 2019/20 and note the following:

1. Figures provided are for full-time equivalent (FTE) staff (rounded to nearest whole number) on 31st March for each year, as published in HSE’s Annual Report and Accounts, with further analysis by division and region.
2. Figures provided do not include staff from the Office for Nuclear Regulation (ONR) which became an independent statutory public corporation on 1 April 2014.
3. HSE is a national regulator and regulatory effort is not necessarily confined by geographical region. HSE has specialists who work across geographical regions such as those regulating major hazard sectors.

The Leadership Council was originally formed to provide an opportunity for senior business leaders to drive implementation of the core standards from the Stevenson / Farmer review. It is an independently-chaired body. As membership is reviewed and evolves there may be scope to consider additional representatives.

Since its inaugural meeting on 17 January 2019, The Thriving at Work Leadership Council has met on the 24th April 2019, 24th June 2019 and 28th January 2020.

The next meeting is to be held on 26th June 2020 which will discuss Mental Health at Work during COVID-19.

I apologise for the delay and refer the hon. Member to the answer I gave on 17 June 2020 to questions 55997, 55998 and 55999.

I apologise for the delay and refer the hon. Member to my responses to questions 49012/49013 answered on 1st July and question 52074 answered on 7th July.

The additional £14m funding for the Health and Safety Executive (HSE) is available until March 2021. HSE is developing a rolling programme of activity building on the way it has already tackled approximately 6000 Covid-19 related concerns and will draw down funds throughout the year to bring in additional inspectors, call centre staff and equipment. It is therefore not possible to give set totals at this stage.

The additional £14m funding for the Health and Safety Executive (HSE) is available until March 2021. HSE is developing a rolling programme of activity building on the way it has already tackled approximately 6000 Covid-19 related concerns and will draw down funds throughout the year to bring in additional inspectors, call centre staff and equipment. It is therefore not possible to give set totals at this stage.

The additional £14m funding for the Health and Safety Executive (HSE) is available until March 2021. HSE is developing a rolling programme of activity building on the way it has already tackled approximately 6000 Covid-19 related concerns and will draw down funds throughout the year to bring in additional inspectors, call centre staff and equipment. It is therefore not possible to give set totals at this stage.

HSE is currently promoting the latest guidance and Covid-secure risk assessments to help protect workers from Covid-19. This includes communicating with trade unions, employers, stakeholders and partners.

Activity includes working with national and regional media, promoting HSE’s website and microsites through digital marketing and social media activity, running as series of webinars and sending direct marketing ebulletins and emails. This links to continually updated guidance, toolkits and useable assets such as posters and videos on the HSE website and gov.uk to increase HSE’s reach and engagement with its audiences, including the general public.

Up to date guidance is available on the gov.uk and HSE web sites and can be found at:

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

or

https://www.hse.gov.uk/news/coronavirus.htm?utm_source=hse.gov.uk&utm_medium=refferal&utm_campaign=coronavirus&utm_content=home-page-banner

The funding up to a maximum of £14.19m has been made available to the Health and Safety Executive by HM Treasury until 31 March 2021

An additional sum of up to £14 million has been made available to the Health and Safety Executive (HSE) to support their advice and regulatory activities, such as extra call centre employees, inspectors and equipment. HSE is currently developing plans and as more businesses return to work, it has begun carrying out proactive checks to ensure that appropriate measures are in place to protect workers from COVID-19.

An additional sum of up to £14 million has been made available to the Health and Safety Executive (HSE) to support their advice and regulatory activities, such as extra call centre employees, inspectors and equipment. HSE is currently developing plans and as more businesses return to work, it has begun carrying out proactive checks to ensure that appropriate measures are in place to protect workers from COVID-19.

An additional sum of up to £14 million has been made available to the Health and Safety Executive (HSE) to support their advice and regulatory activities, such as extra call centre employees, inspectors and equipment. HSE is currently developing plans and as more businesses return to work, it has begun carrying out proactive checks to ensure that appropriate measures are in place to protect workers from COVID-19.

The Health and Safety Executive (HSE) is playing a crucial role in the Government’s response to Covid-19, including communicating with trade unions, employers and stakeholders to help ensure workplaces are safe environments. This also includes communicating through press and social media channels to increase engagement and awareness with our audiences including the general public.

Following the Government’s announcement and the publication of guidance by the Department for Business Energy and Industrial Strategy on 11th May 2020 on working safely during the coronavirus pandemic, HSE is currently promoting this guidance and developing further plans to communicate to protect workers from Covid-19.

Up to date guidance is available on the GOV.UK and HSE web sites and can be found at:

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

or

https://www.hse.gov.uk/news/coronavirus.htm?utm_source=hse.gov.uk&utm_medium=refferal&utm_campaign=coronavirus&utm_content=home-page-banner

Health and Safety Executive (HSE) carries out a range of regulatory activities including proactive inspections and reactive work. This involves investigating any workplace related concerns, major injuries as well as possible work related fatalities.

The attached document provides tables, which give more detailed breakdown of inspections asked. HSE works to ensure employers and those in control of workplaces are complying with their legal duties to manage health and safety risks.

Health and Safety Executive (HSE) carries out a range of regulatory activities including proactive inspections and reactive work. This involves investigating any workplace related concerns, major injuries as well as possible work related fatalities.

The attached document provides tables, which give more detailed breakdown of inspections asked. HSE works to ensure employers and those in control of workplaces are complying with their legal duties to manage health and safety risks.