Gleision Mine

Debate between David Anderson and Mark Harper

Wednesday 26th November 2014 Westminster Hall

[Mr Harper]

As I said, I have not seen the report and I do not know what it will say. The mines inspectorate will use its professional expertise to set out the evidence from the thorough site investigation that took place, but it cannot rerun the trial. For example, it is not disputed that the water was there at the time of the incident; what was disputed in court was whether the water was there all the time. The right hon. Member for Neath mentioned that there was a debate about the mine manager giving evidence that he had inspected the old workings. The HSE will not be able to settle questions that were dealt with at the trial and on which a conclusion could not be reached. That is all I am saying. It will endeavour, with the best of its professional judgment, to set out the evidence—what was found from the investigation. I have not seen the report and I do not know what it will say. It is in process.

My final point about the report is on timing. The report will be published in the new year—early in the new year, I hope—and, as I said, it will be published for everyone to see. I hope it will set out some lessons that can be learned from this tragedy.

[Mr Anderson]

I thank the Minister for giving way again —he has been very generous. The crux of why we are here today is that, if this was a one-off and had never happened before, we would probably feel a lot more comfortable, but as I said, it was not a one-off and had happened previously. My right hon. Friend the Member for Neath (Mr Hain) mentioned the 1979 regulations that were supposed to address the issue. It is all right saying, “Let’s learn the lessons.” A lesson learned is no use unless it is then applied. Our worry—hopefully this can be tightened up in the report if the HSE decides to do that—is ensuring that things like this, as far as is humanly possible, do not happen again. If, as has been said, the gentleman went in, did the investigation and found that there was no water, that should have raised concerns, because where had the water gone? That should have been followed up. The worry that Opposition Members have is that such an incident could happen again through things just generally not being tight enough.

[Mr Harper]

The hon. Gentleman makes a helpful point, because I was going to move on to the work that has been done to bring forward shortly new mine safety legislation that ensures clear duties on the operators of mines to manage the risks. That work was instigated independently of the Gleision accident, and it arose from the independent review of health and safety legislation by Professor Löfstedt, which reported in November 2011. We have taken into account what happened in the Gleision incident as we have developed the new law.

The current law governing safety in mines comprises more than 40 pieces of legislation, some of which date back as far as 1954. As the right hon. Gentleman has said, the coal industry is vastly different today. In addition to the huge changes in the coal sector, there has been a big shift in the wider health and safety framework, and the old mine safety legislation needs to be reviewed. The Health and Safety Executive has undertaken a review of that legislation over the past two years, and new mines regulations will be introduced in April next year. They will consolidate the key requirements for the control of risks that are, as the right hon. Gentleman has said, inherent in underground mining. That will include managing the risk of water inrushes, which was clearly the major issue at Gleision. Mine operators will remain legally bound to determine whether there is water around workings and to assess the risk of that water causing harm to mine workers.

The new regulations will place duties, for the first time, on the mine operator rather than, as at present, on the mine manager. They will also require the other principal risks in mining to be controlled. They will place clear and simple requirements on operators to ensure that adequate rescue arrangements are made. The current requirement for coal mines to belong to an approved scheme will not be carried forward. The right hon. Gentleman mentioned that scheme, which was designed and introduced when there were 65 coal mines in operation, all of which contributed fees to fund the scheme and resources as part of their commitment to mutual assistance. There are now an insufficient number of mines to fund those arrangements. I looked into the matter in detail, not only now but as a result of experience in my constituency. Mine operators will be under a new duty to ensure that, if the rescue of workers is required in any foreseeable scenario, rescue arrangements will be available and workable. Coal mines will be required to make their own arrangements for rescue provision, tailored to the risks in each particular mine. Mine operators can use whatever third-party services may be appropriate to those risks. The HSE’s mines inspectors have a programme of interventions, between now and the entry into force of the new regulations, to check the arrangements that mines will have in place from April.

The current law is riddled with requirements to notify or otherwise seek the permission of the regulator before undertaking certain activities. It is not the regulator’s role to oversee day-to-day operations in such a way. Regulation of other major hazard industries successfully requires duty holders to demonstrate that their risk assessments and their control systems are in place and, importantly, robust, so that they can adequately manage risk to protect their employees and the wider community. The new regulations will take a similar approach in the mining sector. HSE inspectors are talking to mine operators and trade unions in the period leading up to the introduction of the new regulations to ensure that they are clear about how they will implement and comply with the regulations.

The new regulations will retain all the key controls over the hazards that are, as the Gleision tragedy and the right hon. Gentleman have reminded us, involved in mining, but they will deliver a modern, risk-based regime that will drive mine operators continuously to improve the management of the risks involved in mining. Tragedies such as the one he has powerfully described show us why we should never be complacent. We must try to prevent such incidents from happening again.

The hon. Member for Wansbeck raised the question of the inquests. My understanding is that they have not been restarted following the trial, and no formal notification has been made to the HSE that they have been closed. I will contact colleagues at the Ministry of Justice and make inquiries about the plan for those inquests—I will ask whether they will be restarted or formally concluded. I will write to the right hon. Member for Neath and, with his permission, to the two other hon. Members who are present, to set out the position.