General Matters

Kate Green Excerpts

Tuesday 18th September 2012 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

I am grateful to the Backbench Business Committee for facilitating today’s debate.

Six years ago, in August 2006, Luke Molnar, the 17-year-old son of my constituents Gill and Steve Molnar, died on the island of Tokoriki. Luke was a paying volunteer on a diving expedition arranged by a UK-based company, Coral Cay Conservation Ltd. On the day of his death, he went to assist a friend who had received an electric shock when he touched a washing line. When Luke touched the line, he received a massive electric shock which killed him.

It transpired that a local electrician had wired the washing line to the electricity supply in order to run power to a number of huts that were being used as accommodation for the volunteers. A coroner’s inquest held in Manchester in 2011 returned a verdict of unlawful killing and the electrician awaits trial in Fiji, but no proceedings have been taken against Coral Cay or its then directors. The company has since been taken over, and is under new ownership.

At Luke’s inquest, the coroner identified significant shortcomings in Coral Cay’s health and safety procedures, and highlighted the discrepancy between the claims made in documents and on its website with regard to the emphasis that it placed on health and safety and its actual practice. The coroner also noted that Mr and Mrs Molnar had placed great credence in Coral Cay’s claims about its approach to health and safety: that full and careful health and safety checks were carried out; that personnel on site were fully trained; and that there would be a full risk assessment of the site. None of that turned out to be the case.

Following the inquest, the coroner wrote to the Secretary of State for Business, Innovation and Skills under rule 43 of the coroners rules, setting out his view that the regulation of companies offering such trips abroad, particularly for young people, should be carefully and closely monitored to ensure that the claims made in their literature and on websites were lived up to. I was very pleased when the then Minister, the right hon. Member for Kingston and Surbiton (Mr Davey), met Mr and Mrs Molnar with me last September to discuss how that might work. It was broadly agreed at that meeting that the best way forward would be to work with the British Standards Institution to determine whether British Standard 8848—which covers such overseas activities and which is strongly supported by the Molnars as representing a gold standard—could be made more robust, whether approval processes for the standard could be strengthened, and whether a certification scheme could be put in place.

As a result, the Molnars and I have had useful discussions with BSI officers about the processes that exist. The conclusion that we have drawn is that there is currently a deeply confusing plethora of organisations, companies and standards. As a result, parents cannot rely on claims made by overseas adventure companies that their activities have been objectively assessed to comply with rigorous safety standards. Put simply, parents do not know what they can believe.

I have to say that the matter was not much helped by a parliamentary written answer I received on 22 May 2012 from the then Minister for Schools, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb). His response served to paint a picture of real confusion about the appropriate role of the Health and Safety Executive, the learning outside the classroom regime, BS 8848 and a range of organisations that purport to assess whether safety standards are being met. Some of those organisations doubtless do an excellent job, but the overall landscape is a minefield for parents desperate to be assured that their children will be safe.

Let me repeat that the Molnars and I strongly support BS 8848, which covers overseas activities. We also acknowledge the role that the learning outside the classroom regime plays, but I suggest to Ministers that its purpose is, in fact, different: although it purports to cover safety aspects of overseas activities, it is primarily a learning-focused, rather than a safety-focused, standard, and many providers and schools prefer BS 8848 for these activities as a result. As for the HSE, I am surprised that in that written answer the then Minister suggested that the work it is doing to develop a code of practice to replace the Adventure Activities Licensing Authority was a potential solution. The HSE has no jurisdiction overseas—and, in any case, I understand that that work is on hold.

I ask Ministers to consider more carefully how to promote the adoption of BS 8848 as the industry standard with which all overseas providers will be expected to comply, and also to consider, along with the BSI and as part of the five-year review of the standard now in progress, whether that standard could, and should, be extended to UK activities as well. I also invite Ministers to support the establishment of an independent register so that parents can be absolutely clear about whether an organisation’s claims to meet health and safety standards are merely self-declared or have been independently evaluated. I would like to see the elimination of duplication between the different accreditation systems, including the learning outside the classroom regime, BS 8848 and whatever eventually replaces the AALA, and clarity about their different purposes and roles. I would also like to see action to simplify and strengthen oversight regimes, so that independent evaluation and accreditation is put in place.

No one, least of all the Molnars, whose son was a keen and excellent diver, wants to stifle or prevent young people from participating in adventure activities overseas. No one wants to create a complicated bureaucratic structure that prices companies out of compliance, and no one can want one single further avoidable death. It is abundantly clear that the current system is confused and deficient, and Ministers have a responsibility to ensure that a regime that is fit for purpose is put in place. I passionately ask the Deputy Leader of the House to do all he can to secure a meaningful response from his colleagues in all relevant Departments on the steps they will take now to ensure that that is what will be achieved.