Construction Companies (Fatal Accidents)

Lindsay Hoyle Excerpts

Wednesday 23rd March 2016 Commons Chamber

[Mr Hepburn]

I do recognise that description. It is the work of academics and trade unions that has brought about tonight’s debate. They are bringing these shortcomings to our notice.

There can be few worse experiences for a family than to lose a father, husband or son who has gone to work normally, like we all do, but, unlike the rest of us, has never come home. Even if a prosecution is mounted by the HSE, the agony of the bereaved family does not stop there. The delays between construction accidents occurring, then prosecution and conviction are excruciating. The problem is getting worse, not better. Families are being forced to put their lives on hold for years and years, with no hope of closure until they see those responsible for the death of their loved one brought to justice. Justice delayed is nearly as great a failure as justice denied.

In 2005, the average time between the death of a worker and a prosecution, was over two years. Ten years later, it has increased to two-and-a-half years. I must stress that these are averages, so the worst cases are a lot worse. The HSE has admitted that in 15% of cases prosecution does not even begin for three to four years. Beginning the prosecution, however, is just the beginning of the judicial process. There are many further stages that need to be completed before a conviction is achieved. In 2006-07, the average delay between a fatal accident and a conviction was 985 days. That was bad enough, but the latest figures are so much worse. In 2014-15, the average time between a fatal accident and a conviction in construction was now 1,267 days—or three-and-a-half years. I need to stress again that that figure is just an average. Delays in justice can be a lot longer.

Last week, Falcon Crane Hire was fined £750,000 following the collapse of one of its cranes in Battersea, which lead to the deaths of Jonathon Cloke, the crane driver, and Michael Alexa, a member of the public. That accident occurred in September 2006. It took nine-and-a-half years for justice to be done—nine-and-a-half years for the families of the victims of that accident to witness justice. I am sure the House agrees that nine-and-a-half years is far too long.

The Battersea crane accident might be the case with the longest delay, but it is not unique. I can give other examples. There are other ongoing cases where delays are highly significant. In January 2011, in the worst single accident for many years, Daniel Hazelton, Tom Hazelton, Adam Taylor and Peter Johnson were killed in a construction accident in Great Yarmouth. In February this year, over five years after the deaths of these workers, the case was finally referred to the magistrates courts. The eventual conviction of those concerned is still to come.

Given these agonisingly long delays, attention needs to turn to what the HSE’s response has been to the concerns that I and the Union of Construction, Allied Trades and Technicians, of which I am a proud member, have raised—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. If there is a case before the courts, we should not comment on it. We really ought to be aware that we do not want to put the House in the position of seeming to prejudge an individual case.

[Mr Hepburn]

Thank you for that advice, Mr Deputy Speaker.

UCATT and I have raised concerns about the delays in prosecutions and convictions. In response, the HSE says that the delays are due to other bodies and agencies, such as the police, the coroners courts and even the justice system itself, especially if the matter is referred to the Crown Court. In other words, the HSE is saying it is not its fault.

Well, this House and the families of the victims of construction workers deserve to know exactly who is to blame. The one group certainly not to blame is the victims and their families who are being treated in such an abominable manner. It is time for the HSE to stop passing the buck and blaming others. These are straightforward cases where a worker has died. They are not major inquiries into a war, or how the Government covered up their failures following Hillsborough. They should not take this long. These cases are straightforward. If these problems are to be laid at the door of the HSE, we need to know whether they are a result of the 35% real-terms grant cuts the organisation has suffered over the last five years, as was mentioned earlier.

At the start of my contribution, I said how important it was that the HSE had a high profile in order to discourage the breaking of safety laws in construction. There is another area where its performance has been found wanting. A freedom of information request by UCATT has revealed that since 2012-13, as the hon. Member for Strangford (Jim Shannon) mentioned, the number of unannounced inspections made in the construction industry in the UK has declined by 8.7%. This decline occurred at a time when the industry was expanding and the number of sites in operation was increasing, following years of decline owing to the recession and Government cuts.

Within that overall decline were some truly shocking figures: the number of inspections in Scotland has dropped by 55%; in my region of the north-east, the number is down by 28.5%; in the north-west, the figures have declined by nearly a third; and in the south-east, where construction is booming, the number is down by 19%.