Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, if he will take steps with the Health and Safety Executive to review the level of criminal penalties and enforcement mechanisms for illegal gas work; and if the Health and Safety Executive will issue guidance to police on prioritising such cases.

The Health and Safety Executive (HSE) is responsible for the Gas Safety (Installation and Use) Regulations 1998 (GSIUR) which address the safe installation, maintenance, and use of gas systems, in commercial and domestic premises. These regulations require that no employer or self-employed person shall carry out gas work without Gas Safe Registration. HSE and Local Authorities regulate this through enforcement powers set under the Health and Safety at Work Act 1974.  Enforcement powers available to regulators include prosecution, prohibition notices and improvement notices.

HSE will apply the principles laid down in the Enforcement Policy Statement (EPS), Enforcement Management Model (EMM) and internal gas procedures to ensure that enforcement action is proportional to the health and safety risks and the seriousness of the breach.

HSE cannot review the level of criminal penalties for illegal gas cases. The Health and Safety Sentencing Guidelines are set by the Sentencing Council.  HSE and Local Authorities are the enforcing authorities under GSIUR and the police investigate homicide cases. Where a person dies because of illegal and/or poor-quality gas work; the police must decide whether a manslaughter offence has been committed, the priority given to the case is a matter for the investigating police force. Guidance is in place to support the HSE and police in the event of a fatal gas incident though the Work-Related Death Protocol.