Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, with reference to the Health and Safety Executive’s operational database, for what reason the Health and Safety Executive had not brought a prosecution against an employer for breach of covid-19 workplace regulations as at 16 February 2021.

HSE has published an Enforcement Policy Statement which sets out the general principles and approach to enforcement and is available here.

In England & Wales, the decision to prosecute is made by the Health and Safety Executive (HSE) and in Scotland by the Crown Office and the Procurator Fiscal Service. HSE follows the Code for Crown Prosecutors and in order for a prosecution to go ahead there needs to be sufficient evidence to provide a realistic prospect of conviction and that the prosecution is in the public interest.

HSE will always act in the public interest and look to pursue cases where there is sufficient evidence to take action, and it is in the public interest to look to secure a prosecution.