Working at Height: Safety

Chris Stephens Excerpts

Thursday 2nd May 2019 Westminster Hall

[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to see you in the Chair, Mr McCabe. When I saw your good self and the Minister sat there, I thought that I was in a Select Committee. I was ready to ask him impertinent questions—

[Guy Opperman]

The hon. Gentleman is never impertinent.

[Chris Stephens]

I will perhaps have to quote the Minister’s comment back at him during a future inquiry.

I congratulate my constituency neighbour, my hon. Friend the Member for Glasgow Central (Alison Thewliss), on all her work on working at height, which is particularly prevalent in sectors such as construction. I come from a trade union background and was a Unison activist in Glasgow, and we were very aware of such issues, in particular those around whether workers should get additional payments for the context in which they work—at height, for example—and so on. We should remember that in some sectors of the economy, blacklisting by employers was prevalent, often of individuals who expressed the health and safety concerns of workers. That is a real problem and it is still happening. Blacklisting is illegal, but some evidence presented to the Select Committee on Scottish Affairs last year suggested that the practice continues. I refer Members to the early-day motion in my name that calls for a public inquiry into blacklisting.

Every fall from height can have life-altering consequences for workers and their families. The working-at-height culture needs to improve, as the APPG report demonstrates clearly, but sadly the issue does not yet appear to be at the top of decision-making agendas. Lack of data prevents us from understanding the causes of falls from height, which is compounded by a cultural obstacle to supporting people to report unsafe practices.

This excellent report looks at the issues that the right hon. Member for Delyn (David Hanson) talked about, in particular the four primary recommendations: the enhanced reporting system; the appointment of an independent body to allow confidential, enhanced and digital reporting of all near-misses, to be shared with Government and industry to inform health and safety policy; the extension of the Working Well Together programme; and the extension of the Scotland fatal accident inquiry process to other parts of the United Kingdom.

Another concern to share is that, under the coalition Government, the HSE suffered cuts and job losses. Many of us from a trade union background and those Members in Parliament at the time had real concerns about the deregulation of health and safety and the reporting of it. I hope that the Minister will tell us what the existing staffing levels are at the HSE, because I would be concerned had the numbers reduced over the past 10 years. Clearly, we should not be cutting jobs at the Health and Safety Executive.

In Scotland, under section 29 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, Ministers are required to report on fatalities. Fatal accident inquiries are the legal mechanism through which deaths in the workplace are investigated. Inquiries are mandatory for deaths occurring in the workplace, as well as in custody, or when the circumstances are deemed to be in the public interest, and they are usually held in the sheriff courts. The outcomes of all fatal accident inquiries since 1999 are publicly available and can be accessed online via the Scottish Courts and Tribunals Service. The all-party group calls for an equivalent system to be introduced in the rest of the UK, to ensure that employers are held to account for fatal injuries occurring as a result of workers falling from height, and that incidents are reported with sufficient information.

The Scottish Government are looking at the law on culpable homicide and considering proposals made by Members of the Scottish Parliament. For example, Claire Baker MSP launched a consultation, which ran from 7 November to 23 April this year, on how the law on culpable homicide can be tightened, and the related Bill appears to have cross-party support.

Companies can be prosecuted under the UK Government’s Corporate Manslaughter and Corporate Homicide Act 2007. We support the Act, but have concerns about the lack of prosecutions under it. Will the Minister talk a bit about that when he responds to the debate? Individual directors can also be charged with the common law offence of culpable homicide or with offences under health and safety legislation, but the SNP position is that if existing legislation can be improved by devolved legislation, we will consider what further steps should be taken.

In the 2018-19 programme for government, the Scottish Government committed to establish in spring this year a new support service—developed and delivered with Victim Support Scotland—to give families bereaved by murder and culpable homicide dedicated and continuous support. That is an important part of the Government’s programme. Wider work to look at the law of homicide is also under way. The Scottish Government asked the Scottish Law Commission to consider that law, and examination commenced in February 2018. Our view is that every fatality at a place of employment in Scotland should be investigated, and that the nature of the deaths requires a detailed and often lengthy investigation involving complex, technical and medical issues and expert opinion. The law already allows individual directors to be charged, which of course is necessary.

I congratulate my hon. Friend the Member for Glasgow Central. Clearly, Scottish National party Members are leading the way in this Parliament in promoting the rights of workers. My hon. Friend the Member for Glasgow East (David Linden) is campaigning against discrimination against young people in the living wage; my constituency neighbour, my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald), is producing legislation on unpaid work trials; and I am promoting—this debate is another opportunity to do so—the Workers (Definition and Rights) Bill, which touches on issues such as a worker’s status. People in industries such as construction believe that they are workers or employees, but later find out that they are somehow self-employed. We need to get on top of the issue of precarious work.

Thank you, Mr McCabe, for chairing this debate. I commend to the House the report of the all-party parliamentary group on working at height.