Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, which Government body is responsible for fire safety in offshore wind farms.
Answered by Mims Davies - Shadow Minister (Women)
The law requires businesses operating renewable energy developments to have arrangements for evacuation, escape, recovery and rescue to prevent any risk of harm to persons working at those developments, including risks from fire. The Health and Safety Executive (HSE) and the Maritime and Coastguard Agency (MCA) are the regulatory authorities for those legal requirements at offshore renewable energy developments.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what discussions he has had with the Secretary of State for the Home Department on ensuring fire safety in (a) onshore and (b) offshore wind farms.
Answered by Mims Davies - Shadow Minister (Women)
Although Cabinet members hold frequent discussions on a wide range of policy areas, including renewable energy policy, the Health and Safety Executive is not aware of any specific discussions regarding fire safety on (a) onshore and (b) offshore windfarms.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, whether his Department plans to review the value of the (a) winter fuel payment and (b) cold weather payment in the context of increases in cost of fuel and energy.
Answered by Laura Trott - Shadow Secretary of State for Education
In recognition of the current high cost of living, pensioners who are entitled to a winter fuel payment in 2022/23 and 2023/24 have received, or will receive, an extra Cost of Living Payment of £300 per household. The combined winter fuel and Cost of Living Payments are therefore £500 for households containing someone between State Pension age and 79, and £600 for those containing someone aged 80 or over.
There are currently no plans to review the current value of Cold Weather Payments paid to eligible people in England and Wales. The Scottish Government has introduced the Winter Heating Payment scheme, to replace Cold Weather Payments for people living in Scotland.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 3 February 2023 to Question 139284 on Offshore Industry: Missing People, whether he plans to (a) extend the definition of energy structures or (b) legislate to provide for seafarers operating in the offshore wind sector outside territorial waters but within the UK exclusive economic zone.
Answered by Mims Davies - Shadow Minister (Women)
The Health and Safety Executive (HSE) is not aware of any plans to (a) extend the definition of energy structures contained in the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 or (b) provide any additional legislation relating to seafarers operating in the offshore wind sector within the UK exclusive economic zone.
The 2013 Order only applies the provisions of the 1974 Act to those offshore wind farms that are located in either the territorial sea or within a renewable energy zone as provided by Section 84(4) of the Energy Act 2004.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 8 February 2023 to Question 139285, whether the classification of within territorial waters relates to the siting of the specific installation.
Answered by Mims Davies - Shadow Minister (Women)
The specific installation is a mobile installation, specifically a jack-up drilling rig. It had been engaged in drilling work at a field on the United Kingdom Continental Shelf (UKCS) over 100 miles east of mainland Scotland. When that work was completed the rig was towed to the port of Dundee. The territorial sea is defined by The Territorial Sea Act 1987 which are waters adjacent to the United Kingdom coastline and cover a breadth of 12 nautical miles.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 8 February 2023 to Question 139285 on Offshore Industry: Missing People, whether an installation is classified as being within territorial waters if it is beyond 12 miles but part of its windfarm is within that distance.
Answered by Mims Davies - Shadow Minister (Women)
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 applies the provisions of the 1974 Act to a variety of structures on the United Kingdom Continental Shelf (UKCS) which are in designated areas by virtue of an order under Section 1(7) of The Continental Shelf Act 1964 in addition to the UK territorial sea.
An offshore installation is a structure used for the exploitation, or exploration with a view to exploitation, of mineral resources (eg oil and gas) by means of a well. The 2013 Order also applies the provisions of the 1974 Act to structures in the territorial sea or in a renewable energy zone created under Section 84(4) of the Energy Act 2004. These structures include those used for the production of energy from water or wind, eg a windfarm. There are currently no offshore installations on the UKCS that have a windfarm in the territorial sea.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to Answer of 2 February to Question 135414 on Offshore Industry: Missing People, what (a) sites and (b) installations are covered by the Health and Safety at Work Act 1974 (Application outside Great Britain) Order 2013.
Answered by Mims Davies - Shadow Minister (Women)
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 applies to sites within the territorial sea and designated areas.
The types of sites and installations covered by the 2013 Order in either the territorial sea or a designated area are: offshore installations; wells; pipelines; mines; those used for gas importation and storage; energy structures for the production of energy from water or wind; and underground coal gasification as defined in the Order.
The Territorial Sea Act 1987 defines the territorial sea as “A belt of sea over which the UK exercises sovereign jurisdiction. It is adjacent to, and measured from, the UK coastline to a maximum width of 12 nautical miles”. A designated area is one which has been designated by order under Section 1(7) of the Continental Shelf Act 1964.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, pursuant to the Answer of 2 February to Question 135414 on Offshore Industry: Missing People, what guidance his Department provides on whether (a) workers on Offshore Wind Installations and (b) ships and machinery servicing them are covered by the Health and Safety at Work Act 1974 (Application Outside Great Britain) Order 2013.
Answered by Mims Davies - Shadow Minister (Women)
Guidance on the application of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2013 is published by the Health and Safety Executive (HSE) on its website. HSE also publishes an Offshore Information Sheet No 1/2013 relating to the application of health and safety law offshore.
The guidance outlines that the 1974 Act applies to any energy structure or activities connected with, or preparatory to, the exploitation of those structures for the production of energy from wind. The provisions also apply to exploration activities with a view to producing energy from wind and the operation of a cable for transmitting electricity from an energy structure.
The definition of an energy structure includes structure or machine. Ships are not defined as energy structures for the purposes of this legislation.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, which agency is responsible for the investigation of missing persons aboard offshore rigs in (a) UK territorial waters, (b) the UK exclusive economic zone and (c) the UK continental shelf.
Answered by Mims Davies - Shadow Minister (Women)
When an offshore rig meets the definition of an installation in The Health and Safety at Work etc.1974 (Application outside Great Britain) Order 2013, the agency responsible for the investigation of missing persons aboard offshore rigs in: UK territorial waters; the UK exclusive economic zone; and the UK Continental Shelf (UKCS) is the Health and Safety Executive.
There is no legal definition of “international waters”. HSE is responsible for regulating the safety of individuals on offshore installations on the UKCS. In circumstances where the legislation does not apply to the activity of an offshore installation on the UKCS, then the responsibility lies with the flag state, i.e. with the country under whose laws the installation is registered.
Asked by: Kenny MacAskill (Alba Party - East Lothian)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what agency is responsible for the safety of individuals on offshore installations in international waters.
Answered by Mims Davies - Shadow Minister (Women)
When an offshore rig meets the definition of an installation in The Health and Safety at Work etc.1974 (Application outside Great Britain) Order 2013, the agency responsible for the investigation of missing persons aboard offshore rigs in: UK territorial waters; the UK exclusive economic zone; and the UK Continental Shelf (UKCS) is the Health and Safety Executive.
There is no legal definition of “international waters”. HSE is responsible for regulating the safety of individuals on offshore installations on the UKCS. In circumstances where the legislation does not apply to the activity of an offshore installation on the UKCS, then the responsibility lies with the flag state, i.e. with the country under whose laws the installation is registered.