Question to the Department for Work and Pensions:

To ask His Majesty's Government what is their latest assessment of the effectiveness of the Prevention of Accidents to Children in Agriculture Regulations 1998.

The Prevention of Accidents to Children in Agriculture Regulations 1998 (PACAR) prohibit anyone allowing children under the age of 13 to ride on machinery used in the course of agricultural operations.

The Health and Safety Executive (HSE) enforces the Regulations and considers they are clear in their intent and requirements. The provisions are well known in the agriculture industry and stem from protections that have been in place since 1958.

Within the last ten years, (since 01/04/2013), under the Prevention of Accidents to Children in Agriculture Regulations 1998, HSE have:

• Issued 23 Prohibition Notices
• Approved 2 Prosecution Cases (one resulting in a Guilty verdict)

If followed, the Regulations are effective at controlling farm related risk to children under 13 years of age riding on farm machinery. However, they do not extend to control all farm related risk. These hazards include for example, cattle, moving vehicles, slurry lagoons, and bale stacks.

The risks presented by these other hazards can only effectively be controlled because HSE uses more general legislation in conjunction with specific guidance. The broader legislation relevant to the protection of children is:

• The Health and Safety at Work etc Act 1974 (HSWA) which sets out a clear general duty to protect all those not at work who might be affected by the undertaking, and

• The Management of Health and Safety at Work Regulations (MHSWR) which require assessment and management of all risks in or from a work activity and specifically that young people are not exposed to risk due to their lack of experience, being unaware of existing or potential risks and/or lack of maturity.

HSE continues to monitor the legislative framework for the control of risk to children in agriculture and considers the legal provisions are sufficient to allow HSE to take proportionate enforcement action where necessary.