4 July 2004 - Legal Advice Brands HSE's Restrictive Policy on Public Safety "Unlawful"
The Health and Safety Executive's new policy on public safety - which stops HSE inspectors enforcing public safety duties upon employers in certain circumstances is 'unlawful.' A legal opinion for the Centre for Corporate Accountability (CCA) was given by two public law specialists, barrister Michael Fordham - one of Britain's top barristers in the field - and John Halford from the solicitors, Bindman and Partners, after the HSE refused to investigate a number of deaths of members of public.
The CCA has written to HSE director general Tim Walker, asking how HSE intends to respond to the legal opinion and, if it does not intend to suspend the policy, to give its reasons for not doing so.
David Bergman, Director of the Centre for Corporate Accountability commented:
"We are concerned that the HSE introduced a policy which we are now advised is 'unlawful'. The HSE has very important responsibilities in enforcing the public safety obligations that are imposed upon employers. We are advised that the law simply does not allow the HSE to make a policy decision to discard these responsibilities."
John Halford, a public law solicitor at Bindman and Partners also commented:
"This policy ties the hands of the HSE's inspectors and stops them from doing a vital part of their job - protecting the public. If it is not withdrawn, legal challenges are inevitable."
The full CCA press release can be found here.
