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ICL Inquiry Report (Government Response)

I am today announcing the publication of the Government's response to the ICL Inquiry Report. The Government's response (CM 7849) has been laid before Parliament and will be published later today. In publishing the response I would like to once again extend my condolences to the families and friends of those killed and injured in the factory explosion at ICL Plastics Ltd in Glasgow on 11 May 2004, and thank Lord Gill for his work and his considered recommendations following this tragic—and avoidable—event. On 16 July, I announced the publication of Lord Gill's report into the underlying causes of the explosion at ICL Plastics, resulting from a leak of liquefied petroleum gas (LPG). As part of his report, Lord Gill recommended a four-phase action plan to secure the safe operation of small bulk LPG installations. The plan consisted of:"a systematic replacement of buried metallic service pipes with polyethylene pipes and inspection of buildings with an LPG supply;""the establishment of a new safety regime for small bulk LPG installations including the introduction of an independent verification scheme;""the continuing development of the safety regime with particular reference to polyethylene pipes; and""improvements in knowledge and information sharing between regulators, and LPG suppliers and users." On 14 September, I announced the publication of House's progress report which set out details of the programme to replace buried metallic pipework with polyethylene pipes, supported by an inspection campaign by HSE and local authority inspectors. This work is now well under way. The progress report also announced the launch of a consultation exercise seeking stakeholder views on Lord Gill's remaining recommendations. We are grateful to those who responded to the consultation for their helpful comments. Having considered these responses and advice from the HSE board, the Government are now able to publish its full response to the ICL Inquiry. The Government support the majority of Lord Gill's proposals for a new LPG safety regime including the introduction of installation records for LPG users; registration of LPG suppliers; clearer demarcation of responsibilities between LPG users and suppliers; the production of an asset register by suppliers; and improved guidance for users on meeting their legal obligations. HSE will consult with stakeholders further on the details of implementation. The Government have decided to not take forward Lord Gill's proposals for an independent verification scheme or for independent audits of workplace risk assessments but will instead take steps to raise awareness among users of their responsibilities within the existing legislative framework, underpinned by appropriate enforcement activity. We believe that this approach will effectively deliver the outcomes that Lord Gill envisaged. The Government acknowledge the need to ensure that the replacement polyethylene pipes themselves remain safe. We have therefore asked HSE to undertake any additional research needed into the safety of these pipes and to consult the LPG industry and pipe manufacturers on appropriate integrity tests. Finally, the Government agree with Lord Gill that effective communication is vital to ensuring the continuing safety of small bulk LPG installations. The HSE will work with the LPG industry to develop clear and practical advice for LPG users regarding the fulfilment of their statutory duties. I hope that the Government response goes some way to addressing the concerns of those have suffered as a result of this tragic event and reassures them that the Government are determined to ensure that similar events do not happen in the future. An analysis of the responses to the preliminary consultation exercise, and other information used in developing the Government response, is now available on the HSE website at: http://www.hse.gov.uk/iclresponse