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My Lords, further to the Minister’s last reply, which was very helpful, can he tell the House how long that process will take? I revert to my noble friend’s Question, in which he asks for, "““a review of the standards set””." With the greater opening of access to the countryside through the Countryside and Rights of Way Act, which we passed back in 2000, and now the likelihood of the opening up of coastal areas, there is an enormous problem that needs to be addressed. For example, on coastal access, the Royal National Lifeboat Institution raised with me the whole question of who covers what as regards safety in future.
Asked by
Baroness Byford (Conservative)
Oral questions - Supplementary
Status
Answered
Date
19 December 2006
Reference
687 c1890
House
House of Lords
My Lords, perhaps I may add, as I shared the ““Today”” programme with Mr Callaghan, that I entirely share the Minister’s respect for him. Is there now any point in having a separate Health and Safety Commission and Health and Safety Executive? Would it not be much more sensible if the two were merged? Is not the present structure archaic and would it not please many in the health and safety world if it were resolved?
Asked by
Lord Renton of Mount Harry (Conservative)
Oral questions - Supplementary
Status
Answered
Date
19 December 2006
Reference
687 c1889-90
House
House of Lords
My Lords, as someone whose daughter died in a country with no such organisation and where due process was not followed by public authorities, I think that the importance of the Health and Safety Executive should not be diminished by cheap and inaccurate articles such as that by Simon Jenkins. What will the Minister do to make sure that the press reports the executive’s role accurately?
Asked by
Baroness Miller of Chilthorne Domer (Liberal Democrat)
Oral questions - Supplementary
Status
Answered
Date
19 December 2006
Reference
687 c1889
House
House of Lords
My Lords, I cannot comment on the case that the noble Lord mentioned, but I can tell him that the Health and Safety Executive is in the midst of developing guidance for inspectors, which will be subject to consultation in due course. It recognises that it is not possible to eliminate risk altogether. Sometimes healthy trees fall over by accident. However, the Health and Safety Executive expects action when trees in frequently visited public areas are unstable because they are obviously damaged, dead or sick.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1888-9
House
House of Lords
My Lords, does the Minister accept that good health and safety comes from having a culture and attitude of mind towards health and safety, rather than from a series of prescriptive regulations? Does he recognise that there is a feeling in the country that the blizzard of rules and regulations is now creating a situation where people cannot see the wood for the trees?
Asked by
Lord Forsyth of Drumlean (Conservative)
Oral questions - Supplementary
Status
Answered
Date
19 December 2006
Reference
687 c1889
House
House of Lords
My Lords, while thanking the noble Lord for that Answer, I should say that the National Trust had no part in asking me to pose this Question, although the tragic incident of an oak tree falling on and killing an eight year-old boy on New Year’s Day two years ago has not yet been resolved. But surely the point now is that the mention of involvement by health and safety is seen much more as a threat than as a promise. Whether it is children on Father Christmas’s knee or no ladders to mend churches, people simply do not know where they stand. That makes life very difficult in many cases. Specifically on the question of the countryside, surely someone who is not on the public path but is exercising his right to roam must be doing so at his own risk, otherwise the burden on landowners and farmers is intolerable. On that basis, I suggest that there should be a review of the standards set by what is now a 30 year-old Act.
Asked by
Lord Renton of Mount Harry (Conservative)
Oral questions - 1st Supplementary
Status
Answered
Date
19 December 2006
Reference
687 c1888-9
House
House of Lords
My Lords, the Health and Safety Executive has not produced any standards for managing the risks of trees falling on people. When called on to investigate, it judges what measures are reasonably practical on a case-by-case basis, taking account of guidance produced by bodies in the relevant sectors.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1888
House
House of Lords
My Lords, if I knew the answer to that, I would be in a very different position. The noble Baroness is quite right: many of the stories in the media about ““health and safety gone mad”” turn out to be inaccurate. As I said, decisions often have had nothing whatsoever to do with the Health and Safety Executive. I pay tribute to Bill Callaghan, chair of the Health and Safety Commission. He has done a brilliant job. He started a ““sensible risk”” debate about a year ago to bring these matters to the attention of the public. I thought that he responded very well to the Simon Jenkins article. He was very articulate this morning on the ““Today”” programme in putting the balanced approach of the HSC across.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1889
House
House of Lords
My Lords, I would expect the consultation to be for the normal three months. Then the commission will have to consider the results and make recommendations to Ministers, but I hope that the process can be brought to a speedy conclusion. On the more general issue, I am always happy to consider whether more advice should be given. A number of best practice documents are issued by various organisations, such as the Forestry Commission and the Arboricultural Association. They tend to represent best practice, not the minimum standard required by the Health and Safety at Work etc. Act. That is why the Health and Safety Executive is now developing guidance for its inspectors, which will be subject to consultation. That will be in the public domain and, I hope, will bevery helpful to landowners and others who want clarification, including the general public.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1890
House
House of Lords
My Lords, I agree that an overprescriptive approach to health and safety is wrong, but I would defend the action of the Health and Safety Executive over the past 32 years of the Health and Safety at Work etc. Act. As a result of the HSE’s actions, the number of fatal injuries at work has reduced by 70 per cent. Its policy is to be proportionate, to encourage people to do the right thing, but to take action against those who wilfully disobey the law. It has gone through a rigorous process of reducing regulation. It is often blamed by other public authorities for decisions that are taken often for financial reasons and not for health and safety reasons.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1889
House
House of Lords
My Lords, I pay tribute to the noble Lord as well for his contribution this morning. The governance of the Health and Safety Executive and Health and Safety Commission has been the subject of a review by the commission. It concluded that it would be better if the executive and the commission were brought together under one governing body. I hope that there will be consultation shortly with the public and stakeholders. We will come to a decision in the light of that consultation.
Answered by
Lord Hunt of Kings Heath (Labour)
Type
Oral answers to questions
Date
19 December 2006
Reference
687 c1889-90
House
House of Lords
Whether they will introduce a review of the standards set by the Health and Safety Executive in view of its assessment of the risks posed by trees on National Trust land.
Asked by
Lord Renton of Mount Harry (Conservative)
Oral questions - Lead
Status
Answered
Date
19 December 2006
Reference
687 c1888
House
House of Lords
Deposited by
Department for Environment, Food and Rural Affairs; Forestry Commission
Type
Deposited papers
Date
12 December 2006
Reference
DEP 06/2248
House
House of Commons

asked Her Majesty's Government:What is the maximum possible penalty in cases in which (a) one tree is subject to a tree preservation order; (b) 10 such trees are destroyed; and (c) more than 10 such trees are destroyed.

Asked by
Lord Maginnis of Drumglass (Crossbench)
Type
Written questions
Status
Answered
Date
6 December 2006
Reference
464; 687 c146-7WA
House
House of Lords

asked Her Majesty's Government:Whether, when trees that are subject to a tree preservation order are unlawfully destroyed, planning permission for building development that would not have been granted if the trees had survived can then be granted subject to any other conditions being fulfilled.

Asked by
Lord Maginnis of Drumglass (Crossbench)
Type
Written questions
Status
Answered
Date
6 December 2006
Reference
465; 687 c147-8WA
House
House of Lords

To ask the Secretary of State for Environment, Food and Rural Affairs what estimate he has made of how many trees were planted in each region of England in each of the last five years.

Asked by
Brian Jenkins (Labour)
Answering body
Department for Environment, Food and Rural Affairs
Type
Written questions
Status
Answered
Date
5 December 2006
Reference
107011; 454 c223-4W;454 c225-6W
House
House of Commons
Type
Select Committee reports; House of Lords papers; Parliamentary committees
Committee
Delegated Powers and Regulatory Reform Committee
Date
22 November 2006
Reference
HL 6 2006-07
House
House of Lords

I must inform the hon. Lady that that particular area is probably 12 to 14 miles away and it has no bearing on the quality of life of local people. I am grateful for the Minister’s clarification, specifically with regard to the Human Rights Act, as well as on many...

Member
Baroness Burt of Solihull (Liberal Democrat)
Type
Proceeding contributions
Date
20 October 2006
Reference
450 c1192
House
House of Commons

No; it is in the borough.

Member
Jacqui Lait (Conservative)
Type
Proceeding contributions
Date
20 October 2006
Reference
450 c1191
House
House of Commons

We seem to have gone from a beautiful oak tree, which we all wish to protect, to perhaps the most contentious subject of debate in the House. The evidence does not back up the hon. Gentleman’s point in respect of pressure on housing. It is the wheres, whens and hows...

Member
Phil Woolas (Labour)
Type
Proceeding contributions
Date
20 October 2006
Reference
450 c1188
House
House of Commons