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Dept for Work and Pensions

Answer

Andrew Bennett: To ask the Secretary of State for Work and Pensions whether the field inspectors and work contract officers of the Health and Safety Executive will prosecute companies who do not possess an employer's liability compulsory insurance certificate; and how many such prosecutions there have been in the past 12 months. [132542] Mr. Browne: Where an employer has not got appropriate employers' liability insurance, or does not produce a valid certificate of insurance when required to do so, then the Health and Safety Executive will consider prosecution. Each case must be considered on its own merits, and in accordance with the Code for Crown Prosecutors. Prosecution decisions will also take account of the time since the date of offence, because offences under ELCI Act 1969 are triable only summarily, which means there is a six-month time limit from the date of the offence to commencing a prosecution. Where there is evidence of non-insurance, and the case is within the statutory time period, then HSE will normally prosecute. During the period 15 October 2002 to 14 October 2003, there were a total of 10 prosecution cases heard for prosecutions brought by HSE for failure to have insurance. In addition to prosecution, the issue of `Notices to Produce' (NTPs) is an important part of HSE's enforcement of ELCI. NTPs require the employer to produce a valid certificate of insurance to HSE. During the same period, HSE issued a total of 73 NTPs.

Secondary information

Type

Written question

Reference

132542; 411 c622-3W;411 c626-7W

Session

2002-03

Subjects

Companies Inspections Enforcement Insurance Employers' liability Prosecutions

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk