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20/10/2008
The Health and Safety (Offences) Bill became law on 16 October, when it received Royal assent. The Bill, put forward by Labour MP Keith Hill cleared it last hurdle earlier this month, when it passed a third reading in the House of Lords. Under the new legislation, the Health and Safety (Offences) Act 2008, the maximum fine in magistrates' courts will be raised to £20,000 for most offences and imprisonment will be made an option for a wider range of breaches. The Act, which applies throughout the UK, makes most offences "triable either way", which in effect means unlimited fines.
TUC head of safety Hugh Robertson said the realising the benefits of the new law would require the courts to treat safety offences as serious crimes. "The TUC welcomes the fact that this bill has finally made it on to the statute book," he said. "The need to increase fines was first recognised by the government over eight years ago and trade unions have been campaigning hard for stronger penalties to be available for those who are convicted of criminally putting the health or safety of their workforce at risk." He added, however, "these increased penalties will only make a difference if courts actually impose fines that act as a meaningful deterrent rather than just a slap on the wrist as is so often the case today."
Health and safety Minister Lord McKenzie said: "These changes will ensure that sentences can now be more easily set at a level to deter businesses that do not take their health and safety management responsibilities seriously and further encourage employers and others to comply with the law." The minister added: "Furthermore, by extending the £20,000 maximum fine to the lower courts and making imprisonment an option, more cases will be resolved in the lower courts and justice will be faster, less costly and more efficient. Jail sentences for particularly blameworthy health and safety offences committed by individuals, can now be imposed reflecting the severity of such crimes, whereas there were more limited options in the past."
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