Bill offers enforcers alternative route

News | HSW
12.08.2007

The Bill will give ministers power to let the enforcing authorities use alternatives to variable fines levied by courts. Where regulators are satisfied there has been an offence, they will be able to impose fixed penalties on the offenders (who would have the right of appeal against the fine) and require them to take steps to make sure the offence does not reoccur, or to restore a situation to its state before the failure.

Where an organisation has been found guilty of an offence, the authorities will be able to place a permanent or temporary "cessation order" stopping it continuing with any related activities that could present a serious risk to human health or the environment.

As well as fixed fines, the Bill provides for regulators setting their own variable penalties. Where an offender received notice of this sort of penalty they would be allowed to propose a "voluntary undertaking" to remedy the breach, which the HSE or local authority could look at before deciding whether to go ahead with the fine.

Professor Richard Macrory recommended a "toolbox" of alternative sanctions in a report to the government last November as part of its Better Regulation initiative. His suggestions included penalties, like those proposed in the draft Bill, which regulators could impose directly, bypassing the courts.

In an interview with HSW before the draft Bill was issued, HSE chief executive Geoffrey Podger said the executive was wary of fixed penalties and the risk of creating a "parking ticket culture" in enforcement, but did not rule out using alternative sanctions.

"Obviously in due time, if these powers became available to us, we would have to think carefully as to whether there were circumstances in which it made sense to use them," said Podger.