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7
February 2005
HSC to decide on alleged 'unlawfulness'
of public safety policy this week
The
Health and Safety Commission (HSC) will decide this
week whether to amend its restrictive policy towards
enforcing public safety duties upon employers.
It
will decide whether or not to change the policy at
a Commission meeting on Tuesday 8th February.
Last
year, legal advice sought by the CCA concluded that
the policy - adopted in November 2003 - was 'unlawful'.
The legal advice was obtained after the Health and
Safety Executive (HSE) refused to investigate a number
of deaths of members of the public.
The
HSE has obtained its own legal advice
from a senior Q.C.. The HSE has refused to disclose
this advice - or indeed a summary - after the CCA
made a request under the new freedom of information
laws. It stated that:
"HSE
has considered the public interest in disclosing
this advice and has concluded that in this case
the ability of HSE in being able to seek and obtain
confidential legal advice outweighs the public interest
in disclosure of that advice (or a summary of it).
Therefore it we are applying the exemption provided
by section 42 of the Freedom of Information Act
2000"
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