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Health & Safety for Cops under attack
Posted on 05/05/2011
NATIONAL PRESS RELEASE
UK Federations warn Health & Safety amendment will make policing in the UK less accountable
UK Police Federations warn Health and Safety amendment will make policing in the UK less accountable to the public and call for it to be withdrawn
According to the UK Police Federations which represent officers in England, Wales, Scotland and Northern Ireland, the proposed amendments to the Police (Health and Safety) Act, 1997, will prevent members of the public from being able to make claims for injuries or actions taken by the Police. This will not only damage public accountability but will deny UK police officers the same rights as other workers in Europe.
The amendment put forward by Lord Blencathra, which proposes the repeal of sections 1, 2 and 5 of the Police Act 1997, will effectively remove the protection afforded by the Health and Safety at Work Act, 1974, for police officers.
This amendment ignores the fact that all the major police representative bodies: ACPO, the Superintendents’ Association and the Police Federation agree the position that the Police (Health and Safety) Act in its current form has resulted in significant improvements in the health, safety and welfare of front line police officers whilst still allowing effective policing to be achieved. This is the approach embodied in the high level statement ‘Striking the balance between operational and health and safety duties in the police service’.
It is also extremely disappointing that evidence gathered by Lord Young last year on behalf of the Conservative Party and the Government for his report ‘Common Sense, Common Safety’, which included interviews with senior members of the Police Federation has also been overlooked by Lord Blencathra.
It is the opinion of the Police Federations in the United Kingdom that the law as it stands serves both the public and the police effectively. It is certain interpretations of the law that have produced isolated anomalies. These unnecessary changes will put further pressure on a service that is already under strain and could widen the public confidence gap in policing.
We urge this amendment be withdrawn as a matter of urgency.
It appears that the Government are quietly seeking to remove the Police from H&S legislation by slipping in an amendment under the radar. It appears that the following amendments are to be moved at the next committee stage of the Police Reform and Social Responsibility Act, starting 11 May.
Commenting on this Mark Botham, North Yorkshire Police Federation chairman said " We would also ask where the public consultation has been on this as it would appear to prevent members of the public making a claim if injured by a police force. We now start to see the reality of assurances that cuts in police numbers (on top of the reduction in numbers we have seen since 2007) will not compromise officer safety as those making the cuts will be exempt from any comeback if and when officers are hurt as a result of the cuts. That is not acceptable but if police officers are to be treated as a special case in relation to health & safety and denied rights afforded to all other workers then why are they not deemed a special case in relation to their pay & pensions. The government cannot have it both ways.."
Background information is set out below:
After Clause 95 LORD BLENCATHRA has inserted the following new Clause—
"Application of health and safety enactments to police
- No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.
- No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.
- Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.
- Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996.
- A breach of the guidance issued under subsection (4) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.
- A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (4)."
Note sub-section 4. What do HMIC know about H&S? Please note the latest custody inspections as a working example.....
Whether the Government can actually do this under European Legislation is questionable. The Police H&S act is attached.
Here is a link to the Parliamentary pages
http://www.publications.parliament.uk/pa/ld201011/ldbills/062/amend/am062-b.htm
