Education, Culture and Sport Committee, 14 Jun 2000

Meeting date: Wednesday, June 14, 2000

Official Report 285KB pdf

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Children (Protection at Work) (Scotland) Regulations 2000 (SSI 2000/149)

The fourth item is an instrument under the negative procedure, about which I am sure the committee will have lots of questions.

Although the instrument is laudable and I am not speaking against it in any way, my reading of it raised several questions. The instrument's first objective concerns children on farms. I should draw the committee's attention to the fact that in 1998-99—the most recent year for which I could obtain statistics—there were 56 deaths on farms in the UK, three of which were children. As that is a large percentage of farm deaths, we should be aware that that is an area of concern.

It is great that the new regulations are being introduced; however, we should ask the Executive how it intends to enforce them. It is all very well to have regulations, but we will not cut deaths if they are not enforced, and I would like to hear about the enforcing authorities for the regulations.

The committee will not be surprised that my final point is about the consultation that was undertaken. The Executive note makes it clear that there was consultation with

"the Confederation of British Industry and the Trades Union Congress".

I would have thought that, on regulations that affect children and young people, young people's organisations would have been consulted as a matter of course, perhaps not so much on the farms aspect, but on the explanatory note's reference to "street trading" and taking part in dangerous performances. Young folk could have quite reasonably been expected to have an opinion on such issues and it would have been appropriate to widen the consultation.

Are there any other questions or comments?

Members indicated disagreement.

I understand that we will have the time to ask those questions.

The committee has been asked to report by 19 June.

We could ask for more information and still support the instrument.

I was not questioning the regulations. However, we could ask the questions that I have raised.

At the moment, local authorities are responsible for enforcing them, are they not?

I assume that street trading and performances would fall within the remit of trading standards officers. Would farm deaths be the responsibility of the Health and Safety Executive's agricultural division? I do not know.

That could well be the case.

That is why I am asking.

We can come back with responses on those points. I think that all members would be happy to take the matter further. Are there any objections?

No.