Details of enforcement actions taken against NICS departments.

Aodhan made this Freedom of Information request to Health and Safety Executive for Northern Ireland

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Health and Safety Executive for Northern Ireland,

I note with concern the continuing year on year increases in Northern Ireland Civil Service staff reporting ill with mental health issues https://www.finance-ni.gov.uk/topics/sta...

As the enforcement authority responsible for civil service departments and given the apparent failure on the part of government departments to meet their duty of care to their employees as evidenced in the linked publications please advise by return details of:

1) The number of improvement notices served by HSENI on NICS Departments to date and the nature of those improvement notices together with the department(s) concerned.

2) The number of prohibition notices served by HSENI on NICS Departments to date and the nature of those prohibition notices together with the department(s) concerned.

3) The number of prosecutions (whether successful or not) taken against NICS Departments by HSENI together with details of the department(s) concerned.

Yours faithfully,

Mr Aodhan Flynn

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

Dear Mr Flynn,

FREEDOM OF INFORMATION ACT 2000

Our Reference: FOI/49/2019

RE: Details of enforcement actions taken against NICS departments.

I refer to your recent e-mail received in the Health and Safety Executive for Northern Ireland today 30 April 2019.

You asked us:

1) The number of improvement notices served by HSENI on NICS Departments to date and the nature of those improvement notices together with the department(s) concerned.

2) The number of prohibition notices served by HSENI on NICS Departments to date and the nature of those prohibition notices together with the department(s) concerned.

3) The number of prosecutions (whether successful or not) taken against NICS Departments by HSENI together with details of the department(s) concerned

We are currently working on your request and will be in touch with you once our response is complete.

If you have any queries about this email, please email [HSENI request email] quoting the reference FOI/47/2019 in any communications.

Yours faithfully,

Liam O'Neill
HSENI
83 Ladas Drive
Belfast, BT6 9FR
Tel: 028 9054 7088 (ext: 47088)
[mobile number]
TextRelay: 18001 028 9054 7088
Web: www.hseni.gov.uk

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Liam,

thank you for your prompt acknowledgement.

Yours sincerely,

Aodhan

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

Our Reference: FOI/49/2019

Dear Mr Flynn,

FREEDOM OF INFORMATION ACT 2000

RE: Details of enforcement actions taken against NICS departments.

I refer to your request for information under the above Act.

You asked us:

Q1) The number of improvement notices served by HSENI on NICS Departments to date and the nature of those improvement notices together with the department(s) concerned.

A1) In 2005 a Crown Improvement Notice was served on the General Officer Commanding (Northern Ireland) MOD – subject - welfare.

Q2) The number of prohibition notices served by HSENI on NICS Departments to date and the nature of those prohibition notices together with the department(s) concerned.

A2) In 2007 a Crown Prohibition Notice was served on the Northern Ireland Prison Service – subject - legionella.

Q3) The number of prosecutions (whether successful or not) taken against NICS Departments by HSENI together with details of the department(s) concerned

A3) NICS Departments in NI are Crown bodies and as such enjoy Crown Status which exempts them from prosecution. A Crown censure is an administrative procedure, whereby HSENI may summon a Crown employer to be censured for a breach of the Health and Safety at Work (NI) Order or a subordinate regulation which, but for Crown Immunity, would have led to prosecution with a realistic prospect of conviction. The following crown censures have been carried out in Northern Ireland:

1. In 2006 a Crown censure was issued against DRD Water Service – subject = system of work following a fatality; and

2. In 2006 a Crown censure was issued against the Northern Ireland prison Service – subject = management of water system following fatality.

If you have any queries about this email, please contact me. Please remember to quote the reference number above in any future communications.

I hope you find this information useful, but if you are dissatisfied with the way in which HSENI has handled your request, please go to https://www.hseni.gov.uk/information-acc... which explains the actions that are available to you.

Yours faithfully,

Liam O'Neill
HSENI
83 Ladas Drive
Belfast, BT6 9FR
Tel: 028 9054 7088 (ext: 47088)
[mobile number]
TextRelay: 18001 028 9054 7088
Web: www.hseni.gov.uk

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Dear Mr O’Neill.

Many thanks for your response and the information provided.

Yours sincerely

Aodhan