Loose Load causes Death
Coastal Container Line Limited has been fined £150,000 and ordered to pay costs of £26,732 by Liverpool Crown Court. The company pleaded guilty to charges under s2 (1) and s3 HSWA at South Sefton Magistrates Court and was committed for sentence to the Crown Court.
The prosecution followed an incident on 14 September 2006 at Seaforth docks in Bootle, when 37-year-old Lawrence Allen was driving an HGV with approximately 25 tonnes of sheet steel loaded on a trailer.
The steel was being moved between Gladstone Steel Terminal and the quayside, using roads within the dock complex - a distance of around one and a half miles. As he slowed his vehicle on approach to a roundabout the load shifted and the sheet steel slid forwards and punched through the back of the cab, pinning him between his seat and the steering wheel. Mr Allen suffered crush injuries and died at the scene.
HSE inspector Kevin Jones said:
"The investigation identified a number of failings including a lack of planning and inadequate training for drivers. A key factor was the practice not to secure the steel but to rely upon the weight of the steel and friction to hold the load in place while the vehicle was moving. The transport of steel between the steel terminal and the quayside had been taking place in this manner for at least eight months, putting not only the drivers at risk but also members of the public using the roads within the dock complex. Employers must ensure that there is suitable and sufficient planning for transport operations, and make sure that loads are adequately restrained. Friction alone should never be relied upon to secure a load."
Ed a needless tragic loss of life - just because a load wasn’t secured.
On a brighter note I am expanding the number of topics covered in BRN - do
let me have feedback whether you appreciate the additional material!
Toxic Fumes Escape
Veolia (ES) UK Ltd, which runs a hazardous waste treatment facility in Bootle, has been fined £101,000 for an incident in April 2006 which caused the release of toxic fumes. The fumes led to 4 members of staff receiving medical treatment, and several members of the public reporting ill effects. The company has also been ordered to pay costs of £65,000.
Veolia ES (UK) Ltd pleaded guilty to 8 charges brought against them in a joint prosecution by the Environment Agency (EA) and the HSE before District Judge Abelson at South Sefton Magistrates’ Court.
The charges asserted that on 27 April 2006 the company breached a number of conditions of its waste management licence. The site accepted waste which it was not permitted to hold, and then stored this with other chemical waste. The resulting reactions caused toxic fumes to be released which affected members of staff and the public.
This bad situation was made worse as the emergency plans which the company had in place were not followed and were in hindsight considered inadequate by the HSE and EA.
Since the incident the company has carried out a full review of its procedures, and put in place safeguards to ensure this will not happen again.
Mark Easedale from the EA said,
“This incident highlights the importance of ensuring correct procedures are followed to ensure there is no harm to the environment when hazardous waste is being handled. This was a serious incident which could easily have been avoided. ”
HSE Inspector Daniel Longdon said:
“This prosecution should act as a warning to waste treatment operators. This was a totally avoidable incident had the proper procedures been in place and it was only through good fortune that the consequences were not more serious.”
Death in Nursing Home
Southern Cross Healthcare Ltd , which has over 730 care homes and approximately 37,000 beds nationwide has pleaded guilty to a breach of s3(1) HSWA and reg 3(1)(b) Management of Health and Safety at Work Regulations 1999 and was fined £40,000 for each count, making a total fine of £80,000.
They have also been ordered to pay £120,000 costs.
The case was brought after the death of an 82-year-old resident - who suffered from dementia - at the Brookfield Christian Care Home, Little Bury, Greater Leys, Oxford on 18 June 2003.
The elderly woman had wandered from her bed, opened a first floor window, climbed onto the window sill and then fell out, unobserved. The victim died as a result of the injuries she sustained in this incident.
Southern Cross Healthcare Ltd was found guilty of not fulfilling the duty of care for the safety of the home's residents. The company also failed to make suitable and sufficient risk assessments for people in their care.
HSE inspector Stephen Hanson-Hall said:
"This was an entirely preventable incident which resulted from a failure to control a well-recognised hazard. Sadly, in the nursing and care home sector this is a far too common cause of injury and death. Incidents like this can be prevented if safety systems are managed properly and if suitable risk assessments are undertaken. This tragic loss of life was preventable and could have been avoided at minimal cost to the company. It has also emphasised the need to provide adequate training for staff in recognising such hazards where vulnerable service users are present. HSE recognises since this incident, that Southern Cross Healthcare Ltd made significant changes to its health and safety systems to try to prevent similar incidents occurring in the future."
Ed Inspector Hanson-Hall is correct this is a regrettably common occurrence.
Construction site Fall
Laing O'Rourke Construction Ltd has been fined £80,000 and ordered to pay £10,000 costs by Liverpool Crown Court. The company pleaded guilty to a charge brought under the s2(1) HSWA in that they failed to ensure the health and safety of their employees during the construction work.
The incident happened on the 13 August 2007 at Liverpool One, the key development at Liverpool City Centre. William Taylor, fell over 3m during the construction of concrete stairs inside one of the main apartment blocks on the project. He sustained multiple serious head and other injuries and narrowly escaped falling 3 floors to the base of the building. Two other workers also escaped injury whilst working in the same unprotected area.
Health and Safety Executive Principal Inspector Nic Rigby said:
"This prosecution should act as a warning to all those involved in the management of construction work. It was down to chance alone that this incident did not result in a fatality. That risk would have been avoided had the planning and management of the work being carried out not been so deficient. The accident occurred because the company failed to make adequate risk assessments and plan a safe system of work. This accident happened on the 3rd floor of the building. Had the accident not occurred this same system of work would have been repeated on every one of the 12 floors of the building. A fall from that height would clearly have had much more serious consequences."
Teenager crushed by loader
Associated Waste Management Ltd of Brighouse, West Yorkshire, has been fined £75,000 and ordered to pay costs of £10,000 by Bradford Crown Court after pleading guilty to breaching s2(1) HSWA.
On 12 April 2007 the employee, working in the tipping area of the yard, was hit by a skip loader, which was reversing without the benefit of any visual aids, audible warning alarm or guidance.
HSE inspector Paul Robinson said:
"This incident was all the more tragic because it was avoidable. If the risks been assessed, equipment been properly maintained and if appropriate safeguards been put in place it might never have happened. If work on the site had been properly planned to ensure separation between employees and manoeuvring vehicles, and the movement of vehicles had been properly supervised, this young worker may still be alive today. Transport, and the failure to plan for the safe movement of vehicles, is a major cause of death and injury in the workplace. In 2006/2007 there were 50 deaths and 1,449 major accidents caused by vehicles at work. However, with careful management, most of these incidents could have been avoided. "
Electric Shock on trainline
Maintrain Limited, part of National Express Group has been fined £ 75,000 and ordered to pay £8,584 costs for breaching s2(1) and s3(1) HSWA after failing to ensure the heath and safety of people working in one of its maintenance depots.
The prosecution, brought by the Office of Rail Regulation (ORR), followed an incident on 16 February 2007 where a maintenance worker received an electric shock while working in Maintrain Limited's Soho light maintenance depot in Handsworth, Birmingham. The worker was removing a cover used to protect the train axles. The train, which should have been isolated, was electrified at the time.
He suffered significant muscle damage to his chest, had burns to his hands, and required treatment to his legs resulting in being off of work for two months.
An investigation by ORR's railway inspectorate found inadequate risk assessment by the company and a failure to implement safe systems of work.
Principal railway inspector for ORR, Darren Anderson said:
"This was a serious incident and shows the importance of proper planning and implementation of safe systems of work. It should be noted that the full voltage of 25,000 volts could have passed through the worker. It is therefore only through luck that the consequences of this incident were not even more serious. ORR's investigation highlighted several failings in Maintrain's procedures including inadequate risk assessments, a lack of training in the procedures for work on electrical systems and insufficient supervision. ORR will continue to press companies working in the railway industry to properly manage risks."
Disabled man left in the bath
Durham County Council has been fined £30,000 and ordered to pay £20,736 costs after admitting reaching s3(1) HSWA and reg 3(1) Management of Health and Safety at Work Regulations 1999
The HSE prosecution followed an investigation into the death of John Wood, a disabled man with severe learning disabilities and epilepsy. On 12 November 2006 Mr Wood drowned in the bath at Lilac Lodge in Bishop Auckland, a supported housing scheme administered by the council and staffed by its employees. Mr Wood had been left on his own in the bathroom for several minutes because the support worker present, who was the only employee in the house at the time, had left the bathroom to attend to other service users who also lived there.
The HSE investigation, described as "commendably thorough" by the judge, found that no suitable and sufficient assessment of the risks to Mr Wood's health and safety during bathing had been made. Furthermore, no safe system of work had been developed for the support workers to follow, despite Mr Wood having had epileptic seizures in the bath on at least three previous occasions.
HSE Inspector Richard Bishop, who led the investigation, said:
"This resulted in the staff developing their own systems of work, which were unsafe in that adequate supervision (in this case, constant supervision) was often not maintained, nor could it be maintained when only one person was working at Lilac Lodge. Constant supervision wasn't always maintained even when two support workers were present. The staff were not adequately trained, working practices were not effectively monitored, and previous similar incidents were not adequately investigated. Mr Wood's death was entirely preventable, though under these conditions, it was only a matter of time before it happened.
In health and social care, it is well established that for many service users, bathing can be a significant area of risk, be it from drowning or from other hazards such as scalding from high water temperatures. Wherever there are doubts about a service user's ability to protect themselves against these risks, as was clearly the case with Mr Wood, it is essential that a risk assessment is made, using the findings of the assessment to ensure appropriate control measures are implemented."
Young Boy Slides
Tameside MBC of Wellington Road, Ashton under Lyne, Greater Manchester has been fined £25,000 and ordered to pay £23,565 costs after pleading guilty to breaching s3(1) HSWA and reg3 (1) Management of Health and Safety at Work Regulations after a boy suffered injries on a nursery outing.
The outing on 7 June 2006 involved 20 children, aged between 4 to 11 years, visiting a public park. A four-year-old boy slipped and fell 24m down an accessible and unprotected steeply sloping channel into a debris filled culvert, where he became impaled on a tree branch and received serious internal injuries.
At a previous hearing at Trafford Magistrates Court Clockwork Day Nursery Ltd of Stamford Street East, Ashton under Lyne was fined £21,000 and ordered to pay £6,779.10 costs after pleading guilty to two charges. They appealed against the sentence but the fine and costs remained unchanged.
HSE Inspector Catherine Willars said:
"These cases are not about stopping children having fun. Thousands of similar trips take place up and down the country safely every year. Outings can be important for children's development - it keeps them fit, helps them learn social skills and a sense of responsibility. However, there is an obligation to protect vulnerable people from dangers. This was a serious incident that could have easily been avoided had simple, sensible precautions been taken by the Nursery and the Council.
Tameside MBC failed to recognise the potential for danger and did not make a suitable assessment of risks to the public, and in particular children, from the accessible and unprotected water channel. The Council have now acted to address the risks of the spillway and the Park remains open to the public.
The Nursery did not carry out a sufficient risk assessment for the outing and failed to ensure that the injured child was not put at risk. Children as young as 4 years old were allowed to play away from an 'agreed' area, unsupervised, for lengthy periods. This resulted in a group of children trying to cross the water channel during which a young boy lost his footing at the edge of the running water, slipped, and, with nothing to hold on to, fell 24 metres down a steep slope into a culvert filled with debris. Supervision is critical and should reflect the needs of the party, the activities being carried out, and the age and ability range of the children and the risks of the location. “
Footpath shock
London Borough of Tower Hamlets has been fined £15,000 and ordered to pay costs of £39,089 by the City of London Magistrates' Court, after being found guilty to breaching s3(1) HSWA.
In a separate prosecution, which related to this incident, T Cartledge Ltd of Chelmsford, Essex, has been fined £18,000 and ordered to pay costs of £14,555 after pleading guilty to breaching s2(1) HSWA. The company was working as a contractor for Tower Hamlets council.
On 3 October 2005, Martin Rose, who was an employee of for T Cartledge Ltd, was operating a mechanical breaker (which breaks up concrete), on the Old Bethnal Green Road, in Tower Hamlets. He was attempting to install a lamppost on the footpath and struck a live 132Kv electrical cable. Mr Rose suffered severe burns.
HSE investigating inspector Janet Seggery said:
"This is a dreadful case where the employer had failed to provide plans of underground electrical cables. If the company had simply provided the plans and had supervised the work, then this incident would never have occurred."
The HSE investigation showed that Tower Hamlets Council and T Cartledge Ltd had failed to provide Mr Rose with a copy of service plans which would have identified underground electrical cables and they did not supervise the work that was being undertaken.
The cost of not recycling
First Choice Coffee Ltd has been fined £15,000 and ordered to pay £1,600 costs after admitting failing to join a recycling scheme during 2006-7, amounting to six separate offences under Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and the Environment Act 1995.
The offences came to light during routine enquiries by the EA which administers packaging waste regulations under European Directive to reduce the amount of waste going to landfill.
First Choice Coffee of Tilbrook, Milton Keynes failed to respond to an enquiry from an Environment Agency officer who contacted them in May and July 2007 asking for information to determine if they were liable or not. Because she still had not heard from the company by October she served a statutory notice on the company secretary to provide the information.
A company representative contacted the Agency in November 2007 to say they were responding to the Notice, however, a reply was not received until 11 April 2008, almost a year after the first enquiry. The reply stated that the company was likely to be obliged to join a recycling scheme.
Company representatives said they had not replied earlier because a change in management meant the current management team was unaware of the letters. They had also failed to join a scheme because they had been unaware of the regulations.
They admitted the offences and asked for three further years of not complying to be taken into consideration when sentencing.
Mrs Anne-Lise McDonald, prosecuting, said the company had saved at least £5,970 by not registering with a scheme for five years.
Under the regulations a company with an annual turnover of more than £2million and handling more than 50 tonnes of packing a year has to register with the EA or a compliance scheme by 7 April each year, recover and recycle specific tonnages of packaging waste based on the amount handled the previous year, and provide the Agency with a certificate by 31 January of the year following to prove the targets had been met.
Every year the company fails to do that they commit three offences.
After the hearing Environment Agency officer Kathie Hughes said:
‘Money generated by this scheme funds public recycling centres so by not paying into the scheme companies are undermining the ability of these systems to work effectively. It is the company's responsibility to ensure compliance with all relevant legislation. The Agency will actively seek to enforce the Regulations against those that do not comply.’
Ed - I have dealt with these relatively rare cases. If management discover that their business has failed to register and/or acquire the necessary recycling credits they need to take advice swiftly!
Asbestos Risk
City of Bristol College of St George's Road, Bristol, and Barton Hill Settlement Limited of Ducie Road, Barton Hill, Bristol, both pleaded guilty to breaching s3 (1) HSWA at Bristol Magistrates Court.
City of Bristol College was fined £10,000 and ordered to pay costs of £18,922.53. Barton Hill Settlement Limited was fined £4,000 and ordered to pay costs of £6,000.
The HSE prosecuted the college and charity after a team of volunteers working in a building known as the 'Dug Out' in Barton Hill, Bristol, were exposed to asbestos-containing material during a renovation project in February 2005.
The 'Dug Out' is owned and managed by Barton Hill Settlement Limited and the volunteers were taking parting in a Prince's Trust Team Programme managed by the City of Bristol.
The Princes Trust Team removed a partition wall using hand tools and electric sanding machines, which resulted in the release of large amounts of dust and the contamination of the premises. Tests showed that the wall was made from Asbestos Insulation Board (AIB) and the premises had to be isolated and expertly cleaned-up. The issue of asbestos was not addressed in the risk assessment for the project.
Using this case to highlight the dangers of asbestos' exposure, HSE inspector Simon Edwards said: "Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres can increase the chance of getting an asbestos-related disease. When these fibres are inhaled they can cause serious diseases which are responsible for around 4000 deaths a year.
There are three main diseases caused by asbestos: mesothelioma (which is always fatal), lung cancer (almost always fatal) and asbestosis (not always fatal, but it can be very debilitating). Everyone is continuously exposed to a low level of asbestos fibres to some extent because asbestos was such a widely used material within buildings, machinery, vehicle brakes and homes until 1999, when most forms of asbestos were banned. However, working directly with asbestos containing materials - as the Princes Trust volunteers were doing in this case - can give personal exposures to airborne asbestos that are much higher than environmental levels.
Consequently, to avoid additional exposure caused by work place activities, the law requires the prevention or control (where prevention is not reasonably practicable) of exposure to asbestos from work activities and where this is not done, HSE will not hesitate to take robust enforcement action."
Ed - every month we carry asbestos related prosecution news.
Lift Maintenance
Tricon Construction Ltd, who trade out of Harbour Chambers, Dock Street, Dundee has been fined £10,000 by Dundee Sheriff Court after pleading guilty to a charges under s3(1) HSWA.
Two men were working to cap the lift shaft and were manoeuvring concrete lintels using scaffold as a means of access. Part of this scaffold was unstable and tipped when the workers stood on it causing the men to fall down the outside of the lift shaft.
The access scaffold had not been correctly erected and there was a gap of between 0.5 and 1.0 metres between the existing floor and the wall of the lift shaft.
HSE inspector Murray Provan commented after the case:
"This was a very serious incident which Sheriff McNair quite rightly identified as a possible double fatality. Gaps in the flooring of any workplace should be obvious to any reasonably diligent person. Falls from height continue to be the number one cause of fatal incidents in the construction industry in Great Britain and it is during refurbishment work, as in this project, that almost half of the fatal incidents occur. Competence, as highlighted in the recent Construction (Design and Management) Regulations, is the key to preventing such accidents, both in the management of site activities and in the individual worker possessing the skills and experience to complete the work properly and safely.
Director jailed for manslaughter
Colin Cooper owner and director of IC Roofing Ltd has been sentenced to 12 months in prison after being convicted of manslaughter at Hove Crown Court.
Cooper had previously pleaded guilty to health and safety offences and has now been banned from being a director of a company for three years. His company, IC Roofing, has been fined £10,000 for manslaughter and ordered to pay costs of £20,000.
On 29 November 2005, 20-year-old Darren Hoofe was employed by IC Roofing Ltd to carry out work at the Bellbrook Industrial Estate, Uckfield.
Mr Hoofe fell through a skylight onto the factory floor whilst carrying out roofing repairs. He was not wearing a safety harness and had not received full safety training. He died in hospital the following day from his injuries.
Amanda Huff, HSE inspector, said:
"The tragedy of Darren Hoofe's death is that it was easily preventable. Colin Cooper had previously received warnings from the HSE and if these warnings had been heeded, Mr Hoofe would not have been killed. If there is to be any positive outcome from this tragic death it has to be that employers realise the seriousness of breaches to health and safety legislation. Ignoring legislation puts people's lives at risk and can lead to serious consequences in court."
Joist causes Fall
Arthur David Fletcher has been fined £10,000 and ordered to pay costs of £6257.40 after pleading guilty to a charge under s3(2) HSWA when he appeared at Swansea Magistrates' Court.
Fletcher, of Dunvant Road, Swansea, was the principal contractor and manager of the site for a new supermarket and accommodation in Station Road, Penclawdd. He employed Dorian Skippon to undertake construction work, and on 30 June 2006, Mr Skippon was working with 3 others on constructing a temporary floor when a joist collapsed. He fell 2.5m onto the floor below, resulting in serious leg injuries.
HSE inspector Anne-Marie Orrells said:
"Falls from height are the single most common cause of fatalities in the construction industry, and Mr Skippon is still experiencing the effects of his injuries more than two years later. There were a number of serious failings which led to this incident. The risks of working at height were not properly identified or addressed, and no fall protection was provided for workers.
Despite this incident, an unannounced inspection by HSE just over a month later showed that there was still a failure to manage risks from working at height, including an absence of guard rails on scaffolding, poor access from the building to external scaffolding and unprotected openings which were large enough for workers to fall through."
Ed – Fletcher was convicted as a self employed person under s3(2) HSWA, which imposes a duty on every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.
Forklift Tragedy
Townley Dyestuffs Ltd of High Street, Tarporley, Cheshire has been fined £10,000 and ordered to pay costs of £6,963.25 after pleading guilty to a breach of s2(1) HSWA following the death of an employee.
The court heard that the incident happened when a 1.1 tonne container of dye slid off the front of the forks of a forklift truck crushing employee Mark Kiveal. The accident happened at the company's premises on the Manway Business Park, Canal Road, Timperley, Cheshire. Two containers had successfully been emptied before the third slipped causing the incident.
Health and Safety Executive inspector Richard Clarke said:
"This was a tragic accident that could have been prevented had a safe system of work been in place. The container had a specialist mechanism for emptying it, but an improvised method was used when the incident happened. Two containers had successfully been opened and an attempt to unload the third was taking place when it slid off the front forks of the truck and tragically crushed Mr Kiveal. Employers have a responsibility to ensure that the right equipment is used for the job and to ensure that loads are safely secured. That wasn't the case in this incident, which sadly led to the loss of a man's life."
Liquid Zinc Burns
Worksop Galvanizing, of Claylands Avenue, Worksop, has been fined £7,000 and ordered to pay costs of £4,465 by Worksop Magistrates after pleading guilty to breaching s2 (1) HSWA by failing to ensure the safety of its employees.
Peter Allen, 37, of Worksop, was on his third shift at the factory when wires holding a beam being lowered into a bath of molten zinc broke. One end of the beam fell into the bath (the biggest in Europe - 21m long, 1.5m wide, and 2.7m deep) and splashed zinc over him. His body and face were badly burnt and his eyesight has still not recovered.
Investigations revealed that the company was relying on workers estimating the weight of beams rather than measuring them.
Health & Safety Inspector David Butter, said:
"Working safely isn't just about protective equipment, it's about every worker being trained to do their job with minimum risk. Experience told Mr Allen's colleagues to get out of the way fast when the wire broke, but he was too inexperienced to realise what was happening quickly enough and was badly burnt. Workers were also deciding what strength of wire to use purely by estimating, and in this case didn't use different strengths to take into account that the beam was heavier at one end than the other. Worksop Galvanizing is now weighing and assessing beams properly, and HSE is updating its formal advice to the industry to promote this as best practice."
Ed - this sort of accident begs the question how many managers actually know what is happening in their own workplaces?
Door comes loose
F & R Cawley Ltd, of 1 Covent Garden Close, Luton, has been fined a total of £5,900 and ordered to pay £2,131 in costs by Luton Magistrates' Court. The firm admitted breaching reg 5 PUWER and reg 5 MHSWR.
On 7 December 2006, an employee of F & R Cawley Ltd was emptying the skip, which required it to be lifted in the air and tipped so its contents fell into the back of a truck. Whilst this operation was being carried out the skip's large metal doors, which weighed 14kg each, came loose at the hinges and fell off. One struck and cracked the pavement and the other hit the employee in the head, causing a four inch cut. He was taken to hospital and was off work for five weeks.
An investigation by the HSE found the skip doors had been removed and refitted during a refurbishment. The 'in-house' welders undertaking the work had not been given instructions to follow for the safe refitting of the doors. Additionally the company had no monitoring system to ensure this safety critical matter was picked up before the skip left the workshop.
The company was fined £3,300 for breaching the MHSWR and £2,600 for breaching PUWER.
HSE Inspector Graham Tompkins said:
"This was a foreseeable accident that had the potential to cause serious and even fatal injuries. It was easily preventable through simple communication and a basic monitoring system to ensure the safety critical instructions had been adhered too. HSE will not hesitate to take action against those who fall short of the law in such a way."
Ed - Regulation 5 Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair..."
Regulation 5 Management of Health and Safety at Work Regulations 1999 states: "Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures."
Gas Safety
Aruna Pravin Kukadia has been was fined £5,000 with costs of £3,719 after pleading guilty to a breach of reg36(3) Gas Safety (Installation and Use) Regulations 1998.
In May 2006, the HSE received a complaint about an incident in February 2006 involving a property owned by Mrs Kukadia in Portinscale Road, Wandsworth. The complaint involved a heating system which was believed to be causing carbon monoxide leaks.
The HSE investigation showed that there was insufficient evidence for this, but a series of letters was sent to the defendant by the HSE to obtain the annual safety check records, which are required to be carried out and retained by any landlord who is renting out a property which has gas appliances.
The records that were obtained from the defendant and the residents showed there were two gaps when the flat had been occupied in 2002/3 and 2005/6 and no annual landlord check had been produced.
The court heard that Mrs Kukadia had rented out 23 London properties and a series of other similar failures had occurred. It also heard that she had been provided with previous advice from the HSE in 2004, including letters and a leaflet clearly advising on the safety checks she later failed to carry out. On that occasion the HSE eventually used an Improvement Notice to ensure one of her properties was checked.
Health and Safety inspector Andrew Verrall-Withers, said:
"I hope this case sends out a clear message to landlords who may be tempted to cut back on safety checks thinking that nothing will be done unless someone is harmed. We need landlords to make sure their gas appliances are maintained to a safe standard and an annual check must be carried out and recorded. This is a time when many buy-to-let landlords are under a lot of pressure, but they must make sure they don't cut back on maintenance costs and put their tenants in danger".
Scaffolding Woes
Peter Ernest Jones Ltd, based in Clanfield, Hampshire has been fined £5,000 and required to pay the full costs of £1,543.20 by Portsmouth Magistrates' Court after pleading guilty to contravening reg 10 Construction (Health, Safety and Welfare) Regulations 1996.
The prosecution followed an incident at a construction site, a development of new and converted houses, in Southsea on 27 February 2007. A worker crossed the site, to make tea, when a five foot scaffold pole fell on him from a scaffold being dismantled. There was no segregation between scaffolding work and other site workers. The employee suffered severe injuries including partial paralysis. A year and a half later, it is still unclear if he will ever regain his health.
HSE inspector, Joanna Woodcock, said:
"Falling materials pose a significant risk on every site. Even a small element of scaffolding can cause significant injury or death. Those in control of scaffold operations should keep others out from below because it only takes a simple human error to drop something".
Ed - Regulation 10 Construction (Health, Safety and Welfare) Regulations 1996 states: Suitable and sufficient steps shall be taken to ensure that the ....dismantling of any structure (including a scaffold) which gives rise to a risk of danger to any person, is planned and carried out in such a manner as to prevent, so far as is practicable, such danger.
Gas Leak
Supaglazing Ltd has been fined £4500.00 and ordered to pay costs of £4500.00 after pleading guilty to breaching reg8(1) Gas Safety Installation and Use Regulations 1998.
Supaglazing Ltd, based in Strood, put a young boy and his mother at risk of carbon monoxide poisoning after making alterations to a domestic property on 11 November 2007 in Maidstone. The work carried out adversely affected the safety of the gas fitting.
The company built a conservatory at the premises which completely enclosed the external flue of a gas boiler, affecting the operation of the boiler and causing a build up of carbon monoxide within the property.
Lisa Skinner, HSE inspector, said:
"We are pleased that justice has been done today. A 12 year old boy was hospitalised as a result of this incident. If his mother had not returned home later than usual that day she too may have been exposed to the build up of carbon monoxide and this could have resulted in a double fatality. It is essential that companies who carry out work on homes that affect existing gas fittings adhere to the guidance given, including the Gas Safety Installation and Use Regulations 1998 and its approved code of practice, to stop incidents like this from happening again."
Ed - Regulation 8(1) Gas Safety Installation and Use Regulations 1998 states that: no person shall make any alteration to any premises in which a gas fitting or gas storage vessel is fitted if that alteration would adversely affect the safety of the fitting or vessel in such a manner that, if the fitting or the vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these regulations.
Reversing Van causes Injury
Fox Group (Moving & Storage) Limited has been fined £3,515 and ordered to pay £2,000 costs by Skegness Magistrates after pleading guilty to breaching the MHSWR and contravening reg 9 (1) PUWER, for failing to undertake sufficient risk assessment and training for employees.
On 30 June 2007, Steven Millward (43) from Louth was acting as a banksman, seeing a removals van back into a space when he became trapped between the van and a brick wall. He was taken to hospital where he stayed overnight, due to bruising and a suspected blood clot. Mr Millward returned to work two weeks later.
Steve Woods, HSE inspector said:
"Sadly this is an all too familiar incident in the removals and haulage business. Acting as a banksman may be seen as a straightforward routine task but it is still potentially dangerous and companies have a duty to ensure that staff are properly trained, that safe systems of work are in place and that all movements of vehicles are properly supervised. In this case Mr Millward was fortunate that the lorry stopped and his injuries were not severe but the risk was there and not dealt with adequately.
Fox Group have acknowledged the need to change their systems of work and we would urge all employers in the industry to review, and where necessary, revise their safety procedures."
Asbestos Ceiling Tiles
Scriven Electrical Contractors Ltd of Cornwallis Road, West Bromwich has been fined £3,000 and ordered to pay £2,757 in costs, by West Bromwich Magistrates for breaching reg10(1)(a) Control of Asbestos Regulations 2006 for failing to ensure that adequate information, instruction and training was given to its employees.
The court heard that an electrician employed by Scriven installed three heat detectors and associated cabling in a commercial sized kitchen and boiler room of premises in Barclay Road, Smethwick. Although the ceiling tiles contained 5-50% brown asbestos no asbestos awareness training was given by his employer prior to commencement of the work, despite a legal requirement.
Speaking after the case, HSE inspector John Healy said:
"Scrivens should have known of the dangers and the legal requirement to give sufficient training to protect employees from exposure to asbestos because 98% of their work involves the risk of encountering asbestos. Those responsible for employees ordinarily have a legal duty to protect their health and safety but, in the case of asbestos those involved in building or refurbishment must know that any disturbance of such a dangerous material should only be completed by trained workers.”
Electricians, plasterers, plumbers and carpenters are all at risk of exposure to asbestos in buildings erected or refurbished before the year 2000 and across the whole of the West Midlands Region one person dies a painful death every three days from mesothelioma and these deaths are almost exclusively people who have previously been exposed to asbestos.
The number of asbestos-related workplace deaths exceeds the figure of deaths in road accidents but many workers, particularly tradesmen, think that they are not personally at risk of exposure to asbestos or the diseases it can cause. They think that since asbestos was banned many years ago, the problem has been dealt with and therefore it is not relevant to them. The reality is very different.”
Ed - Regulation 10(1)(a) of the Control of Asbestos Regulations 2006 which states that:
Every employer shall ensure that adequate information, instruction and training is given to those of his employees who are or who are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of
the properties of asbestos and its effects on health, including its interaction with smoking,
the types of products or materials likely to contain asbestos,
the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,
safe work practices, control measures, and protective equipment,
the purpose, choice, limitations, proper use and maintenance of respiratory protective equipment,
emergency procedures,
hygiene requirements,
decontamination procedures,
waste handling procedures,
medical examination requirements, and
the control limit and the need for air monitoring,
in order to safeguard themselves and other employees."
Dangerous Goods
On 20 November 2008, at Dunkirk, Janusz Gauden, a 56 year old Polish lorry driver arrived and attempted to board a British ferry bound for Dover. He declared that he had 383kg of Dangerous Goods (Methyl Methacrylate Monomer Stabilized) on his load. The ferry operator identified that the driver did not have the correct documentation and refused permission to board.
Mr. Gauden then went to Calais where he managed to board a Sea France Ferry carrying 228 persons without declaring the goods.
The Dunkirk ferry operator had sent an alert to Sea France to be on the look out for the driver but this information arrived after the vessel sailed with the undeclared dangerous goods on board. The ferry operators informed the Maritime & Coastguard Agency enforcement unit who immediately alerted the police at Dover Port.
The driver was stopped and arrested as the vehicle disembarked from the ferry at Dover. He was later charged with contravening the Merchant Shipping (Dangerous Goods & Marine Pollutants) Regulations 1997. Janusz Gauden pleaded guilty and has been fined £2000 and ordered to pay £3757.98 costs.
In passing sentence the Magistrates said;
"This Court takes the safety of the public very seriously. You are an experienced driver and did a deliberate act. You endangered the crew and everyone on board and the potential for disaster was driven by monetary reasons."
Keith Bradley, MCA hazardous cargo adviser said;
"Methyl Methacrylate Monomer is inflammable and if subject to heating, such as in a fire, the product can become explosive and causes toxic fumes. For those reasons, it is important for the ships Master to know that he has the product on board and to be aware of the emergency procedures to follow."
Cash Back
Gerald Leslie Hemming, who traded under the name of Hemmings Leisure Ltd has been fined £2,000 by Solihull Magistrates Court, as well as being ordered to pay back over £3,500 in unpaid fees to a comedian, three musical acts and a magician, along with £2,000 in costs.
Bootle-born comedian Tom O'Connor failed to see the funny side when he didn't get the fee owed to him by Hemmings Leisure after a corporate awards dinner in Solihull.
After receiving £1,300, he said "I'm delighted that this dispute has been resolved. I hope that this acts as a warning to any other promoters who are tempted to hold on to artists' fees."
Jon Cox, a musician and member of the band Groove Machine, got back £1,400. He had performed in Stratford-upon-Avon but Hemmings refused to pay any of his fee.
Mr Cox said:
"I've been in the music business for 24 years, and this has never happened to us before. Performers like us work hard and can't afford not to be paid. If you're a musician, be sure that your agent is going to honour their part of the deal". Terry McGrath of Eureka New Orleans Marching Band Jazz won back money, while a magician and a country and dance act were also compensated.
Minister for Employment Relations, Pat McFadden said:
"Cheating comedians and exploiting entertainers is no laughing matter. They have employment rights too and we will stick up for them. I am pleased to see that the individual responsible has been brought to justice for what is a clear breach of the law."
Upon sentencing, District Judge Nigel Cadbury called Mr Hemming's actions "serious deceitful, despicable behaviour and not the behaviour of an ordinary decent businessman".
The Employment Agency Standards inspectorate received complaints from entertainers who had not been paid their full fees by Hemmings Leisure. The EAS investigated the matter and brought the case to prosecution, winning back money for the performers.
Man Suffers Burns at Car Park
Trains (Rochdale) Limited has been fined £1,000 and ordered to pay costs of £2,000 by Trafford Magistrates Court after being found guilty of breaching s4(3) Electricity at Work Regulations 1989.
On 8 August 2007 an employee of Trains (Rochdale) Ltd, was operating a mechanical breaker (which breaks up concrete), at Nuttall Street, Rochdale. He was attempting to install a post and rail fence around a car park owned by Trains (Rochdale) Limited, located on the site of a row of demolished terrace houses. While breaking up the concrete he struck a buried live electrical cable receiving burns to his left hand and arm.
HSE investigating inspector Rosemary Leese-Weller said:
"This incident was easily avoidable. The employer had failed to provide plans of underground electrical cables and did not carry out scans of the area to locate any buried services. If the company had simply provided the plans, undertaken the scans and located the cable, digging in the area could have been avoided and this incident would never have occurred."
Ed –
Regulation 4(3) Electricity at Work Regulations 1989 states: "Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise so far as is reasonably practicable, to danger."
Fishy Business
The owners and skippers of 6 Newlyn fishing vessels who deliberately over-fished protected fish stocks for financial gain and an auctioneer who sold their fish were ordered to pay a total of £188,450 in fines and costs by a judge at Truro Crown Court on 6 January 2009.
The owners and skippers had been convicted following two earlier court hearings in 2006 and 2007 of a total of 114 specimen charges of failing to submit landing declarations that accurately indicated the quantities of each species landed.
The deception related to illegal landings of fish between April to September 2002. The specimen charges totalled fish to the value of £141,000.
Fish auctioneers, the partnership of W. Stevenson and Sons, of Newlyn which was also convicted of failing to supply accurate sales notes of the fish is subject to confiscation proceedings under the Criminal Justice Act 1988. They face confiscation of any assets acquired through illegal fish trading. Those proceedings are still ongoing.
The partnership's auctioneer Julian Bick, 44, of Newlyn was convicted at Truro Crown Court in October 2006 of four counts of aiding and abetting W. Stevenson & Sons has been fined a total of £12,000 and ordered to pay £6,000 costs.
The boats targeted and landed high value quota species of fish such as cod, hake and anglerfish but then mis-described them on documents supplied to Defra as non-quota species like ling, turbot and bass.
The court heard it was a deliberate well organised deception to avoid the quota restrictions which aim to protect fish stocks and allow fishermen to take their fair share.
Instead, the scam allowed vessels' owners to maximise their profits because they did not have to buy or lease in the quota for the species they had actually caught - even though it was available throughout the investigation period.
The six vessels were: The Carol H; the Ajax; Girl Patricia; Ben Loyal; Ben My Chree and CKS.
Owners of the Carol H, Barney Thomas, 56, Cynthia Thomas, 54, of St Ives and their skipper Philip Mitchell,39, of Newlyn were fined £10,500 each for seven counts of submitting false landing declarations and ordered to pay £34,000 total costs.
Owners of the Ajax, Barney Thomas, 56 and Cynthia Thomas, 54, of St Ives were fined £8,000 each and their skipper Raymond Knight, 62, of Manaccan £2,400 on eight counts of submitting false landing declarations. Total costs were £2,400.
Owners of Girl Patrica, Leonard Williams,72,of Newlyn and his skipper Arthur Williams, 47, of Newlyn were fined a total of £9000 each on nine counts of submitting false landing declarations. Total costs were £14,000.
Owners of the Ben Loyal, Donald Turtle, 83, of Newlyn and Joan Turtle, 72, of Newlyn were fined £3300 each and their skipper John Turtle, 47, of Heamor was fined £11,000 for eleven counts of submitting false landing declarations. Total costs were £6,150.
Owners of the Ben My Chree, Jonathan Hicks, 50 and Doreen Hicks, 83, of Newlyn were fined £2,000 each and their skipper James Hicks, 54, of Newlyn was fined £4,000 on four counts of submitting false landing declarations. Total costs were £7,000.
Skipper of the CKS, Drew Davies, 40, of Goldsithney, was fined a total of £6,000 on six counts of submitting false landing declarations. Costs were £7,400.
After the case a senior MFA spokesman said:
"This was an environmental and financial crime. Quota was available for these species of fish throughout the investigation period. This deception was done for financial gain - not to avoid discarding fish. And these activities both endangered fish stocks and penalised legal fishermen by depressing prices. The investigation by fishery officers was detailed and painstaking due to the well organised nature of this deception. The defendants denied their offending to the last moment which led to protracted legal proceedings."
River Pollution
A water company whose careless operational practices decimated the aquatic life in a local river has been fined £125,000 and ordered to pay £21,335 in clean up and investigation costs.
Thames Water Utilities Limited, Britain’s largest water company, pleaded guilty at an earlier hearing to allowing a large quantity of industrial strength chlorine to spill into the River Wandle from its Beddington Sewage Treatment Works near Mitcham, South London in September 2007.
It took 3 days for the EA officers, helped by members of the Wandle Trust and local angling clubs, to remove two tonnes of dead fish from the river.
An experienced Environment Agency officer at the scene said that it was the worst pollution incident he had ever dealt with.
Croydon Crown Court heard that on 17 September 2007 EA officers received reports from local residents and anglers of hundreds of dead and distressed fish in the River Wandle in the Mitcham area. The residents also reported a strong smell of chlorine, and the water turning a milky colour. Local people along the river attempted to rescue some of the distressed fish by transferring them from the river into buckets of clean water, but they were too late. One local man rescued a large number of eels, but found they were bleeding from the gills and they all later died.
The pollution spread downstream for nearly 5km and had a catastrophic impact, killing the majority of the fish in the river, including chub, roach, dace, gudgeon, barbel and eel. It also bleached and killed much of the normally green vegetation that grows along the channel bed. It affected the Wandle’s highly valued recreational areas such as Poulter Park, Ravensbury Park and the National Trust site at Morden Hall Park.
The River Wandle is a well known chalk stream and tributary of the River Thames that flows through parts of Mitcham, Morden, Wimbledon and Wandsworth in South West London, cutting a green swathe through these heavily urbanised areas.
Historically the river has suffered extreme pollution and was even officially declared a sewer in the 1960s. But over the last 20 years it has become a vibrant rich habitat due to better environmental regulation, a fish stocking programme and huge local enthusiasm for the river which has resulted in a vast improvement of water quality.
Before the pollution in 2007 the Wandle had become well known as one of the best urban coarse fisheries in the country which supports wide a variety of species. It could take up to 10 years for the river to fully recover and the fish stocks to return to pre- incident standards.
Environment Officer Peter Ehmann – who was one of the first on the scene, said:
“This pollution effectively wiped out 20 years of painstaking restoration work on the River Wandle. For many years individuals and organisations, including the Environment Agency and the Wandle Trust, have achieved great improvements to water quality and aquatic life in the Wandle. This incident is a major set back to all their hard work.”
A Thames Water Utilities Director was formally interviewed by Environment Agency officers on the 28 November 2007 and confirmed that sodium hypochlorite was released from Beddington Sewage Treatment Works during a cleaning operation of the tertiary treatment plant.
A Thames Water scientist on site noticed the strong smell of chlorine in the outlet channel and instructed the staff cleaning the plant to stop their work, before informing the site manager. The site manager decided that ‘very limited damage’ would occur to the environment and they would deal with the incident internally. The EA was not informed. It was not until members of the public reported the incident to Thames Water more than an hour and a quarter later that they realised the severity of the pollution.
After the sentencing Mr Ehmann said:
“We are pleased that the court has recognised the gravity of this incident and hope that other operators to ensure they have appropriate procedures in place to better protect their local environment and community.”
Waste Warning
A Hertfordshire skip hire company and its director who repeatedly ignored warnings from the Environment Agency to legalise a waste transfer station were ordered to pay a total of £33,000 in fines, costs and compensation.
John Caulfield, of Canberra Gardens, Luton, Bedfordshire and his company Caulfield and Son Limited, based at Black Barn, Childwickbury, Hertfordshire, pleaded guilty to 5 offences each of depositing, permitting, keeping and treating controlled waste without a Waste Management Licence or Environmental Permit at St Albans Magistrates Court on 5 December 2008.
Caulfield and Son Limited has been ordered to pay a total of £16,000 in fines and £7,636 compensation to the Environment Agency plus costs of £3736.78. John Caulfield has been fined a total £4,000 plus £2119 in compensation for his involvement as the sole director of the company.
During a visit to Black Barn on 18 January 2007 officers from the Environment Agency and Hertfordshire County Council found stockpiles of controlled waste including construction and demolition waste, green waste, waste soils, scrap metal, wood, and general household waste such as a fridge and mattresses The Environment Agency then wrote to the company and Mr Caulfield warning them that they were operating illegally and should stop and arrange for the waste to be moved to a suitably licensed facility.
However, during further visits in August and October 2007, officers found that not only was the site still operating, but more waste had been accepted. Another letter was sent to the company following the August visit reminding them that their continued intake of waste was an offence, and the company was asked to put forward an authorised representative to be interviewed under caution.
During an interview with Environment Officers in October 2007, Mr Caulfield admitted that he was in control of the site and had been director of the company since 1988. He told officers that waste would enter the site in company skips and be deposited on the ground for sorting before being taken off site for further recovery or landfill. Mr Caulfield also admitted that he had received letters asking him to stop but that waste was still being imported to the site. He said that he was not aware of the need for the Waste Management Licence.
Two further visits took place in June and November 2008. On both occasions the site was operational.
Environment officer Victoria Owen said:
“Mr Caulfield and his company blatantly ignored repeated warnings to stop their operation and seek the correct licence. This meant that for several years waste which should have been subject to regulation was being handled and treated at the site. Ignorance of the law is not a defence, and we are pleased the court has deemed this a serious case by handing out a significant fine both to the company and to Mr Caulfield himself. Waste company directors should be aware of the correct way to run their sites to ensure they are not harming the environment or breaking the law. Anyone in any doubt as to their liabilities should contact us immediately for further guidance.”
VAT Fraud
Raymond Cox from Staffordshire was originally jailed with five other men for a total of 47.5 years in 2007. The gang each faced a confiscation hearing to recover their share of an estimated £85 million fraud. Cox's confiscation order has been the largest in this case so far.
Following Cox prosecution he was jailed for 12.5 years and disqualified as a company director for 10 years. A confiscation order was issued this month.
His realisable assets include overseas company assets, holdings and accounts totalling £3.8million, an apartment in Spain worth approximately £260,000, a Rolex watch valued at £2500, £2.6million in cash in part following the sale of a mansion in Staffordshire, a helicopter, a sealine motor yacht and a performance car collection.
The original case followed one of the biggest ever investigations by HMRC, involving nearly 100 mobile phone traders, and two separate criminal trials prosecuted by the RCPO. The gang were behind an £85 million international VAT fraud.
Andrew Pavlinic, HMRC Assistant Chief Investigation Officer South West, said:
"The confiscations for this gang and for Cox in particular show our work, in partnership with the RCPO, doesn't stop when criminals are sentenced. Together we strive to reclaim their fraudulent profits and return the money to the public purse. Together we will not hesitate to bring this type of case before the courts. I would urge anyone with information about tax fraud to call the Customs Hotline on 0800 59 5000."
Cox was ordered to repay £6,831,340 in total - he must pay £2.6million by 23 February 2009 and the remaining balance by 25 January 2010 or return to prison for 28 days. Following on from Cox's confiscation, another gang member Brett Simon Issitt from Todmorden, Lancashire was ordered to repay £107,963.95 yesterday (Tuesday 27 January) - Issitt must pay £57,000 within 28 days and the remaining balance within 12 months or serve a further 12 months in jail.
Ed - don’t you just love the cannon!
Cigarette Duty
Three people have been jailed for a total of over 18 years after being found guilty of evading in excess of £1.7 million in duty by smuggling large quantities of cigarettes into the UK concealed in concrete beams.
The smuggling operation was broken in June 2007 when 1.1 million cigarettes were discovered by HMRC officers at Dover's Eastern Docks. The officers stopped a Polish registered lorry bound for a yard in Southampton and during a search of the vehicle discovered the cigarettes hidden in the load of concrete beams.
HMRC investigators carried out enquiries and established that Latvian nationals Sergejs Frolovs, Jana Sanina and Ruslans Rudzitis were involved in the frequent smuggling of cigarettes into the UK since 2002. It is estimated that these importations totalled over 12 million cigarettes.
Frolovs had opened over 20 bank accounts in the UK, using false identities, including a fake Danish passport. Via this means, he was able to launder the proceeds of his offences.
The defendants gave the authorities the impression they were migrant workers or students on low incomes.
On 19 December 2008 at Maidstone Crown Court, Frolovs was found guilty of conspiracy to evade duty and 20 counts of money laundering. Sanina was found guilty of conspiracy to evade duty and five counts of money laundering. Rudzitis was found guilty of conspiracy to evade duty.
Folovs has been sentenced to serve 10 and a half years, Sanina has been sentenced to serve three years imprisonment and Rudzitis to five years imprisonment.
Malcolm Bragg, HMRC's Assistant Director of Criminal Investigation South said:
"Our investigation has led to the successful prosecution by the Revenue and Customs Prosecution Office of three people responsible for the large scale smuggling of cigarettes over a period of many years. Smugglers are criminals who don't care who they sell to, even children."
In sentencing, His Honour Judge MacDonald, QC, said of the main defendant, the Frolovs, that he 'was a consummate liar, who considered himself above the law'
Laundering
Four members of a money laundering gang have been ordered to pay back criminal profits totalling £654,678 or face a total of eight and half years in prison.
The two men and two women were members of a criminal gang of 12 sentenced in 2008 for offences of money laundering, involving £332,000, and evasion of £236,000 in excise duty. One gang member was also sentenced for Housing Benefit fraud.
At the confiscation hearing at Bournemouth Crown Court the four were ordered by His Honour Judge Harrow to repay the following:
Peter Robinson of Poole, Dorset, was ordered to repay £470,000. Of this, he is required to pay £225,000 immediately, which is currently in a restrained account. The balance must be paid within six months. Failure to comply will result in a three and a half year prison sentence.
David Munroe of South Shields, Tyne & Wear, was ordered to repay £137,678 within 14 days or return to prison for three years. This money is already restrained in a bank account.
Carol Slesser of South Shields, Tyne & Wear, was ordered to repay £32,000. She has seven days to pay £12,600, which is in a restrained bank account, and six months to pay the balance or serve a 12 month sentence.
Beatrice Ann Pearce of South Shields, Tyne & Wear, was ordered to repay £15,000 within six months or serve a 12 month prison sentence.
A fifth person, Joseph Munroe, received a 'nil' confiscation order, as the Judge decided that he had not benefited from the proceeds of crime.
Andrew Pavlinic, HM Revenue & Customs Assistant Chief Investigation Officer, said:
"These confiscations show our work, in partnership with the Revenue and Customs Prosecutions Office (RCPO), doesn't stop when criminals are sentenced. Together we strive to reclaim their fraudulent profits and return the money to the public purse. We will not hesitate to bring this type of case before the courts."
The gang leader Peter Robinson, who had changed his name by deed poll and used three aliases, was arrested at his Poole home in September 2006, along with accomplice Philip Fendley, when 1.5 tonnes of tobacco were found in two vans. A further stash of tobacco and 377,000 cigarettes were found in storage units in Poole. The duty evaded on these items was estimated at £236,000.
Several bundles of cash (the proceeds of crime), amounting to some £126,000, were seized from Robinson's house. The cash was wrapped in cling film and hidden in the loft, bedside cabinets and under his bed in a cool bag. On 24 January 2008, this cash was ordered to be forfeited, by magistrates at Bristol, under the Proceeds of Crime Act.
Double Accounting
A company director from Worcester who kept two sets of accounts, one for the taxman and one for the purpose of diverting cash to an offshore bank account in Jersey has been jailed for 18 months.
Jonathon Dominic Cronin, 45, of The Granary, Wootons Farm, Worcester, embezzled more than £220,000 through his security systems company over a six year period by failing to declare VAT, income and corporation taxes to HM Revenue & Customs.
Directors who believe they can siphon off funds to enhance their personal lifestyles are stealing money directly from the taxpayer and should think again. We will take every action to pursue and uncover their illegal activities and bring these criminals before the courts."
A Confiscation Order will be pursued to reclaim the proceeds of his crime.
This case was brought y the Revenue & Customs Prosecutions Office (RCPO). RCPO is an independent prosecuting authority that reports to the Attorney General, and is responsible for the prosecution of all HMRC cases in England and Wales.
Olympic Village Costs Increase
The Government has announced further funding from the £9.3 billion London 2012 Olympic budget has been allocated to support the building of the Olympic Village and media centres.
The Games' overall £9.3 billion budget remains unchanged and the government assures us that the contingency remains sufficient to cover the remaining risks to the project.
A total of £394 million has been agreed from the Olympic Funders Group contingency, the part of the budget designed to guard against risks outside the control of the Olympic Delivery Authority (ODA). Separately, £67 million has been released from the ODA's programme contingency.
The use of part of the contingency funds contained in the budget
- an additional £326 million towards the Olympic Village and £135 million towards the International Broadcast and Main Press Centres (IBC/MPC) - is needed to meet a shortfall in private sector funding as a result of the global economic downturn.
Olympics Minister Tessa Jowell said:
"The Village and media centres are absolutely essential to a successful London Games with a real lasting legacy. With private sector funding now much more difficult to secure because of the global economic downturn, it is right that we take steps to safeguard these projects. The extra funds we have allocated today come from existing contingency funds within the overall £9.3 billion budget. Lower than anticipated construction inflation and good progress across the project has reduced risks, meaning that the overall budget is unchanged and enough contingency funds remain. We are determined to deliver the games within budget. The increased public investment in these projects also means that the public purse will receive a greater share of receipts when they are sold after the Games."
The £326 million extra funding for the Olympic Village includes £95 million announced last year and will allow works to continue whilst the ODA continues to negotiate with private developer Lend Lease, and the banks, regarding private investment for the Olympic Village.
Negotiations are also continuing with Registered Social Landlords (RSLs) in relation to the provision of affordable housing which also contributes to the funding of the overall project.
The Village will house up to 17,000 athletes during the Olympics and over 6,000 during the Paralympics. After the games about one third of the apartments will be available as affordable housing.
The IBC/MPC - which will house approximately 20,000 journalists and technical staff from around the world - will now be funded entirely from the Olympic budget. Following cost reductions of £25 million, the total public funding for the project will be £355 million. In addition to the original £220 million public sector funding, £135 million contingency will be required comprising £68 million from the Funders Group contingency and £67 million from the Olympic Delivery Authority's programme contingency. The public sector will retain ownership of the asset and receipt of all revenues from its sale after 2012.
The new budget includes funding to ensure that the buildings left in legacy have the flexibility to be adapted to a wide range of uses, to maximise the potential employment opportunities after the Games.
The IBC/MPC are still planned to be built as permanent structures with some temporary elements for the Games. They will be based at Hackney in the north-west corner of the Olympic Park as originally planned.
It’s a Bees Life
An extra £4.3 million to safeguard and undertake more research into the health of bees has been announced by Environment Secretary Hilary Benn.
The Secretary of State said that nearly £2.3 million over the next two years would support the work of the National Bee Unit in its efforts to help England's beekeepers deal with the problems facing their bee colonies. This will include identifying all those who keep bees and providing expert advice to them on tackling pests and diseases and applying good husbandry.
In addition, Defra will put an extra £400,000 towards bee health research every year for the next five years. This extra funding - a total of £2 million - forms part of a comprehensive bee health strategy, which is under development.
Over the last 2 years Britain's bee colonies have suffered significant losses due to a combination of potential issues including the weather, the varroa mite, and other factors requiring further investigation by researchers.
Speaking at the Royal Society of Chemistry, Mr Benn said:
"Bees are vulnerable to a number of threats. Pests and diseases, when combined with poor summers can leave colonies unable to survive the winter.
We must get to grips with this, to see just how serious a problem it is, what the impacts on pollination are, and what we can do in response.
So today I am announcing an additional £4.3 million of funding, targeted at bee disease surveillance, education and research. We must ensure that in meeting demand today we don't destroy our ability to feed ourselves tomorrow. We're trying to find ways of producing more food, for more people, using less energy, less fertiliser and less pesticide, while producing fewer greenhouse gases - and we've got to do all that with limited land and limited water.
I believe that we have the knowledge and the technology to do this, but the perfect storm of climate change, environmental degradation and water and oil scarcity, threatens our ability to succeed. It is science that will help steer us through that storm."
Ed – the Co-op has announced that it is to eliminate certain pesticides from farms where they have their bee colonies in an attempt to protect them. They have also stated that they cannot find scientists willing to investigate the link between pesticides use and the decline in bee colonies. As a country we are now having to import honey!
The tax man giveth?
HMRC announce a cut in the interest rates charged on late payments and paid on overpayments. The reduced rates cover quarterly instalment payments and early payments of corporation tax not due by instalments. The new rates take effect from 19 January 2009. Reduced rates covering late payments and overpayments of all other direct taxes, indirect taxes and national insurance contributions take effect from 27 January 2009.
Legislation effective from January 2009 now enables HMRC to act following Bank of England interest rate announcements much more quickly.
HMRC states that it continues to look at ways to simplify and harmonise the rules for interest charged and paid across all taxes and duties. In June 2008 a consultation document was published 'Interest - working towards a harmonised regime'. This was followed in November 2008 by a further consultation. The documents are available to view on the HMRC website.
More money for Councils
The government have announced £73.1bn for English councils next year a 4.2% per cent funding increase, despite the economic downturn. Details of the 2009-10 council finance grants, year two of the first 3 year settlement, have been laid before Parliament.
The Government hopes the average council tax increase to be substantially below 5%. The Minister for Local Government John Healey has written to councils warning that Government stands ready to take capping action.
The Minister is also visiting three councils in East London (Hackney, Greenwich and Newham) to see how they are making efficiency savings while improving services despite the economic downturn. Next week he will head to West London to continue his 'on the ground' investigation.
Local Government Minister John Healey said:
"Today's settlement gives councils a healthy 4.2% increase in funding next year, despite the economic downturn, so just like last year every council will get an increase in grant. Councils are facing tough budget decisions like the rest of Government but people rightly expect us all to tighten our belts. However any steps to make efficiency savings must maintain or improve vital local services that communities need. This balanced settlement confirms the provisional figures set out in last years three year settlement which has given councils the stability, flexibility and financial certainty to manage their budgets effectively. Council taxpayers have a right to know how councils are ensuring value for money on services, so this year - for the first time - councils will be required to include efficiency information on council tax bills.
I expect next year's average council tax rise to be substantially below 5% - I will not hesitate to help people by capping any excessive increase if I have to."
In a downturn the public expect every tax penny to be focused on service delivery. Local government like the rest of the public sector is expected to make 3% annual efficiency improvements. This means councils need to save £1.5bn a year, which is equivalent to £90 off the average council tax bill.
Cross Border Trade
The choice of law in contracts affects all UK businesses entering into contracts with companies or consumers overseas, as well as UK consumers buying goods or services from abroad. With an increasing market in trade with countries overseas, it is important that traders, investors and consumers have sound rules that allow people to have confidence in the legal effect of their contracts.
In April 2008, in launching a public consultation, the Government announced new proposals brought forward by the European Commission in this area. The “Rome I Regulation”, which will replace the 1980 Rome Convention, are meant to provide clarity over which law applies if a dispute arises over a contract made between people or businesses from different countries. The aim is to allow cross-border trade to continue with confidence.
In July 2008, following consultation with UK stakeholders and the Government's own analysis of the Regulation, the UK decided to participate in the Regulation. The European Commission adopted a decision to extend the application of the Rome I Regulation to the UK on 22 December 2008. The Regulation, which will be binding across the UK will come into force on 17 December 2009.
Announcing the UK's decision to participate in the Regulation and the outcome of the consultation, Lord Bach, Parliamentary under Secretary of State said:
“The decision to participate in the Regulation follows the successful removal of the United Kingdom's major concerns surrounding the original Commission proposal during negotiations. The Regulation now improves on the 1980 Rome Convention and will give greater certainty for business and consumers doing business in Europe. “
Automotive Support
The Government has announced measures with the aim of freeing up lending of more than £2bn for the automotive industry. The automotive industry employs nearly one million people from manufacturing to retailing and is estimated to contribute £10bn to the economy.
The elements of support that have been announced:
Guarantees to unlock loans of up to £1.3bn European Investment Bank (EIB) guarantees for investment in lower carbon initiatives
Loans or loan guarantees to support of up to £1bn of lending for lower carbon initiatives for non-EIB backed projects
Increased funding for training of employees under 'Train to Gain'
Business Secretary Peter Mandelson said:
"Britain needs an economy with less financial engineering and more real engineering. The car industry can and should be a vibrant part of that future. The steps we are taking today will help companies speed their way to becoming greener, more innovative and more productive. This is the route to securing jobs for the long term as we build a more balanced economy for Britain's future."
The measures include plans to agree a temporary framework with the European Commission to provide loan guarantees to UK automotive manufacturers and large UK automotive suppliers. These will be targeted at initiatives to reduce emissions and energy consumption.
The BERR inform us applications will be assessed on a case-by-case basis and that the Government is committed to ensuring that anything backed by the scheme:
Offers value for money to taxpayer;
Enables us to green Britain's economic recovery
Delivers significant innovation in processes or technologies for the long-term
Supports jobs and skills in Britain
Ed - There has been no date announced for the commencement of loans and loan guarantees under the framework since it is dependent on Commission clearance. It would seem that this is a wait and see scenario.
December House Price Index
House prices have sunk for the 8th month in a row, as the credit crunch continues to bite. December’s price index has been announced at 254.2 with the monthly change at -2%, bringing the annual change to -13.5%. This decrease continues the trend which has been ongoing since May 2008. The average price of a property is now £158,946, down from £183,659 this time last year.
Common Land
In Lewis, R (on the application of) v Redcar and Cleveland Borough Council (1) Persimmon Homes (Teesside) Ltd (2) [2009] EWCA Civ 3, an application had been made to register common land as a town or village green under section 15 of the Commons Act 2006 (section 15). The land had been used as a golf course and by local people (local users) for walking their dogs and children's activities. The local users usually gave way to golfers if play was in progress.
The High Court had upheld the council's decision to reject the application to register the land, because the local users had "overwhelmingly deferred" to the golfers' use. The applicant appealed.
The Court of Appeal dismissed the appeal. The court considered whether deference by the local users to the golfers' use meant that they could not claim a use "as of right" under s15. It held that the question to ask was whether the deference by the local users meant that their use was insufficient to make it clear to a reasonable land owner that the local users had been asserting a right. If the answer was yes, the local users' use was not a use "as of right".
Where there are competing uses of land, it will be a question of fact and degree whether one use has deferred to another, or whether there has merely been a reasonable degree of give and take. The case will interest developers, owners of land subject to use by third parties, and those applying to register land as a village or town green.
Site of Special Scientific Interest
On 8 January 2009, Natural England (NE) lodged an appeal against the High Court’s decision in the case of R (on the application of Boggis & Another) v Natural England & Another [2008] EWHC 2954 (Admin).
The case relates to NE’s notification of an area of retreating cliffs on the Suffolk coast as a Site of Special Scientific Interest (SSSI) for its geological interest. Nearby homeowners argued that this effectively prevented them from maintaining a sea defence to protect their homes from sea erosion and brought judicial review proceedings against NE's decision
The High Court decided that:
NE’s notification of the area as an SSSI had been made lawfully and that NE had adopted a legitimate approach.
On the special facts of the case, the SSSI notification amounted to a "plan" likely to have a significant effect on a nearby Special Protection Area (SPA) and this required an "appropriate assessment" to be made of the effect of the SSSI designation on the SPA under Article 6(3) of the Habitats Directive (92/43/EEC). In the absence of an appropriate assessment, the High Court concluded, the risk of the SSSI having a significant effect on the SPA could not be ruled out. It did not matter whether an appropriate assessment would have affected the outcome, it still had to be carried out.
NE is appealing the second part of the decision. It is concerned that the High Court’s definition of what amounts to a plan sufficient to trigger an appropriate assessment under the Habitats Directive is too wide and unworkable for NE in its advisory and expert role in planning and development.
In this case, the High Court seized on comments of NE officers to the homeowners at the time of SSSI notification that they would be unlikely to consent to maintenance of the sea defence which would affect the SSSI, as amounting to a plan triggering an appropriate assessment. This was despite the homeowners never having made a formal application to NE for consent.
Gypsy’s Actions
In Newland v Secretary of State for Communities and Local Government and another [2008] EWHC 3132 (Admin), the High Court dismissed a claim by Mr Newland (N) that he was entitled to use a site for 7 mobile homes and 7 touring caravans with ancillary works (the proposed development). This case gives an interesting overview of the time limits for enforcement action and when it is possible to resume a former lawful use.
In 1986, N, a gypsy, obtained planning permission to use land as a caravan site for one residential caravan for his family. N had, without planning permission, substantially extended his caravan. As a result, the caravan was incapable of being transported.
In 2005, N applied for planning permission for the proposed development. N moved caravans onto the site before his application was determined. The LPA refused N's application and served enforcement notices. N appealed.
After a public inquiry, the planning inspector found that the caravan had become a "dwelling house" in 1999. This change of use had become immune from enforcement action, and therefore lawful, after 4 years (s171B(2) and 191(2), Town and Country Planning Act 1990). N was therefore unable to revert to using the land as a caravan site in accordance with the 1986 planning permission, as from 2003 the site's lawful planning use was as a dwelling house with ancillary garden.
The High Court upheld the planning inspector's decision. The judgment gives helpful confirmation on the extent of the planning unit that benefits from immunity from enforcement action and on the lawful use of the curtilage to a dwelling house. The judge also rejected N's argument that the planning decision deprived his family of the right to use the land for stationing caravans. N's own actions had made his caravan immobile. Rather than being deprived of rights, N had in fact gained planning rights as a result of the change to a dwelling house.
Farming success?
Recent figures reveal farm incomes in the UK for 2008 have risen showing that total income from farming per head rose by 42 per cent, in real terms to £18,185.
Total Income from Farming in the UK is estimated to have risen in 2008 by 41.9 per cent in current prices (36.3 per cent in real terms) to £3.46 billion. Increased input costs were outweighed by an increase in the value of output of 25.6 per cent. Total Income from Farming per full time person equivalent is also estimated to have risen by 41.9 per cent in current prices, and by 36.3 per cent in real terms, to £18,185.
Farm Business Income in England for the period from March 2008 to February 2009 of grazing livestock, dairy and specialist pig farms is forecast to rise while that on cropping farms is expected to fall. Across all farm types, farm income is expected to fall by 8 per cent in current prices in 2008/09.
Human Genetics Commission
Health and Science Ministers have announced the appointment of a new Chair and 5 new members to the Human Genetics Commission (HGC).
Professor Jonathan Montgomery, professor of Health Care Law at the University of Southampton and Chair of Hampshire Primary Care Trust has been announced as the Chair of the independent advisory body on developments in human genetics and their impacts on individuals and society.
The Human Genetics Commission's members include experts in clinical and research genetics, consumer affairs, ethics, law, industry and those with experience in genetic conditions. Established in 1999, the Commission reports to Health and Science Ministers and the Devolved Administrations of Scotland, Wales and Northern Ireland. A key role of the HGC is to promote public debate.
Professor Montgomery has served in non-executive director posts on NHS Trust boards since 1992 and as a Trust Chair from 1998, before moving to chair a Strategic Health Authority from 2004-06. He has also been Chair of the Southampton Local Research Ethics Committee and is the author of a leading textbook on Health Care Law.
The new members of the Commission are Professor Timothy Aitman, Professor Thomas Baldwin, Mrs Nicola Drury, Professor Anneke Lucassen and Dr Duncan McHale. An existing member, Mr Alastair Kent, was reappointed for an additional term.
Health Minister Dawn Primarolo said:
"There is enormous potential benefit from the wider use of genetic science within healthcare, medical research and other important fields. The Human Genetics Commission helps ensure the proper use of this new genetics knowledge. I am delighted that Professor Montgomery is going to lead the Commission into a new era of important work, identifying and meeting the ethical challenges in this area."
New Legal Services Board
The new Legal Services Board (LSB) has published its draft 2009/10 Business Plan for consultation. Recently established as the independent body responsible for overseeing the regulation of lawyers in England and Wales, the LSB's goal is to reform and modernise the legal services market place by putting the interests of consumers and citizens at the heart of the system.
Commenting, the Board's Chair, David Edmonds, said:
"The reforms envisaged by the 2007 Act are designed to deliver personal benefits for individual consumers and collective benefits to society as a whole. This first draft Plan by my Board focuses on the need for a shared and robust confidence in the justice system, particularly in the individuals and organisations charged with protecting our rights and freedoms as citizens. We also want to make the market work better. This is not a distraction from more fundamental debates about the rule of the law and confidence in the legal system: it is an indispensable part of building that confidence for the individual citizen."
The Plan released this month set out the Board's vision for the way it wants to see the legal services market deliver for consumers in five years time, including:
a market that allows access to justice for all consumers, with the goal of beginning to bridge the divide for those whose incomes exceed legal aid thresholds but fall below the level required to purchase legal services;
greater competition in service delivery and the development of new and innovative ways of meeting consumer demand;
empowered consumers receiving the right quality of service at the right price;
an improved customer experience with swift and effective redress if things go wrong;
legal services professions which are as diverse as the community they serve and which constantly strive to improve standards of practice, quality and education; and
certainty and confidence in the regulatory structures underpinning the market.
Chris Kenny, Chief Executive, said:
"The Plan outlines what the LSB aims to deliver on key policy priorities. We want to tackle our regulatory objectives holistically and start establishing momentum on all of them in our first year. We will give particular priority to regulatory independence, alternative business structures, providing effective redress and working up a model of regulatory excellence in legal services. We will be a small, professional, organisation, focussed on achieving real outcomes for consumers and citizens, rather than either a bureaucracy or a think tank. We are concerned to provide value for money ourselves - and ensure that the legal services market does so for consumers and businesses."
Ed - prudence dictates I refrain from comment!
30 Year Rule
The independent team appointed by the Prime Minster and the Lord Chancellor to review the '30 year rule' under which public records are released has recommended its reduction to 15 years.
The review team, chaired by Paul Dacre and supported by Professor Sir David Cannadine and Sir Joe Pilling, was asked to consider changes to the rule, introduced in 1968 by Harold Wilson, in the light of the Freedom of Information Act.
The review recommends that the new 15 year rule - which will apply retrospectively to all documents - be phased in over a period of 15 years.
The team also recommended
An independent review of the "Radcliffe" rules on the publication of memoirs by former ministers, civil servants and special advisers to "overhaul and update" them in the light of a reduction to the 30 year rule and the introduction of the FoI Act.
The amending of the Civil Service Code to help ensure civil servants keep full, accurate and impartial records of government business.
It to be made clear that special advisers, as temporary civil servants, have a duty to keep a full record of their non-political activities which will be archived and released in the same way as any other official documents.
The report also concludes that the government and Whitehall have some way to go in fully comprehending the implications of the digital revolution on record keeping. And it urges the government to review the existing strategy for the preservation of digital records "as a matter of urgency" to ensure these records are placed in a sustainable storage environment by the time they are ten years old. Failure to do so, the report says, would be "disastrous".
Ed - so we have 2 years worth of disclosures to catch up on over the next 15 years if these recommendations are acted upon. Not long before we learn more about the Falklands War then!
Drugs pile up
Contracts have been awarded this month which aim to double emergency supplies of flu drugs to treat everyone who is predicted to fall ill in a pandemic supposedly making the UK one of the most prepared countries in the world.
The agreements with Roche and GlaxoSmithKline will double antiviral stockpiles, which are expected to be in place by April 2009. The contracts will deliver an additional 7.6 million treatment courses of Tamiflu (Roche) and 10.6 million treatment courses of Relenza (GlaxoSmithKline). Once the extra capacity is in place, there will be 33.5 million treatment courses of antivirals.
Without antiviral treatment, experts suggest that up to 750,000 people could die in the UK during a pandemic. Antivirals have a key role to play in the clinical response, reducing the severity of the illness and reducing the chance that complications such as pneumonia will set in.
There are currently enough drugs for a quarter of the population, but the latest cross-government pandemic plan aims to cope with the worse case scenario of an infection rate that could hit up to half the UK population.
Public Health Minister Dawn Primarolo said:
"The UK is already widely recognised as one of the best prepared countries in the world. The increased flu-drug stockpile means that we should be able to treat everyone who falls ill in a pandemic. Antivirals are an important part of our robust countermeasure strategy and will ensure we respond effectively in the event of a flu pandemic."
World Health Organization Assistant Director-General for Health Security and Environment Dr David Heymann said:
"The UK remains among the best prepared countries in the world. Purchasing enough antivirals to treat the worst case attack rate scenario, and two different antivirals in case resistance develops, is a first class example of the UK's advanced planning."
Ed - my wife is a nurse and will be part of the team treating the nation if the pandemic hits. I’m tempted to do my own contingency planning. My wife will have the luxury of a tent in the front garden for the duration. The front door will be barred!
Obama is sworn in for second time
Barack Obama has been sworn in as US president for the second time in as many days after one word was given out of order during the ceremony.
The Chief Justice of the US Supreme Court, John Roberts, administered the oath again at the White House. The decision to repeat the oath was taken out of an abundance of caution, an official said.
Mr Obama joked:
"We decided it was so much fun...."
During the second take Mr Obama did not swear on a Bible and his wife Michelle was not at his side. Instead of an audience of millions, only a few close aides saw the second attempt, with even journalists excluded from the Map Room of the White House.
Mr Obama, apparently noticing the error, hesitated. Mr Roberts repeated the phrase correctly, but Mr Obama went with the incorrect formula.
"We believe the oath of office was administered effectively and that the president was sworn in appropriately," said White House counsel Greg Craig.
Ed - just goes to show you can never be too careful or too cautious as a lawyer!
Dragon in harness?
James Caan, the newest star of BBC's Dragon's Den, will be using his entrepreneurial expertise to support Ethnic Minority businesses in Leicestershire, after being appointed the new Co-Chair of the Department of Business's Ethnic Minority Task Force.
James Caan's responsibilities will include providing a strategic direction to the Task Force and opening up discussions with Banks and financial institutions on ways in which the Government can better support BME business owners. The task force aims to foster growth among black and minority ethnic (BME) firms and boost economic participation by BME entrepreneurs.
Leicestershire has a significant BME business community, and Ruth Ingman,
President of Leicestershire Chamber of Commerce, commented:
"I welcome the appointment of James Caan as recognition of the important part that ethnic businesses play in the economy of Leicestershire and the East Midlands."
Leicester businessman Yakoob Dassu, of MD ARC Fabrics, said:
"From what I have seen of James Caan on Dragons Den, he seems to know what he's doing. So much the better for the ethnic minority businesses to have someone like him on board. I am sure he will do a lot for the community."
James Caan said:
"I am pleased to be working with the Ethnic Minority Business Task Force which is a very important initiative. The Entrepreneurial sector of the Economy has always been where my passion lies and to which the Ethnic Minority group makes a very valuable contribution. I am looking forward to using the same skills that I apply across all my business ventures to deliver tangible results."
The appointment was announced by Lord Mandelson, Secretary of State for Business, on Friday following the sixth meeting of the Task force, and James Caan will take up the position for 12 months. Lord Mandelson commented: "It is more important than ever that we create an environment where anyone with ambition, passion and a good idea - no matter what their background - can succeed."
Rural Networking
Rural communities face the risk of yet again being on the wrong side of the digital divide as the Government's plans for future super fast broadband take shape.
Dr Stuart Burgess, the Government's Rural Advocate and chair of the Commission for Rural Communities is visiting Alston in Cumbria this month to see how one rural community is already taking steps to avoid being left behind, by building its own super fast broadband network - Alston Fibremoor.
In his New Year strategy, Gordon Brown outlined how investment in digital infrastructure can help stimulate the economy. However, current plans for super fast broadband from BT and Virgin Media confirm that only half the UK's households will be covered. This means rural areas are likely to miss out.
Accessibility and speed with existing broadband networks still remain a problem in rural areas. A recent study by Ofcom confirmed that urban consumers receive average download speeds 15% faster than their rural counterparts.
Stuart Burgess says:
"The future of broadband in rural communities is a serious issue. Ensuring they are not left out of plans for future generation broadband is critical.
There are also important economic factors at play - for example, farmers will have little incentive to redevelop redundant buildings, for offices, retail or leisure use, if suitable broadband isn't available."
The Cumbrian parish of Alston Moor is one of the most sparsely populated areas of England. When BT installed the first generation of broadband it only reached Alston years after many urban areas.
This led to Cybermoor being set up, one of the first social enterprise broadband projects in the UK. Now, future development is being planned. The Alston Fibremoor project is investigating the aim of building its own super fast broadband network using fibre technology.
The community cooperative is aiming to make Alston one of the first villages in the UK to offer 'fibre to the home' in 2009. The cooperative will be laying the cable and the network will be owned by the community rather than a corporate business. Besides offering faster, more reliable, connections the fibre based network also offers opportunity for greater public service involvement. It is hoped that, for example, public services like the NHS can have access to the network, enabling them to deliver improved services to the area at a reduced cost to the taxpayer.
Daniel Heery of Alston Cybermoor adds:
"Social enterprise can deliver high speed broadband in rural areas at a fraction of the cost charged by big operators. In addition, we are using local contractors, managing them effectively so the money goes straight into the local economy not back through tiers of management and into shareholders pockets. Another key benefit of the project is that the social enterprise approach builds new skills and capacity in rural communities, while making the most of existing social capital."
Stuart concludes:
"I am extremely excited by the prospects for Alston Fibremoor. I look forward to hearing and seeing in detail just what can be achieved through the use of new technology to deliver super fast broadband. Local community leadership in upgrading existing services can also be used as an inspiration to other broadband cooperatives around the country."
Uninsured Crackdown
New powers to tackle uninsured drivers who apparently cost the rest of us motorists £400m each year have been set out by Road Safety Minister Jim Fitzpatrick. The new measures will make it an offence to keep an uninsured vehicle - rather than just to drive when uninsured - making it easier to catch uninsured drivers and keep them off the roads.
Jim Fitzpatrick said:
"The selfish minority of drivers who refuse to insure their cars push up premiums for other motorists and kill or injure thousands of people each year. Increased police powers already mean more than 400 uninsured vehicles are seized every day but these tough new measures will leave uninsured drivers with nowhere to hide."
Under the new system:
The DVLA will work in partnership with the insurance industry to identify uninsured vehicles
Motorists will receive a letter telling them that their vehicle appears to be uninsured and warning them that they will be fined unless they insure it within a set period
If the keeper fails to insure the vehicle they will be given a £100 fine
If the vehicle remains uninsured - regardless of whether the fine is paid - it could then be seized and destroyed.
Uninsured driving adds around £30 a year to every motorist's insurance premium - amounting to more than £400m a year in additional premiums. It is also estimated that uninsured and untraced drivers kill 160 people and injure 23,000 every year.
The Government has already given the police powers to seize and destroy vehicles being driven uninsured, along with improved access to the Motor Insurance Database to enhance their capability to detect uninsured driving by using Automatic Number Plate Recognition (ANPR) equipment. Police removed around 150,000 vehicles in 2007 - more than 400 a day.
Last year a new offence of causing death by driving while unlicensed, disqualified or uninsured was introduced.
Myth: If you call HSE for help, you’ll end up with an unwanted inspection.
The reality
HSE’s Infoline is confidential and run for HSE by a contractor. Your individual information is not passed to HSE so it won’t result in a visit. The trained operators answer the great majority of calls themselves. If they can’t deal with your query fully they will ask you if it is alright to refer it to an expert in HSE.
So, if you’ve got a query or a concern, just ask. You’ve got nothing to lose and it could help your business!