Lord Advocate speaks on Health and Safety and regulatory powers

The Crown Office and Health and Safety Executive’s Health and Safety Conference at Aberdeen University today will look at the issues surrounding the investigation and prosecution of health and safety cases and provide a forum for investigators, prosecutors and defence lawyers to discuss those issues.

The conference will also look at best practice, highlighting the work currently carried out by investigators and prosecutors and look to improvements for the future.

Speaking at the conference, the Lord Advocate, Frank Mulholland QC said that it was his view that the prosecution service in Scotland needs the same statutory power to direct investigations for health and safety regulators as it has for Police Scotland and SEPA.

This would assist in ensuring the efficient investigation of cases.

The Lord Advocate said: “As the Audit Scotland report published this week showed our cases are more complex than ever before.

“That has been the case for some time and is the reason that the Crown moved to set up the specialist Health and Safety Division within Crown Office.

“The division has held a conviction rate of 98 per cent for the cases it has taken up.

“This shows that our expertise in this area has contributed in helping to create a safer workplace for people in Scotland.”

He added: “We are, however, not complacent and we will continue to enhance the efficiency and effectiveness of our work to help make Scotland a safer place.

“It is vital that good health and safety practice is embedded across the public, private and third sector.

“We do not want to have to deal with the consequences of health and safety failures. It is better they don’t happen in the first place.”