I support Amendments 80A and 80B tabled by the noble Lord, Lord McKenzie, to which I have added my name, as I have to Amendment 81 tabled by the noble Baroness, Lady Turner. Each of these amendments seeks to overhaul the provisions contained in Clause 62, as we have heard, which threatens to turn the clock back to Victorian times for injured workers’ rights to compensation.
The clause has rightly been criticised in earlier stages of the Bill, and was only introduced on Report in another place. By amending the Health and Safety at Work Act 1974, the clause will place the burden of proof on to the injured employee who in future will have to provide evidence that his or her injury has resulted from their employer’s negligence.
As the Association of Personal Injury Lawyers has made clear in its appeals to the Government, the clause, if passed, would be highly advantageous to negligent employers, who of course control the workplace and equipment, and are more familiar with the workings of the business. Moreover, it is completely unfair to put this extra burden on an employee who is injured, particularly in cases where the employee would have been rendered unconscious and hence possibly unable to remember details of the incident.
As I understand it, the clause would also impact on families of employees who have been killed in an accident, who would obviously be at a disadvantage in gathering evidence against the employer. If I have wrongly interpreted that, perhaps the Minister could correct me but, if I am right, how on earth can the Government justify that position?
Amendment 81 would delete the clause in its entirety, which would obviously be the most favoured option for those of us opposed to these provisions. Amendment 80A would negate the clause to all extents and purposes and so, if Amendment 81 is not passed, I urge noble Lords to support Amendment 80A. Finally, Amendment 80B would require the Government to conduct a review, before the provisions of the clause can come into effect, of all duties imposed by a statutory instrument containing health and safety regulations and to determine whether they should be actionable.
Clause 62 brings in sweeping and unnecessary changes to health and safety duties at work. The Government must surely pause before introducing such provisions, to ensure that any employer who breaks the law pays the correct penalty.