New Clause 14 — Civil liability for breach of health and safety duties

Part of Oral Answers to Questions — Attorney-General – in the House of Commons at 1:58 pm on 16 October 2012.

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Photo of Matthew Hancock Matthew Hancock The Parliamentary Under-Secretary of State for Business, Innovation and Skills, The Parliamentary Under-Secretary of State for Skills 1:58, 16 October 2012

The 1974 Act does not give that protection, because a test of negligence is not required to proceed with a prosecution. In future, proof of negligence will be required to bring a case. It will be possible to bring a civil action for a breach of common-law duty of care only on the basis that the employer has been negligent.