Laura McDairmant

Recommendation 1. (9) I heard evidence from Gavin Howat, Inspector of Health and Safety, who is employed by the Health and Safety Executive. He has specialised in the regulation of adventure activities within the Health and Safety Executive and has a wealth of experience in the sector. (10) Mr Howat advised the Inquiry that H.S.E. now has the responsibility for the A.A.L.A. The H.S.E. is entitled under Section 3(4) of the 1995 Act to submit to the relevant Minister proposals for the making of regulations under that act. He advised that the H.S.E. has reached the view that the whole structure of the regulatory scheme requires to be reviewed and it is their intention to conduct such a review. (11) The H.S.E. has recognised that the existing scheme has created an overlap of responsibilities for licensing and enforcement and has not provided a satisfactory scheme of regulation. The H.S.E. will consider the removal of the division of responsibilities for inspection and enforcement and whether both responsibilities should lie with one statutory body. (12) Mr Howat advised that H.S.E. is concerned that the definition of adventure activities has not been flexible enough to encompass a number of new and potentially risky activities. He indicated that in future it is likely that the focus would be on the providers of the activities who are managing the risks rather than by any defined categories of activity. (13) The evidence brought to light that the management of safety issues at Barcaple prior to the accident was inadequate. I am not clear what the position is as regards the safety procedures operated by other organisations. For that reason, I have reached the view that it would be in the public interest for the H.S.E. to consider in the review, the training and qualifications of all those who are engaged in the provision of adventure activities.. (14) I am satisfied that a comprehensive review by the H.S.E. is an appropriate way to address the concerns about the legislation, which arose in this Inquiry. Under this recommendation, I have detailed certain matters that merit attention. It is not an exhaustive list and there may well be other areas of concern, which were not ventilated in evidence. (15) It is to be hoped that the review will be commenced in early course given that the legislation is intended to protect the safety of young persons and given the number of young persons who participate in adventure activities. Recommendation 2. (16) Any review of the statutory scheme will take time. Mr Howat gave evidence that the H.S.E. are able to issue directions to the A.A.L.A to require applicants for licences to detail all adventure activities provided by them. This does not require any change to the legislation and can be done right away. I have reached the view that the immediate introduction of this requirement would be a useful measure pending any proposals to change the licensing system. It might prevent other young persons engaging in adventure activities of which the A.A.L.A and the local authority are unaware. Recommendation 3. (17) There is a clearly a need for local authorities to be made aware of their responsibilities for inspecting adventure activities under existing health and safety legislation. I was advised in evidence by Mr Howat that a circular can be issued by HSE with this information. It is to be hoped that this can be done in early course. A review of the inspection schemes may result in an improved scheme. In the meantime, parents are entitled to expect that the safety of their children will be regulated under the health and safety regulations as presently enacted and with all the safeguards provided for in those regulations. Recommendation 4. (18) I have also recommended that the HSE redraft Local Authority Circulars 47/15 and 47/2, which issue guidance on the inspection of adventure activities. It was clear that even senior and experienced environmental health officers, such as the witnesses Mr Collins and Mr Dunn, have been unsure on how to apply the guidance. This appears to be the experience of many of their colleagues in other local authorities. Albeit this area may be affected by changes following a review, I consider that in the meantime it is of considerable public interest that the inspection of adventure activities out with the scope of the licensing scheme is as effective and thorough as possible.