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Transparency: Transparency means helping duty holders to understand what is
expected of them and what they should expect from the enforcing authorities. It also
means making clear to duty holders not only what they have to do but, where this is
relevant, what they don't. That means distinguishing between statutory requirements
and advice or guidance about what is desirable but not compulsory.
Accountability: Regulators are accountable to the public for their actions. This means
that enforcing authorities must have policies and standards (such as the four
enforcement principles above) against which they can be judged, and an effective and
easily accessible mechanism for dealing with comments and handling complaints.
The Role of the European Union in Harmonising Standards of Health & Safety
European Union Law: European Directives are binding on all member states, but each
state must pass its own legislation (in the United Kingdom, a statutory instrument) to
bring the EU legislation into effect.
European Court
The European Court has held that if national law conflicts with the Directive, an
individual may plead the Directive in litigation. The national court must decide the issue
as if the Directive had been enacted. However, only certain types of Directive may be
applicable.
Since the United Kingdom joined the European Economic Community (now known as
the European Union), the courts of England and Wales have, at times, to comply with EU
legislation. The point is that the EU is seeking greater unity - and, thus, one way is to
gradually amend legislation, so that the legal rules affecting trade and commerce
become uniform. This position is still far away, and there is much work being done in
this respect.
How EU Directives become UK Regulations under the HASWA
European Directives that are adopted by the Council of Ministers need to be
implemented by Member States. With regard to health and safety Directives, the HSC
have three options to consider.
No new Regulations needed as British legislation already covers the essential aims of
the Directive. Modifications needed to existing legislation which either:
1.
Covers some but not all of the essential aims
2.
Covers all of the essential aims but not in sufficient depth
New Regulations required to cover the essential aims
European Dimension:
