Report on Response to Consultative Document on Proposals for the Transfer of Petroleum Licensing Functions from District Councils to the Health and Safety Executive for Northern Ireland and Related Matters, December 2006
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Relevant Background Information
The Consultative Document sets out the Government's proposal that the Health and Safety Executive for Northern Ireland (HSENI) should become the sole petroleum licensing authority for Northern Ireland. Currently this role is discharged by each of Northern Ireland's 26 District Councils. The proposal also envisages HSENI, rather than the District Councils, enforcing the provisions of the Health and Safety at Work (NI) Order 1978 at petrol filling stations and retail fuel oil storage depots.
The proposal is presented as modernisation of the licensing regime, but this is not the case. The proposal does not bring greater efficiency into the function; it appears merely to be the transfer of the existing regime from District Councils to HSENI.
It is suggested in the proposal that the Review of Public Administration and reducing the burden on businesses are the key drivers but there is nothing in the consultative document to support this; in fact the proposals appear to run contrary to both. The main driver appears to be the Organised Crime Task Force. The task force is quoted as having voiced concerns about illegal and unsafe fuels reaching petrol filling stations.
The illegality of fuels is an issue for HM Revenue and Customs supported by other agencies. The fuels themselves are not necessarily unsafe; it is more likely that they are not fit for purpose and may be transported in an unsafe manner. The transportation of fuels by road is already enforced by HSENI and greater effectiveness of enforcement in this regard does not require the transfer of the petroleum licensing function.
Furthermore the issue of fuel fraud will note be successfully addressed through the petroleum licensing regime - wherever those powers lie - without a fundamental review of the governing legislation, the Petroleum (Consolidation) Act, which came into force and remains substantially unchanged since 1929.
Key Issues
The majority of fuel being smuggled and laundered in Northern Ireland is diesel. Diesel, because it presents a significantly lower hazard than petroleum (it is not explosive at ambient temperatures) does not fall within the current licensing regime and indeed will continue not to be covered should the proposed changes take place.
The document suggests that there will be a reduction in the number of regulatory bodies visiting petrol filling stations post-transfer. This will not happen. District Councils will continue to enforce food safety, consumer protection, public health provisions,
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integrated pollution control and in some cases health and safety for the rest of the business, as only the retail petrol activity will be regulated by HSENI. Overall this will increase the number of regulators/interventions and the burden on business, in addition to creating confusion around the precise role of each regulator. In some cases businesses may end up with two bodies enforcing health and safety on the same site. Currently District Councils are actively pursuing alternative enforcement strategies that will reduce regulatory burdens, and one type of premises identified for such an approach is retail petrol stations.
The consultative document has not taken account of the proposed changes to local government as a result of the Review of Public Administration, which will place land use planning services within a reduced number of local authorities. The document also fails to recognise that District Councils are currently a statutory consultee for all planning applications and District Councils will continue to receive planning applications for new petrol filling stations and new retail oil storage depots irrespective of additional consultation with HSENI should it take over the petroleum licensing function. This level of duplication within the planning process is considered unnecessary.
The document also fails to recognise that a new contaminated land regime is due to be introduced into Northern Ireland, which will give District Councils statutory responsibility for contaminated land issues. District Councils already work with the Planning Service on the remediation and development of contaminated sites including retail petrol stations and fuel oil storage depots.
The document does not acknowledge that skills and expertise already exist within District Councils in relation to risk assessment techniques and the application of Dangerous Substances and Explosive Atmospheres Regulations (NI) 2003 (DSEAR).
Another concern is that the use of secondary legislation to effect this fundamental change in the way that the petroleum licensing function is delivered prevents the level of scrutiny that could be achieved by passage through both Houses of Parliament. There is no argument within the consultative document that necessitates the imminent introduction of these changes particularly given that there is no evidence of failure by District Councils to protect the public in respect of petroleum.
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Also a review of the current legislative controls is on-going in GB and there is no indication that this will result in a transfer of the function away from Local Authorities there. It would be prudent to await the result of this review in order to maintain parity with GB.
Resource Implications
The transfer of petroleum licensing functions from the Council to HSENI does not have a significant impact on resources given that officers will still be responsible for enforcing other statutory provisions in petrol filling stations.
Recommendations
The attached response to the consultative document takes account of the key issues identified above and states that the Council does not agree with the transfer of petroleum licensing and health and safety enforcement functions from District Councils to HSENI.
It is recommended that the Committee adopts and endorses the attached response for submission to HSENI on behalf of the Council. The closing date for receiving the response is 12th January 2007
Key to Abbreviations
HSENI - Health and Safety Executive for Northern Ireland
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