NEW STANDING COUNSEL TO THE HEALTH AND SAFETY EXECUTIVE

HSE Press Release: E125:04 6 September 2004

The Attorney General, Lord Goldsmith, has appointed Mark Harris of 3 Raymond Buildings, London; Richard Matthews of 2 Bedford Row, London; and Nigel Lawrence of 7 Harrington Street, Liverpool, to the new post of Standing Counsel to the Health and Safety Executive (HSE). The appointments follow the Attorney General's recognition of the need for advocates with a detailed knowledge of the procedural and substantive law to assist in the prosecution of health and safety offences.

The advocates appointed have demonstrated that they already have all the expertise and experience required to deal with the most serious types of health and safety breaches and the necessary skills to advise and represent the enforcing authorities. As Standing Counsel they will be instructed to conduct the most complex, sensitive and high profile cases on behalf of the prosecution. They will also represent the HSE in enforcement or ancillary proceedings where there is a challenge to protection offered by health and safety legislation. Their varying practice backgrounds will be complementary in handling the wide variety of cases involving the health and safety enforcing authorities.

Alex Brett-Holt, Solicitor to the HSE, said: "In recent years there has been a significant increase in the interest shown in enforcement proceedings taken in respect of health and safety legislation. This reflects the increased level of public and industry awareness of the seriousness of such breaches. We're very pleased that the Attorney General has taken the step of appointing Standing Counsel as this will help address concerns that proper enforcement action is taken where necessary."

Notes to editors

1. Mark Harris was called to the Bar in 1980 and has a background in general criminal law. He has developed a specialist interest and expertise in regulatory work covering all aspects of health and safety regulation and environmental law in the last six years. He also has interests in medicines and consumer protection, information technology, firearms and insurance.

His health and safety practice covers all aspects of prosecution and defence work. Cases undertaken regularly involve matters relating to or arising from the construction industry but work has ranged from asbestos cases to the specialised entertainment sector including fairgrounds involving stress calculations, welding codes and finite element analysis. He developed his interest in this area of practice when defending in the prosecution that followed the gantry collapse at Port Ramsgate in September 1994. Health and safety work now forms 40% of his practice.

A number of his substantial cases have involved joint prosecutions with the Environment Agency. He has also appeared before Employment Tribunals on Prohibition Notice appeals both for HSE and for recipient companies on matters ranging from fairground rides to agricultural machinery. Mark also has experience of acting for HSE in other types of proceedings including judicial review and during coroners' inquests. He regularly advises regulators across government particularly where authority from one field can be directly applied to the other, equipping him with background technical and legal knowledge.

Mark was educated at Oriel College, Oxford BA (PPE), and practices from 3 Raymond Buildings, London.

2. Richard Matthews was called to the Bar in 1989. He has always practised in criminal and regulatory law and has prosecuted extensively for the Crown Prosecution Service and HSE for many years.

Richard is the co-author of Butterworths Health and Safety Enforcement: Law and Practice and has published work in relation to company directors' criminal liability. He has advised the Home Office in respect of proposed legislation, advised and acted for the Attorney General in the Court of Appeal in respect of unduly lenient sentences and has regularly appeared in the Court of Appeal and the Administrative Court instructed by HSE. He has 15 years' experience as a jury advocate prosecuting and defending in the range of criminal matters, with considerable experience in manslaughter by gross negligence cases.

Health and safety cases now comprise the majority of his practice and he has considerable experience with construction, agriculture, chemical, oil and gas related work. Richard has conducted a series of prosecutions involving work related deaths investigated under the protocol for liaison both for HSE and the Crown Prosecution Service. This particular work has involved resisting challenges based upon alleged abuse of process, suggested breaches of Article 6 of the European Convention on Human Rights and challenges to the use of compulsory powers. He has advised on cases involving high profile explosions, blow-outs and fatal accidents, the ambit of legal professional privilege and evidential issues.

Richard was educated at Girton College, Cambridge. He practises from 2 Bedford Row, London.

3. Nigel Lawrence was called to the Bar in 1988 and has been working extensively with health and safety issues and law, in a civil context, for over 15 years. About nine years ago he moved away from general criminal practice and has since developed a practice specialising exclusively in health and safety work, personal injury litigation and some clinical negligence work.

His first involvement with health and safety, in a criminal context, came as a result of his experience in both the Crown Court and in civil litigation, invariably involving health and safety issues. He was then asked to prosecute a large construction company for HSE in Liverpool Crown Court. His health and safety practice developed from there and over many years now he has been involved in numerous health and safety prosecutions (60% of his practice is concerned with prosecution or enforcement in relation to various regulatory offences). He also acts, on occasions, for Local Authorities who also prosecute health and safety offences. The balance of his practice involves large personal injury and some clinical negligence litigation and fatal accidents.

He has been involved in diverse types of health and safety prosecution including, for example: the construction industry; death on the railways infrastructure; death caused by a buildings collapse; cases involving chemical releases, theme parks, asbestos release and exposure, offshore installations, and numerous cases involving injury and death in the care sector.

Nigel was educated at Leicester University and practices from Chambers at 7 Harrington Street in Liverpool.

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