Government believes new young volunteers’ bill is ‘unnecessary’

HRA President Lord Faulkner, has continued to lead through Parliament his Private Members Bill to ensure that the provisions of the ‘Employment of Women, Young Persons and Children

Act 1920’ do not apply to young volunteers on heritage railways. The bill passed its third reading in the House of Lords on April 21 and will now pass to the Commons.

In the April 21 debate, the Government did not support the bill. Viscount Younger of Leckie, Parliamentary UnderSecretary of State, Department for Work and Pensions said:

“The bill seeks to allow children to gain valuable experiences volunteering on heritage railways and tramways, and the Government supports this aim. However, we believe that the current legislative framework does just that. Nothing would be gained from a change to legislation when other, simpler and more effective options are available – in particular, working with the regulators to explore the types of activities and tasks that are proportionate for young volunteers.

“At Second Reading, Lord Faulkner remained concerned about what would happen should something go wrong with a young person working as a volunteer, and he wanted stronger guarantees in relation to the 1920 Act. I want to reassure him that if such an incident occurred, both the Health and Safety Executive (HSE) and the Office of Rail and Road (ORR) have confirmed that there would be a full investigation, taking account of the risks that the young person was exposed to and how they were controlled. The existing framework is fair and effective, which is why, unfortunately, the Government opposes the bill.”

Accepting assurances from the ORR and HSE that there is no intention to use the 1920 Act to prosecute in the case of young people on heritage railways, Lord Faulkner said: “The point that needs to be considered is what happens if something goes wrong that forces them to take a different view and may cause the provisions of that Act to apply.

“That is the view of the former legal adviser to the Department for Transport, Geoffrey Claydon CB, who said: ‘The Government are relying on the fact that HSE and ORR have said that they would not prosecute for any infringement of the 1920 Act in relation to young persons. However, this ignores the possibility of private prosecutions, prosecutions by local authorities and insurers refusing to meet any claims on the basis that the law has not been followed.’

“My bill removes that element of doubt.”