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Ron Hunter  
#1 Posted : 05 January 2016 16:45:06(UTC)
Rank: Super forum user
Ron Hunter

Looking through HSE's #HelpGBWorkWell initiative and pondered just exactly why NI ended up with separate law and enforcement agency outwith UK regulatory Framework.

Are we unique in Europe in having 2 systems operating within one member State? (UK)

Can anyone explain how and why this came about?
David Bannister  
#2 Posted : 05 January 2016 17:48:28(UTC)
Rank: Super forum user
David Bannister

Scotland & Wales also have their own law-making assemblies and Scots Law has always been separate, despite the creation of GB and the UK many years ago. Ireland Law was also separately made prior to the the Republic becoming independent, leaving NI still subject to their own laws.

Why? Because lawyers make laws for lawyers to argue over and earn legal fees.
Ron Hunter  
#3 Posted : 05 January 2016 20:57:57(UTC)
Rank: Super forum user
Ron Hunter

Scotland has it's own legislature certainly, however many key elements of law are retained by Westminster.

Health and safety law is not devolved to any other province in the UK. What makes NI special or different?
Notable that NI is still working to "old" CDM and adopts the withdrawn 2007 ACoP as best practice!

How can a UK member state be permitted to operate in such a fragmented manner, with one province flaunting the parent Directive?
Shineon55  
#4 Posted : 05 January 2016 21:48:50(UTC)
Rank: Forum user
Shineon55

While H&S legislation is reserved to Westminster, it's scope only applies to Great Britain and not to the United Kingdom, which is why Northern Ireland can enact it's own legislation and retain the 2007 ACOP.
jwk  
#5 Posted : 06 January 2016 14:21:59(UTC)
Rank: Super forum user
jwk

Shineon,

Does mean that the Isle of Wight can write it's own safety law?
Shineon55  
#6 Posted : 06 January 2016 15:37:46(UTC)
Rank: Forum user
Shineon55

jwk wrote:
Shineon,

Does mean that the Isle of Wight can write it's own safety law?


As far as I know the Isle of Wight is treated as part of GB and HSE/LA is the enforcing authorities as in the rest of GB. Perhaps someone on here will know the detail of why is considered part of GB.
Ron Hunter  
#7 Posted : 06 January 2016 16:57:50(UTC)
Rank: Super forum user
Ron Hunter

Shineon55 wrote:
While H&S legislation is reserved to Westminster, it's scope only applies to Great Britain and not to the United Kingdom, which is why Northern Ireland can enact it's own legislation and retain the 2007 ACOP.


WHY?

And how and why is a province of the UK enabled or permitted to flaunt a Directive (extension of CDM Client duties to domestic clients)?
Bob Howden  
#8 Posted : 08 January 2016 12:27:49(UTC)
Rank: Forum user
Bob Howden

Ron Hunter wrote:
Looking through HSE's #HelpGBWorkWell initiative and pondered just exactly why NI ended up with separate law and enforcement agency outwith UK regulatory Framework.

Are we unique in Europe in having 2 systems operating within one member State? (UK)

Can anyone explain how and why this came about?


Looking at the political history of Northern Ireland it seems that this came about as a result of the negotiations for the transfer of power to the devolved assembly. (https://en.wikipedia.org/wiki/Northern_Ireland_Assembly)
ricci  
#9 Posted : 10 January 2016 00:50:09(UTC)
Rank: Forum user
ricci

Northern Ireland had its own Assembly from 1922. With the partition of Ireland NI was allowed to retain its own lawmaking. Matters of National Security were retained in London. That id why NI has its own Road Traffic Laws etc as all had to be passed by the NI Parliament.
firesafety101  
#10 Posted : 10 January 2016 10:55:11(UTC)
Rank: Super forum user
firesafety101

Scotland has its own fire safety order. I wonder what makes them think they are any better than us here in England. One example in their Order is the requirement for Sprinklers in all retail outlets.

Further the Scots have a country wide fire service now. That means they save money by being able to provide cover from anywhere in Scotland to anywhere in Scotland without having to have agreements that involve money changing hands.

Be aware that may be happening in England sometime soon.
watcher  
#11 Posted : 11 January 2016 11:16:52(UTC)
Rank: Forum user
watcher

FireSafety101 wrote:
Scotland has its own fire safety order. I wonder what makes them think they are any better than us here in England. One example in their Order is the requirement for Sprinklers in all retail outlets.

Further the Scots have a country wide fire service now. That means they save money by being able to provide cover from anywhere in Scotland to anywhere in Scotland without having to have agreements that involve money changing hands.

Be aware that may be happening in England sometime soon.



You wonder what makes "them" think they are any better than "us"??

Of course, that's why there is seperate legislation, because they think they are better. Well, not really, but I am amazed at your view of this.

watcher  
#12 Posted : 11 January 2016 11:23:41(UTC)
Rank: Forum user
watcher

Ricci wrote:
Northern Ireland had its own Assembly from 1922. With the partition of Ireland NI was allowed to retain its own lawmaking. Matters of National Security were retained in London. That id why NI has its own Road Traffic Laws etc as all had to be passed by the NI Parliament.



That's very interesting, I wasn't aware of that.
Ron Hunter  
#13 Posted : 11 January 2016 12:13:05(UTC)
Rank: Super forum user
Ron Hunter

Since 1921, Stormont has spent as much time disused and mothballed as it has conducting NI assembly business.

Perhaps the existence of separate NI H&S law and enforcement body is purely a result of that historic political bargaining expedient.

The chances of anyone in the corridors of power reviewing that arrangement as fit for modern purpose (in the context of a single EU member state =UK) are probably slim........................
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