Agenda item

Proposed Repeal of the Activity Centre (Young Persons Safety) Act 1995 - Motion on Notice No 12 (11/12)

Minutes:

Councillor Williams moved the following motion on notice for approval –

  

Proposed Repeal of the Activity Centre (Young Person’s Safety) Act 1995

 

This Council Notes

 

In March 1993 four teenagers from Southway School died in Lyme Bay.  They died as a result of the criminal neglect of the people running the St. Alban’s activity centre.  Following this tragedy the local Labour MP David Jamieson, working with the parents and other organisations tabled a Private Members Bill, introducing the a licensing scheme for adventure activities.  The Bill was accepted by the Government and gained Royal Assent in June 1995, as “The Activity Centres (Young Persons Safety) Act 1995.

 

The Government proposes to remove the licensing of adventure activities (trekking, water sports, caving and climbing) for young people under the age of 18 and instead introduce a code of practice that the HSE will oversee and monitor.

 

This Council requests:-

 

That  a Council Officer be identified to work with the appropriate Portfolio Holder to prepare a response to the HSE and Minister on the proposals to repeal the Activity Centres (Young Person’s safety) Act 1995.

 

That within the response this Council should strongly make the case for the retention of the licensing regime for adventure activities established under the Activity Centres (Young Person’s safety) Act 1995.

 

With the agreement of the Council, an extension was moved and seconded to allow Councillor Williams a further five minutes to finish her speech.

 

The motion was seconded by Councillor John Smith.

 

During the debate, the issues raised, included that –

 

?

there was a need to mitigate risks;

?

the introduction of a voluntary code was unlikely to be as effective  as the current licensing arrangements;

?

a chair of school governors had written to a councillor with regard to the proposed reduction of standards.

 

An amendment was moved by Councillor Sam Leaves and seconded by Councillor Mrs Beer that the final paragraph of the motion was amended to read -

 

‘That within the response subject to the result of consultation, this Council should strongly make the case for the retention of the licensing regime for adventure activities established under the Activity Centres (Young Person’s safety) Act 1995.'

 

During the debate on the amendment, the issues raised included that –

 

?

the Outdoor Education Advisor within services for children and young people had been identified as the officer to work with the portfolio holder to consider the response to the Health and Safety Executive and Minister on their proposals to abolish the Adventure Activities Licensing Authority;

?

consultation on the proposal had opened in June and closed in September 2011;  

?

the views of the health and safety executive and the minister were yet to announced following the outcome of the consultation; 

?

the Council took safety issues very seriously;

?

the response of the City Council to the consultation exercise was unknown by councillors;

?

a high quality of certification was needed for activity centres which would allow parents and schools to make an informed choice.   

 

During the debate, Councillor Sam Leaves undertook to circulate the City Council’s response to the consultation exercise, to all councillors.

 

The amendment was put to the vote and declared carried.

 

Councillor Peter Smith moved and Councillor Evans seconded a further amendment

to add the following words to the end of the motion –

 

‘and will strongly oppose the replacement by a voluntary code.’

The Leader (Councillor Mrs Pengelly) and Councillor Williams indicated that they were happy to accept the amendment and following a vote the amendment was carried.

 

Councillor Williams summed up on the substantive motion, as amended, and following a vote, the motion was carried as follows -  

 

This Council notes

 

In March 1993 four teenagers from Southway School died in Lyme Bay.  They died as a result of the criminal neglect of the people running the St. Alban’s activity centre.  Following this tragedy the local Labour MP David Jamieson, working with the parents and other organisations tabled a Private Members Bill, introducing the a licensing scheme for adventure activities.  The Bill was accepted by the Government and gained Royal Assent in June 1995, as “The Activity Centres (Young Persons Safety) Act 1995.

 

The Government proposes to remove the licensing of adventure activities (trekking, water sports, caving and climbing) for young people under the age of 18 and instead introduce a code of practice that the HSE will oversee and monitor.

 

This Council requests:-

 

That  a Council Officer be identified to work with the appropriate Portfolio Holder to prepare a response to the HSE and Minister on the proposals to repeal the Activity Centres (Young Person’s safety) Act 1995.

 

That subject to the result of the consultation this Council should strongly make the case for the retention of the licensing regime for adventure activities established under the Activity Centres (Young Person’s safety) Act 1995 and will strongly oppose the replacement by a voluntary code.

 

Supporting documents: