Fall in unsafe product prosecutions - A success story?
Report to Parliament
The Secretary of State for Trade and Industry recently reported to Parliament on work carried out over the past five years in relation to the safety provisions, as required by the Consumer Protection Act 198711. The figures show a further reduction in prosecutions brought by local authority Trading Standards Services.
This is the fourth in a series of reports showing that prosecutions for marketing unsafe products in the UK have fallen from an average of 600 cases a year up to 31.03.932 (300 cases a year up to 31.03.983) to only 100 cases a year in the five year period to 31.03.034.
A report by the Minister in 19885 recorded just 897 prosecutions under the safety regulations but that was shortly after the introduction of the Consumer Protection Act on 1 October 1987. Officers previously reported selected cases in a confidential bulletin published by the Institute of Trading Standards Administration (ITSA) now the Trading Standards Institute (TSI). These records showed a fall in the prosecution rate from 95 cases in 1988 to only 48 in 19946.
Prosecutions 1988 - 2003
The latest report concedes that data are incomplete partly because there is no requirement under Section 70 of the Weights and Measures Act for local authorities to make returns of legal proceedings to the DTI. Returns of legal proceedings can also be made to the Office of Fair Trading, but this again is voluntary.
Comment
It would appear from the dramatic fall in prosecution cases that either -
a. consumer products have become much safer,
b. alternative methods have been found to combat the risks presented, or
c. official action in this area of local authority work has declined.
Enforcement of the product safety regulations under the Consumer Protection Act 1987, is the duty of local weights and measures authorities usually through their Trading Standards Services. Officers can make test purchases of products and take appropriate action if they find they fail any safety provision. This occasionally, and usually as a last resort, means bringing a prosecution against those who have marketed dangerous products and put the public at risk of injury.
Ideally, such surveillance work should be based on statistical methods, be uniform throughout the European Union and records of formal action should be published. The official notification system, RAPEX7 enables authorities to report the most dangerous products found on sale in the EU to their colleagues.
Official surveillance work is the last line of defence consumers have against the dangerous products which I estimate cause up to 100 deaths each year8. Failure of a surveillance system permits dangerous products onto the market and puts consumers at risk. An effective surveillance system forms the basis of a pro-active approach to accident prevention but it must be supported with adequate resources.
Consumers need to be better informed about suspect products and the risks they are exposed to in order to decide on their own level of exposure and that of their families. Such information is required under the revised General Product Safety Directive.
It is accepted that prosecutions are only one measure of the effectiveness of the Trading Standards Service and that voluntary compliance is better than going to court. The latter course of action is time consuming, costly and clearly not taken lightly.
The level of risk presented by suspect consumer products needs to be assessed as objectively as possible by officers to determine the most appropriate course of action and to prioritise investigations. The new CoPRA9 method may help in this.
Adequate records should be kept of official action taken by local authority Trading Standards Services, and Environmental Health Departments in Northern Ireland. This is necessary to demonstrate the work of enforcement authorities and its effectiveness.
Having been subjected to many changes over recent years and the imposition of additional demands including food standards, the Trading Standards Service is entitled to a period of stability and perhaps some good news. If there are far fewer unsafe products on the market, it is to be welcomed. This large fall in prosecution cases must not mean a reduction in commitment by the Service to safe products.
David Jenkins
Product Safety Adviser
RoSPA
Email: help@rospa.com
1 Section 42(1)
2 DTI (1993), "Consumer Safety", Report by the Secretary of State for Trade and Industry for the period 1 April 1988 - 31 March 1993, HMSO.
3 DTI (1998), "Consumer Safety", Report by the Secretary of State for Trade and Industry for the period 1 April 1993 - 31 March 1998, HMSO.
4 DTI (2004), "Consumer Safety", Report by the Secretary of State for Trade and Industry for the period 1 April 1993 - 31 March 1998, HMSO HC411.
5 DTI (1988), "Consumer Safety", Report by the Secretary of State for Trade and Industry for the period 1 April 1983 - 31 March 1988, HMSO.
6 D.Jenkins, personal files.
7 RAPid EXchange of information on dangerous products
8 Based on Nottingham University study of 11,721 home accidents (2.8% product fault fatalities)
9 Consumer Product Risk Assessment (see author)
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