To ask the Minister for the Economy to outline what legal provisions the Health and Safety Executive will (i) approve; (ii) inspect; and (iii) monitor in the construction of the Islandmagee Gas Storage Project.

The construction and operation of the Islandmagee Gas Storage Project falls under the Control of Major Accident Hazards Regulations (COMAH) (Northern Ireland) 2000, for which the Health and Safety Executive (NI) is the joint Competent Authority (CA) with the Northern Ireland Environment Agency (NIEA). The proposed development is an ‘Upper Tier’ COMAH site.

Prior to construction and operation, the operator of the site must submit a safety report for consideration by the CA. This requires the applicant to ensure that adequate safeguards will be in place to control risks for major accident hazard scenarios and that risks are reduced to a level that is as low as reasonably practicable (ALARP).

The CA’s statutory functions under COMAH include assessing safety reports and accident prevention policy, organising a system of inspections of COMAH establishments, investigating, and reporting on major accidents. The CA will assess whether the safety report has provided sufficient information to show that the COMAH site is controlling the risks that site operations could cause to people who live and work nearby, as well as to site workers and to the environment.

If examination of the safety report reveals a possible serious deficiency, the CA will evaluate by engagement with the operator. On confirming a serious deficiency in the measures to prevent or mitigate major accidents, the CA will prohibit the bringing into operation, or continued operation, the relevant activities.

In respect of ‘inspection’ of the construction of the project, the Health and Safety at Work Order (NI) 1978 enables appointed Inspectors to visit any site or premises at any reasonable time to review the standards of workplace health, safety and welfare. Upper Tier COMAH establishments are, subject to a minimum of yearly inspections by the CA during the operational stage.

The following legal provisions enforceable by HSENI, will be applicable:-

Health and Safety at Work Order (NI) 1978 and other subordinate health and safety legislation – applicable throughout the lifetime of the project;

The Construction (Design and Management) Regulations (Northern Ireland) 2016 – applicable during the design and construction phase and the decommissioning stage;

Borehole Sites and Operations Regulations (NI) 1995 – applicable prior to commencement of drilling and at the decommissioning stage;

Pipelines Safety Regulations (Northern Ireland) 1997 – applicable during the construction, operation and decommissioning stage;

Gas Safety (Management) Regulations (Northern Ireland) 1997 – applicable during the operational stage;

The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 – applicable throughout the lifetime of the project;

Offshore Installations and Wells (Design and Construction, etc.) Regulations (NI) 1996 –it is expected that the operator will follow the requirements of this legislation to meet with the requirements of COMAH. This will include the requirement for an independent review of the well design to ensure it is designed, modified, commissioned, constructed, equipped, operated, maintained, suspended and abandoned to ensure no unplanned escape of fluids from the well so far as is reasonably practicable and risks to persons are as low as is reasonably practicable.