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24 March 2005 - Corporate Manslaughter Bill
Receives Tough New Laws
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It was announced yesterday, Wednesday 23 March 2005, by the Home
Secretary, that tough new laws for fatalities in the workplace, caused by gross
failure at senior management level, have been set out in a draft of the
Corporate Manslaughter Bill.
The current law poses problems, in as much as there is a
requirement to show a top managerial positioned person as being personally
guilty before prosecution of a company can take place.
The new draft Corporate Manslaughter Bill states, that senior
management who have grossly failed to take reasonable care of employees and
others resulting in a fatality, a criminal offence has taken place, allowing the
courts to look at a wider management conduct range.
Responsibility of health and safety working practices set by
senior managers of the company will be focused upon. At present,
investigations are limited only to individual gross negligence of company
bosses. Individual directors criminal liability will still be upheld
in the new proposals, as contained in the existing health and safety laws
however.
The proposals, although applying to Crown bodies, such as
Government departments public sector and industry, will apply to a wider field
when they are carrying out similar activities such as the following:
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Ensuring safe working practices for their employees (e.g. that
staff are properly trained and equipment is in a safe condition).
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Maintaining the safety of their premises (e.g. ensuring that
lifts are properly maintained and fire precautions taken).
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When providing goods and services to members of the public, or
when operating commercially (e.g. providing transport services, operating care
homes or running hospitals).
The Home Secretary commented:
“This Government is committed to delivering a criminal
justice system that commands the confidence of the public. A fundamental part of
this is providing offences that are clear and effective. The current laws on
corporate manslaughter are neither, as a number of unsuccessful prosecutions
over the years stand testament. The Government is committed to reforming this
area of the law and today’s draft Bill marks an important step in delivering
that commitment.
“Reforming the laws on corporate manslaughter is part of the
Government’s wider agenda to modernise the criminal justice system - putting
victims at the heart, protecting the public and ensuring that justice is done.
“The draft Bill covers an extremely complex area of law and
it has taken time to get the proposals right. The draft Bill aims to ensure that
the law is effective bringing organisations to account when they have shown a
clear disregard for the law with fatal consequences for members of their
workforce or others.”
Mr. Bill Callaghan, Health and Safety Commission Chairman said:
“The Health and Safety Commission has long been a supporter
of a new and effective corporate manslaughter offence. We are very pleased to
see the Home Office proposals, and that they reflect HSC thinking, especially
with regards to application to the Crown. This adds emphasis to our message that
sensible health and safety is a cornerstone of a civilised society.
“We hope that the publication of the proposals means that
there will soon be new and effective legislation in place.
“Our strong support for the new proposed offence, is based on
the fact that we consider it will increase the deterrent effect already offered
by existing health and safety penalties.
“Any new offence should be applied proportionately, and we
believe it should be reserved for the most serious cases, to properly reflect
society’s condemnation for workplace deaths caused by extreme disregard for
health and safety.
“Companies that comply with health and safety law have
nothing to fear from any new offence. As now, companies will need to manage
risks, not eliminate them. This is sensible health and safety.”
Article by Alexandra Johnston
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