Unions to press Government on corporate killing
Britain’s leading trade unions have vowed to press the Government to rapidly introduce tough legislation on corporate killing.
The Government confirmed in Tuesday’s Queen’s Speech that it would be introducing a Draft Corporate Manslaughter Bill that could hold companies to account in the event of a death at work where there has been management failure or inadequate safety precautions.
Currently, successful prosecutions must prove that there had been “gross negligence” on the part of a named director. If an individual cannot be held accountable, the company as a whole can escape prosecution. Campaigners hope that new legislation would make it easier to obtain convictions by allowing wider management procedures and the company as a whole to be held responsible.
But, no timetable for the draft bill has been announced, and with the next legislative session likely to be short due to the General Election, many of the Bills announced in the Queen’s Speech will run out of parliamentary time and fail to reach the statute books.
Dave Prentis, the general secretary of UNISON, said that he would be pressing the Government to fast-track the corporate manslaughter legislation.
He said: “The Government have set themselves an impossibly heavy schedule if they are to deliver all the legislation outlined, before the expected Spring election. My real worry is what may fall off the legislative agenda, it would be shameful if the long overdue bill for corporate manslaughter, a commitment made to unions at Warwick, was not fast tracked through this parliamentary session.”
Amicus’ general secretary Derek Simpson also expressed concern about the timescale, saying: “A draft bill represents serious slippage in terms of time – we had expected a corporate manslaughter bill in the Parliament just gone or at least before the election.”
The TUC and the T&G both promised to press the Government on introducing tough legislation. Brendan Barber of the TUC said they were “disappointed that the bill doesn’t threaten individual directors with the ultimate sanction of a jail sentence, nor does it end crown immunity. The Government should be leading by example and we will continue to press ministers to change their minds on these crucial points.”
Tony Woodley, T&G General Secretary, said: “Campaigners for a new offence of corporate manslaughter will consider today’s announcement a vindication of the case we have been making for years.
“The Government are right to take action, but legislation must be effective and hold individual directors responsible. Our experience in industries such as construction shows that fines alone do not change health and safety culture.”
The Confederation of British Industry (CBI), however, welcomed the gradualist approach. Its deputy director general, John Cridland, said: “This is a complicated issue and we are pleased the Government is taking time over the legislation. The new law must be fair.
“The grossly negligent must be separated from genuinely responsible employers who do everything possible to ensure safety.”
The Scottish Executive did announce a timetable for the consideration of a new corporate homicide offence. Justice Minister Cathy Jamieson said that she would be consulting on proposals to introduce an offence of corporate homicide in Scotland, with a consultation paper expected in the New Year.
She said: “I know there is public concern that there is a possible gap in the law that makes it difficult for companies to be prosecuted for deaths that are attributable to management failures.
“This is a very complex area of law and it is crucial to get the issues of accountability right. Consultation on specific proposals will be a very helpful step in addressing those issues.”
