Ten years in the pipeline (revised)
I welcome the Corporate Manslaughter Bill which has just had its 2nd reading in the Commons. About time, since it's been 10 years in the pipeline, but it is still seriously flawed.
The Bill only covers 'senior managers' who play a significant role in making decisions, so in larger organisations with complex management structures or where much of the work is subcontracted, it may be just as impossible as now to bring a successful charge. The penalties in the bill on involve an unlimited fine or a remedial order - exactly as now - when they ought to include a prison sentence for the most serious offences. In 1996, Labour was clear about the need for directors to be directly responsible for health and safety: http://www.corporateaccountability.org/dl/Corporatekilling/T&GRep.pdf . Briefings from UCATT and the TGWU stress the importance of director’s duties being included, either in the bill or by amending existing health and safety legislation, and that it must be done in conjunction with the main bill itself, not afterwards. We must make sure that this happens.
Unincorporated bodies, including partnerships, are excluded and this large loophole should be closed. And not only should directors have a statutory duty to comply with health and safety obligations, but there should also be a 'secondary liability' to include anyone in the organisation who conspires or colludes in an act which results in death.
Briefings & case studies:
http://www.tgwu.org.uk/Templates/Campaign.asp?Action=Display&NodeID=92872
http://www.tgwu.org.uk/Templates/Campaign.asp?NodeID=91394