The idea behind the Bill is to introduce an offence applying to organisations where the organisation’s activities are managed or organised by its senior managers in such a way that a person’s death is caused which amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
The Bill was introduced to the House of Commons on 20 July 2006. In March 2005 the Home Office had published a Bill on Corporate Manslaughter which only applied to England and Wales . In Scotland , an Expert Group had been set up in April 2005 to look into the introduction of an offence of Corporate Homicide. What is new in this July 2006 Bill is that the Bill extends to the whole of the UK, presumably recognising that the subject matter is one of health and safety therefore having UK-wide relevance.
The Bill creates a new offence of Corporate Manslaughter ( England and Wales ) and Corporate Homicide ( Scotland ). As set out in the March 2005 Bill, the 2006 Bill applies to companies and other incorporated bodies, Government Departments and similar bodies and police forces. The Bill does not give rise to individual liability - which had been part of the March 2005 Bill, but apparently not what the Scottish Expert Group had been considering.
- The common law offence of manslaughter by gross negligence (applicable in England and Wales ) is abolished in its application to Corporations under the Bill.
- Prosecutions against individuals continue to be possible for the common law offence of manslaughter in England and Wales . The common law offence of culpable homicide remains unaffected in Scotland.
It will be interesting to see if any separate legislation is introduced in relation to Directors’ Duties as the Health & Safety Commission was awaiting the outcome of this 2006 Bill before looking again at the possibility of new legislation being introduced to place specific Health & Safety duties on Company Directors.
Alternative Penalties for Health & Safety Offences
The Health & Safety Commission (HSC) is considering what the impact would be of introducing alternative penalties for Health & Safety offences as part of its general evaluation of the impact of the HSC’s Enforcement Policy, due to be completed in 2006. Amongst the alternative penalties put forward by the HSC are:
- Administrative Fines
- Fixed Penalties
- Remedial Orders
- Adverse Publicity Orders.
Better Safe Than Sorry …
A Health & Safety prosecution was brought at Cupar Sheriff Court following an accident that occurred on 2 February 2005 during electrical installation work being carried out at St Andrews University .
Two experienced electrical engineers were carrying out live testing when an explosion occurred. Both men suffered burns to their faces and upper bodies. In the case heard at Cupar Sheriff Court the University and the employers of the two men admitted charges brought against them under the Health & Safety at Work Act 1974.
Notwithstanding the fact that health and safety measures were in place, the court heard that those procedures had not been followed and the tests carried out had not in fact been part of the installation work required. The University was fined £5,000 and the employer was fined £10,000, the court acknowledging that in this case the employer was more responsible than the University.
(Information posted in September 2006 and may not have been updated at time of reading).