Latest News on Corporate Manslaughter Bill

Following much controversy and debate covering a period of 10 years since the Labour Government promised its introduction in its manifesto in 1997, the Corporate Manslaughter and Corporate Homicide Bill was published on 21st July.

The new bill allows the courts to find a corporate body guilty of killing a person if they can prove that the death was as a result of gross negligence or failure of its senior managers to ensure the safety and welfare of its employees and others. This does not extend to junior managers. This may be for example the failure to provide a safe system of work, or to provide safe plant and equipment.

The bill also applies to Crown bodies, the exclusion of
which has been one of the main sticking points prior to
publication.

Corporate bodies found guilty will face an unlimited fine and can also have a remedial order placed on them to put right, that which caused the death. However the bill is set for a rough ride through parliament as can be seen by the comments made by CBI Director - General John Cridland stressing "the need for clarity in establishing whether or not a company has behaved in a grossly negligent manner" and "much work will have to be done to ensure that the final shape of the legislation gets the detail right" Mick Antoniw of trade's union solicitors Thompsons welcomed the bill but commented "We will be pressing MP's to introduce amendments to strengthen the bill."

It is expected that the bill will not be placed on the statute books before 2008.