OFFICE DELAYS PUBLICATION OF CORPORATE KILLING
The Home Office has confirmed to the Centre
for Corporate Accountability today that it will
not be publishing proposals to reform the law
of corporate manslaughter until 2004.
IMMUNITY FOR MANSLAUGHTER OFFENCES UNDER CHALLENGE
Any reform to the law of manslaughter must apply
employing organisations - including Crown Bodies,
not just companies - in order for the Government
being in violation of its human rights obligations
to a legal opinion produced by human rights lawyers
SPEECH: CORPORATE KILLING LEGISLATION?
To read what the CCA understands to be the situation
about the Government's intention to reform the
law of manslaughter, and to see up-to-date details
of all work-related manslaughter convictions,
acquittals and on-going cases - including a new
work-related manslaughter prosecution that starts
at the Old Bailey on Tuesday 25th November.
CRIMINAL JUSTICE SYSTEM IN THE SPOTLIGHT
Scotland's Criminal Justice system and the
way it deals with work-related deaths and injuries
will be in the spotlight at a conference being
held in Glasgow on Thursday 23 October 2003.Speakers
from the Health and Safety Executive, Crown
Office, Scottish Chambers of Commerce and the
STUC will speak alongside lawyers, academics
and bereaved families.
TO DECIDE TODAY WHETHER THE LAW SHOULD IMPOSE
SAFETY DUTIES ON COMPANY DIRECTORS
The Health and Safety Commission is meeting today
(Tuesday, 14th October) to decide whether company
directors should be required in law to take reasonable
steps to ensure that their company is complying
with health and safety law.
REPORT SHOWS SHARP ENFORCEMENT DIFFERENCES BETWEEN
The CCA has undertaken an analysis of how different
local authorities enforce health and safety law
which shows wide divergences in the levels of
inspection and investigation between the different
local authorities. The report, "Safety Lottery:
How the Level of Enforcement of Health and Safety
Depends on Where you Work," is published
by the public section union, UNISON, and the CCA.
SHOULD BE PROSECUTED IN LIMITED CIRCUMSTANCES
SAYS NEW HSE GUIDANCE
HSE inspectors have been told that the prosecution
of directors, managers and other individuals should
in general take place in limited circumstances.This
direction comes in detailed HSE guidance provided
to its inspectors concerned with the investigation
and prosecution of health and safety offences
REDUCES NUMBER OF INVESTIGATIONS INTO
WORK-PLACE MAJOR INJURIES
HSE is planning to reduce the number of major
injuries that its inspectors will investigate,
and the amount of time that its inspectors will
spend on the investigations that they do carry
out. These plans are contained in new instructions
that the HSE have sent to its inspectors. The
HSE believes that the organisation has become
too focused on the investigation of deaths, injuries
and other incidents and should "restore a
largely preventative focus."
JUDICIAL REVIEW HEARING CONCERNING ADEQUACY OF
AN INQUEST STARTS MONDAY
The High Court begins a two day hearing on Monday
21 July which will decide whether a new inquest
should be held into death of Stephane Aineto.
It is a "critical test case concerning accountability,
and human rights", says Bindman's Solicitor.
Mr Aineto, a 28 year old French man, was killed
in Brighton in July 2001 when he was run over
by a Council refuse truck.
RESPONSE TO CPS DECISION TO PROSECUTE OVER
The decision to prosecute two large companies
over the Hatfield disaster is very significant.
It is very rare for the Crown Prosecution Service
to prosecute a large company for manslaughter.
There have only ever been a handful of companies
convicted of manslaughter - all of which have
Conference on Corporate Crime next week
Government ministers, MPs from all main political
parties, trade unions, employer organisations,
bereaved families and the Health and Safety Executive
are all speaking at a major conference in London
on 'Law Enforcement and Corporate Criminal Accountability'.
Court gives permission for legal challenge over
HSE's Failure to prosecute following death of
a 12 year old boy
A decision by the Health and Safety Executive
not to prosecute following the death of a twelve
year old boy will now be subject to a 'judicial
review' before the High Court following a ruling
by Mr Justice Moses.
Bills published on 'Corporate Killing' and 'Directors
As part of the debate on the Government's proposals
to create a new offence of Corporate Killing and
to impose Duties upon Company Directors, the CCA
has drafted two Bills.
Update : Transco Homicide Prosecution Collapses
Scotland's Court of Criminal Appeal has dismissed
'culpable homicide' charges against Transco PLC,
the gas supply company, relating to the deaths
of four people who died on December 22, 1999 when
a massive explosion destroyed a family
house in Larkhall.
Directors Convicted of Health and Safety Offences
Fifteen people who are either company directors
or very senior managers have been convicted of
health and safety offences between April 1999
and January 2003, according to research conducted
by the CCA. These convictions, following offences
that were committed between October 1996 and October
2001, resulted in the directors/ senior managers
receiving an average fine of £2,656. None
were sent to prison.
Comment on Guardian story: "Firms Face Corporate
from CCA 'Work-Related Death Monitoring Project'
workers have been killed in the last six weeks
according to research by the CCA's 'Work-Related
Death Monitoring Project'.
Audit Office to hold Inquiry into the Work of
The National Audit Office (NAO) is undertaking
an inquiry into the role of the Health and Safety
Executive in improving health and safety in the
Construction Industry. This is the first inquiry
by the NAO into the HSE for 9 years.
Note on Fortchoming Judicial Review
On Tuesday 18 March 2003, the High Court begins
a two day hearing concerning whether a decision
by the Crown Prosecution Service not to prosecute
Salford City Council for the manslaughter of
a 30 year old man in the Council's care, was
lawful. It is the first time that a challenge
has ever been made against the CPS concerning
a failure to prosecute a council for manslaughter.
Briefing Published on Corporate Killing
Disaster Action, the CCA and the TUC launch a
new report on 'Corporate Killing'
General Gives Permission for Legal Challenge against
Coroner over Work-Related Death.
Report says that new offence of 'Corporate Killing'
will improve safety and increase accountability.
challenges failure by HSE to provide Reasons over
Website publishes ten years of Ombudsmans' reports
concerning the HSE, and provides detailed advice
on how the public can complain about the conduct
of the HSE and other Government Bodies.