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01
October 2002
Correspondence
of Home Office with private sector reveals Government’s
current thinking.
Five
years ago this week, the Rt. Hon. Jack Straw MP, then
Home Minister, promised to reform the law of manslaughter
and enact a new offence of Corporate Killing.
Since then, there have been over 2000 work-related
deaths and the Southall, Paddington and Potters Bar
Rail Crashes.
Only three companies have ever been convicted of manslaughter
– all them of them very small. To see the list,
click here
The May 2001 Labour Party election Manifesto also
stated that "Law Reform is necessary to make
provisions against corporate manslaughter"
The Centre has obtained a copy of a letter sent on
10 September 2002 by the Home Office to industries
in the private sector asking them for their "assessment
of the potential effect" of introducing a new
offence of corporate killing. To
download a copy of the Home office letter, Click
here (word)
The letter to the private sector reveals, for the
first since the government published its consultation
document in May 2000, the Government's current thinking
on the proposed reforms. To see what these proposals
say, click
here
The CCA has three concerns about what the Home office
has stated in the letter:
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it is being suggested that in the new offence
the company’s failures will be measured against
"industry standards" even if the industry
standards are inadequate |
| • |
Crown
bodies will continue to have immunity from prosecution
for this new offence |
| • |
Company
managers and directors will not be able to prosecuted
for "significantly contributing" to
the new offence |
The
letter also suggests that the current law only allows
"successful prosecutions" to be brought
adjacent very small companies". Although the
current law does allow large companies to escape accountability
- which is why reform is required - it is not our
view that successful manslaughter proceedings can
never be brought against large companies under
the current law. This depends on the level of failure
on the part of individual directors and senior managers
and the adequacy of the investigation.
The
letter states at the end "We need to complete
this exercise as quickly as possible preferably before
the next parliamentary session beings. Could I therefore
have your returns by Friday 1 November?"
For
Further information contact 020 7490 4494
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