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"International
Corporate Homicide Reforms Eclipse British Proposals"
conference hears.
New laws passed by the Canadian parliament in November
2003 will have far wider implications on employing
organisations, company directors and managers compared
to the "Corporate Killing" reforms so far
proposed by the British Home Office a major conference
in London heard today.
In
addition, new legislation in Australia – as well
as recently proposed reforms in Ireland – are
also likely to have a bigger impact.
The
conference, organised by the Centre for Corporate
Accountability, brings together speakers from the
the Home Office, Health and Safety Executive, Industry,
trade unions, safety groups and bereaved families.
Baroness
Scotland, the Home Office Minister, is due to speak
at 9.45 to explain the Government's current position.
The
Conference will also hear :
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there
is a consensus between trade unions and employing
organisations that any new offence must not only
apply to companies but all government and crown
bodies. |
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concerns
held by trade unions, legal organisations and
safety groups that the government's proposals
will not result in greater criminal accountability
of company directors. |
David
Bergman, Director of the Centre for Corporate Accountability
told the conference:
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"The
Canadian legislation:
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applies
its reforms not only to "companies",
but also to all other organisations including
"unincorporated associations" and all
"public bodies". |
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makes
it easier to prosecute these bodies not only when
serious negligence has resulted in death but also
when it has resulted in serious injuries. |
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imposes
a legal duty upon directors and others with supervisory
responsibilities ‘to take reasonable steps
to prevent bodily harm to that person, or any
other person, arising from that work or task." |
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allows
the courts to sentence the company to probation
orders, requiring organisations to make far reaching
changes to its policies and to report back to
the court. |
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In
contrast the most recently articulated Home
Office proposals would only apply to companies,
do not involve serious injuries, do not impose
any legal duties upon company directors and
do not propose any original sentencing powers."
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The
Canadian legislation is known as the Westray Bill
after the disaster in 1992 which killed 29 miners
and spurred legislative action. It is notable that
whilst in Canada there was an interval of only eleven
years between the Westray disaster and changes in
the law, in Britain it has been nearly sixteen years
since the 1987 Zeebrugge disaster (which was the first
of many disasters in Britain) and still no bill has
been tabled before parliament, yet alone enacted.
The conference will also here that it is not only
in Canada where far reaching reforms are taking place.
New legislation passed last year in the Australian
Capital Territory - a province of Australia –
creates a new offence of "industrial manslaughter"
which allows for the prosecution of both organisations
and senior managers.
Like the Canadian proposals, the Act also imposes
a legal duty on all senior officers of an employer
"to avoid or prevent danger to the life, safety
or health of a worker of the employer".
And in Ireland, proposals have been published that
would make it easier to prosecute company directors.
The
Conference is taking place at Congress House, Great
Russel Street, London WC1. The conference starts at
9.30 a.m.. Baroness Scotland will speak at 9.45.
To
read more about who else is speaking at the conference
and download a programme, click
here.
To
read a briefing on the issues, click here
Contact
Details
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CCA
- Press Enquiries
Contact: David Bergman or Philip Berman
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020 7 490 4494 (office)
07967
078392 (mobile)
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