|
Comment
on Queen's Speech
Embargoed
until end of Queen's Speech, 23 Nov 2004
David
Bergman, Director of the Centre for Corporate Accountability,
said:
"We
are pleased that the Government will soon be publishing
a draft bill, but it should be noted that the Labour
government first promised reform in October 1997
- and it was a manifesto commitment in March 2001.
An apparent lack of Government commitment to reform
has resulted, over the last couple of years, in
a series of broken commitments to publish a draft
bill. These delays now mean that legal reform appears
dependent on the Labour Government winning the next
election.
"When
the Bill is published the key questions to consider
will be:
|
•
|
will
it only apply to companies or also to other employers
including crown bodies. The CCA considers that
it should apply to 'all employers'? |
|
•
|
what
will be the new legal test - and will it allow
organisations to be prosecuted for causing death
as a result of serious management failures without
the need to prosecute an individual? |
|
•
|
what
impact will the new offence have upon directors?
We are concerned that the government's proposals
are unlikely to engage with increasing the accountability
of company directors. |
|
•
|
who
will investigate and prosecute the offence? The
CCA considers that it should remain the primary
responsibility of the police and Crown prosecution
Service |
|
•
|
what
types of sentences will be available. The CCA
considers that there should be sentences other
than cash fines available to the courts, like
corporate probation, corporate community services
and adverse publicity orders." |
To
read more about the manslaughter reform proposals
and the impact of the queen's speech, click
here to go to our update page
|
