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2
Dec 2004
Bhopal 20 years on: New Manslaughter Bill unlikely
to bring British companies causing death abroad to
account.
British
Companies whose serious negligence causes deaths abroad
will not be brought to account as a result of the
Labour Government's new manslaughter bill, due to
be published this month.
Although individual British citizens who commit manslaughter
abroad can be prosecuted through the British courts,
the government is planning to restrict the application
of its new offence of corporate manslaughter so that
it only applies to companies that cause death in Britain.
The
CCA has written to the Home Secretary today - on the
20th anniversary of the Bhopal disaster - urging him
to reconsider the Government's position on this matter.
20
years ago, on the night of the 2 December 1984, 3000
people were killed in the Indian city of Bhopal after
chemicals leaked from a pesticide company owned by
the US company, Union Carbide. To read more about
the Bhopal disaster see the new amnesty international
report: click
here to see press release or here
to download their report.
David Bergman, Director of the Centre for Corporate
Accountability said:
"Unless
the British Government changes its current position,
if a Bhopal disaster happened after the new manslaughter
bill becomes law, and the the company responsible
was a British company, it could not be prosecuted
for manslaughter, even if the deaths were result
of very serious failures on the part of the company,
and even if the policies and decisions were made
in England and Wales."
"There is simply no reason why British companies
should be treated differently from British citizens
and not be prosecuted for manslaughter if there
is sufficient evidence against them. The reality
is that otherwise such companies are not held accountable
in any jurisdiction, as in the case with Bhopal
and Union Carbide."
This
issue does not simply relate to mass deaths like the
Bhopal disaster - but also individual work-related
deaths abroad - of both British and non-British nationals
- as a result of activities of British companies.
"By
operating outside Britain, British companies should
not be able to abandon all health and safety standards
and cause deaths with impunity." added David
Bergman
It
is not known how many individual deaths are directly
caused by the activities of British companies - there
is no reporting mechanism - but the CCA's advice service
is currently advising two British families who died
abroad whilst working for British companies.
To
read a briefing (first written in 2000 as a response
to the Home Office consultation on reform to the law
of manslaughter) on this issue, click
here
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