153. Memorandum submitted by TUC Certificate
in Occupational Health and Safety Students, Derby College, 2004-05
This submission has been prepared by the TUC
Certificate in Occupational Health and Safety students (2004-05)
based at Derby College (as listed at the end of the submission.).
We are forwarding this submission to you for
consideration.
We would like to congratulate Her Majesty's
Government for drawing up this draft bill.
We feel that our submission will enhance the
draft bill and make it a more effective piece of legalisation.
For far too long now the law relating to corporate
manslaughter has been inadequate. Therefore, in principle, we
welcome the potential for improvement to the existing legislation.
Having considered the draft bill we wish to
make the following comments:
1. We feel that the proposed bill does not
go far enough with regard to identifying culpability and providing
an appropriate penalty.
2. We feel that the possibility of a custodial
sentence should apply to all senior management , not just a fine
of the organisation (clause 1 (4)).
3. Anyone with a supervisory role (eg in
charge of a work-site, or project) should be held responsible
and accountable (directive mind) (clause 2).
4. Transfer of functions to be applied to
all corporations not just Crown bodies (clause 9).
5. There should also be a secondary offence
pertaining to where a person is seriously injured although not
killed (conduct liable to lead to manslaughter).
6. Fines alone are not a sufficient deterrent.
Other options should be explored, such as custodial sentences
or banning a guilty party from being a director of any company,
or from holding responsible office under the Crown, for life.
This would give courts options for sentencing whilst avoiding
threatening continuing employment by unlimited fines (clauses
1 (4) and 1 (5)).
7. We recommend that the test on " Gross
Breach" is clarified by placing "or" after 2(b)
(i)and 2(b) (ii) in clause 3.
8. If time constraints for a prosecution
to proceed under the bill are established, then these must be
related to the time that CPS/Police/HSE/Coroner complete their
reports.
9. We require a right of appeal against DPP
decisions (Clause 1(6)).
10. We recommend that Clause 1 (1)(a) is
reworded to reflect the need for a prosecution to proceed if an
injured party's death occurs some time after the event. We suggest
"causes a person's death either by the breach complained
of, or subsequent to the breach complained of".
OVERALL SUMMARY
If our submissions are put into the bill, we
believe this will make this bill a stronger and more effective
tool.
This will assist the government in fulfilling
their pledge to reduce workplace related deaths and serious injuries,
thus creating a safer working environment for all.
We also believe that this submission will make
sure that those who have a duty of care, and are found guilty
by a jury of their peers are suitably held accountable and appropriately
sentenced or fined.
We trust you will give due consideration to
our submission and await your response.
Stewart Caitlin
Lionel Collins
Ian Cutts
Eamon Furey
Gloria Glasby
John Hadfield
Rob Hicks
Steve Jeggo
Elizabeth Lithgow
Clifton Martin
Gordon Osborne
David Powell
Steve Thorley
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