15. Memorandum submitted by Councillor
Gordon Graham
I do not believe that the proposals go far enough
in that the new offence would target the liability of organisations
themselves and would not apply to individual directors or others.
I therefore call for the inclusion of formal duties for all company
directors.
Every worker should be able to expect a safe
working environment, the law must change:
1. So that directors are clear that they
have a duty to take steps to prevent death and injuries.
2. As an effective deterrent and as a driver
to improved health and safety standards.
WITH REGARD
TO PRIVATE
PROSECUTIONS
It is the responsibility of the health and safety
executive, local authorities and the procurator fiscal to prosecute
organisations and individuals for health and safety offences.
This responsibility should clearly remain with
these bodies, but the possibility for an injured worker or bereaved
family to initiate a private prosecution is an important constitutional
safeguard against possible allegations of abuse by these prosecution
bodies.
Under the current law, individuals can initiate
private prosecutions for health and safety offences—but
they first need to obtain the consent of the director of public
prosecutions or in Scotland the procurator fiscal. There is no
justification for such a requirement.
The law commission have stated, "the right
of prosecution should be unrestricted unless some very good reason
for the contrary exists"—and in my view no such reason
exists in relation to health and safety offences.
27 May 2005
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