48. Memorandum submitted by the British
Ports Association
We support measures which are intended to improve
levels of safety and indeed, the ports industry has dedicated
considerable effort, especially since the setting up of the Safer
Ports Initiative in September 2002 to setting targets whereby
it can measure its progress in protecting lives and improving
safety.
We note that the Bill is intended to focus on
"management failings" and requires evidence of "gross
failure" whereby conduct "falls far below" what
could reasonably be expected. This approach, carefully defined
in legislation, is one that we can support. Equally, we support
the switch of the focus from individuals to corporations.
We appreciate that this initiative is to address
public concern, particularly about very high profile cases. If
a prosecution were to be mounted, this would no doubt require
considerable resources and would pre-suppose a systematic management
failure over a significant period of time. This would be in spite
of the efforts by the HSE to spread effective safety guidance
to the industry. We hope that resources will continue to be dedicated
towards preventative measures and to encouragement and training
rather than resorting to complex and expensive prosecutions.
We support the approach outlined in the consultation
and wish to see these intentions clearly transposed into the draft.
15 June 2005
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