76. Memorandum submitted by the Health
and Safety Commission
The Commission would like to express its strong
support for the proposal for a new offence of corporate manslaughter.
We share Government concern about the unsatisfactory common law
position, this makes it very difficult for a prosecution to succeed
because of the need to identify a single "guiding mind"
as culpable. Whilst prosecutions are likely to be infrequent,
the proposed new offence will be an important addition to the
range of enforcement options that are available when a fatality
results from particularly serious management failures, and will
add to their overall deterrent effect.
As you know, HSE officials have worked with
the Bill Team over a considerable period in support of this reform,
and we are pleased to see that the proposals reflect our thinking.
We are especially pleased to see that it would, in general, apply
to the Crown. However there are certain exceptions, where Crown
immunity is preserved. The Commission view is that any such exceptions
should be as limited as possible, and we would like HSE officials
to discuss with your team the implication of and reasoning behind
the exemptions in the current draft Bill.
As you know, the Commission wishes to pursue
a number of policy changes in relation to health and safety offences,
specifically the removal of Crown immunity and increases in maximum
penalties. HSE officials will continue to discuss with the Home
Office ways of securing these objectives, and the possibility
of using this Bill as a vehicle. The desirability of consistency
in how the law applies to the Crown should be part of these discussions.
The Commission also believes it important to consider whether
any of the Bill's provisions require re-examination to provide
greater clarity and certainty. Lastly we should try to ensure
that Scottish law in this area moves forward to a similar timetable
to that in England and Wales.
The Commission looks forward to seeing effective
new legislation in place which raises the profile of health and
safety and has a real deterrent effect. HSE officials will continue
to support the Bill Team in its efforts in whichever ways it can,
and we look forward to seeing the Bill being introduced into Parliament
as soon as possible.
26 May 2005
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