83. Memorandum submitted by the Energy
Networks Association
The Energy Networks Association (ENA) represents
the licensed gas and electricity transmission and distribution
companies in the UK.
Our mission is:
— To promote the interests, growth,
good standing and competitiveness of the UK energy networks industry
in the UK and overseas.
— To provide a forum for discussion
among Company members and others of issues which concern or may
affect the interests of the UK energy networks industry and to
disseminate and transmit informed opinion on these matters to
the energy regulator, Ofgem, Government and other institutions.
— To promote and protect the common
interests of the members of the ENA.
— To monitor, influence and campaign
for or against policies, proposals, decisions, and legislative
or regulatory instruments, of Government and other institutions
which may affect the UK energy networks industry.
GENERAL COMMENTS
ENA welcomes and supports the principle that
draft Bill targets corporations and not individuals. Directors
and individuals are already subject to existing health and safety
legislation and already could be potentially liable for a separate
offence under the existing law of gross negligence manslaughter.
We strongly support the fact that the new Bill
compliments other forms of accountability rather than replacing
them.
We also support the intention that the Bill
aims to address the worst cases that involve the most serious
management failures. Other cases should continue to be dealt with
under existing legislation.
SPECIFIC COMMENTS
Section 1(2): The offence of corporate manslaughter
should be applied to all undertakings; Crown Immunity should be
limited to matters of national security only. This would remove
the need for the schedule. If this is not possible then the schedule
should explicitly include all Government Regulators such as Ofgem,
Ofwat, Ofcom etc Whilst section 4(2) refers to an exclusion where
balancing competing demands, ENA does not believe that Regulators
should have an escape route—Ofgem have duties as well as
powers under the Electricity Act for example.
Section 2: Clarification is needed on what constitutes
a "senior manager".
Section 3(2): " . . . the organisation
failed to comply with any relevant health and safety legislation
or guidance. . .."
This appears to imply that "guidance"
now has the status of a statutory requirement which is not acceptable
to our members.
Section 6 (remedial orders): The Draft Bill
as worded means that an organisation can only be asked to remedy
breaches which led to the manslaughter once it has actually been
convicted. This could take some considerable period of time which
could potentially mean that the circumstances which led to the
death could remain in place for this same length of time. This
should be reviewed as improvements could also be effected via
the Health and Safety at Work Act (improvement notices etc).
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