Labour Research February 2006

Health & Safety Matters

Unions seek improvements to corporate killing bill

MPs have echoed claims by unions and safety experts that the government's draft Corporate Manslaughter Bill must be strengthened if it is to have a significant impact on deaths at work.

A joint report from the parliamentary Home Affairs and Work and Pension Committees, published at the end of last year, says the bill is too weak in its present form.

The report incorporates recommendations by unions and safety campaigners to significantly improve the law - particularly the demands for individuals to be capable of prosecution if they have contributed to a fatality, and for the government to introduce statutory safety responsibilities for directors.

"We urge the government to accept this report and bring an amended bill before parliament as soon as possible," said Derek Simpson, general secretary of the professional union Amicus. "Unless individual managers feel the real heat of the law against them, we do not think company behaviour on health and safety will change. The government now has the chance to turn up the heat, and we urge them to do it."

Other suggestions in the report include:

* making companies liable for prosecution for "management failure" rather than just senior management failure;

* writing "pre-sentencing" reports on companies so that the courts can consider their safety history;

* allowing private prosecutions; and

* providing a wider package of penalties - such as fines related to turnover - to reflect the gravity of the crime.

"At last the lawmakers are starting to take the corporate law breakers seriously," said Paul Kenny, acting general secretary of the GMB general union. "These proposals can make a real difference, and GMB members want to see real change and justice for those who are killed and maimed at work. These changes should not delay the bill any longer, and the GMB wants to see a bill with teeth enacted before the end of this parliamentary session."

Draft Corporate Manslaughter Bill: Home Affairs and Work and Pensions - First report is available at www.publications. parliament.uk/pa/cm200506/cmselect/cmhaff/540/54002.htm