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The Problem Over 300 people die due to work related incidents each year in the UK. Over 100 of these deaths are in the construction industry.Currently the law is not much help since this area is covered by the crime of involuntary manslaughter, an offence that’s particularly difficult to apply to companies and corporations. Despite a series of high profile disasters such as the Zeebrugge Ferry disaster, the Bradford City fire, the Southall and Paddington rail crashes and others, there have been consistent failures in prosecuting those responsible. In fact there have only ever been three successful prosecutions of Corporate Manslaughter, all of which involved small companies, making responsibilities for safety more easily identifiable.
Promises The Labour government promised to reform the law on Involuntary Manslaughter in October 1997 and to introduce a new offence of Corporate Killing, to make companies take health and safety issues more seriously. The DETR and the Health and Safety Commission also produced a report entitled “Revitalising Health and Safety” in June 2000 in which they outlined Directors Duties and proposed percentage of profits fines for guilty companies.These health and safety reforms also featured in the 2001 Labour Party Manifesto and in the Queens’ speech on 6 December 2000.
“A Bill will be drafted to provide for safer travel on the railways, in the air, at sea and on the roads, and will take forward proposals for revitalising health and safety at work.”
“The Government remain committed to the introduction of an offence of corporate killing. We will honour our manifesto commitment to reform the law. We will legislate when parliamentary time allows” But so far, nothing. It’s estimated that 1500 people have died at work since the Labour Party promised the new law. It’s also estimated that 40% of prosecutions might have succeeded had the new law been in place.
“The Health and Safety Executive has analysed figures for 1996 to 1998 and this shows that about 40% of deaths at work, which result in prosecution, would be considered under the new test.” Parliamentary time is obviously very scarce if such life-saving changes cannot get a slot in the House, so Mark had a look at other pressing debates that received precedent since the original commitment: Link to: "The Great House of Lords Christmas Cards Debate" 22 Jan 2002, Column 1386 "Lord St John of Fawsley asked the Chairman of Committees: Whether the arrangements made with regard to the latest House of Lords Christmas cards were satisfactory" -An example of what other pressing debates that have recieved precedent over Corporate Killing.
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