Menu
23/03/2005
Government Bill to tackle corporate manslaughter
Home Secretary Charles Clarke has unveiled plans to make it easier to prosecute companies when fatal accidents occur.
Under the proposed Corporate Manslaughter Bill, it would become a criminal offence if someone were killed because senior management "grossly failed to take reasonable care for the safety of employees or others".
Under the current law, prosecutors need to prove that a single individual at the very top of a company is personally guilty of manslaughter in order for a case to proceed.
The new offence would allow courts to examine a wider range of management conduct and focus responsibility on an organisation's working practises, rather than individual's gross negligence.
The maximum penalty for the offence would be an unlimited fine, rather than a custodial sentence, because companies would commit the offence, not individuals.
The new proposals would apply to Crown bodies, such as government departments, as will as the wider public sector and industry. The Home Office said that this would create "a broad level playing field" between the public and private sectors.
However, there are areas that would be exempt from the new proposals, including public and private prisons and services provided by the government during a civil emergency. NHS Primary Care Trusts would also be protected from prosecution for failing to allocate funds to a particular area of patient care.
In the last year, 235 workers were killed at work and more than 30,000 employees suffered major injuries. However, only 11 company directors have ever been convicted of manslaughter following a work-related death and of those, only five were imprisoned – five others received suspended sentences and one was given community service.
The Home Secretary said that the existing laws were neither clear nor effective. Mr Clarke said: "The draft Bill covers an extremely complex area of law and it has taken time to get the proposals right. The draft Bill aims to ensure that the law is effective in bringing organisations to account when they have shown a clear disregard for the law with fatal consequences for members of their workforce or others."
The Transport and General Workers Union (TGWU) said that the proposals were a "significant step" towards safer workplaces, but expressed concerns that the Bill did not require directors to take positive steps on health and safety. The TGWU said that this could mean that the courts would not be able to apply the new offence in cases where individual company directors neglected to maintain safe workplaces. General Secretary Tony Woodley said: "The draft Bill is a chance to ensure that health and safety is taken more seriously in the boardroom, that workers' health is protected through a culture of prevention and that justice is done when tragedies do occur."
(KMcA/SP)
Under the proposed Corporate Manslaughter Bill, it would become a criminal offence if someone were killed because senior management "grossly failed to take reasonable care for the safety of employees or others".
Under the current law, prosecutors need to prove that a single individual at the very top of a company is personally guilty of manslaughter in order for a case to proceed.
The new offence would allow courts to examine a wider range of management conduct and focus responsibility on an organisation's working practises, rather than individual's gross negligence.
The maximum penalty for the offence would be an unlimited fine, rather than a custodial sentence, because companies would commit the offence, not individuals.
The new proposals would apply to Crown bodies, such as government departments, as will as the wider public sector and industry. The Home Office said that this would create "a broad level playing field" between the public and private sectors.
However, there are areas that would be exempt from the new proposals, including public and private prisons and services provided by the government during a civil emergency. NHS Primary Care Trusts would also be protected from prosecution for failing to allocate funds to a particular area of patient care.
In the last year, 235 workers were killed at work and more than 30,000 employees suffered major injuries. However, only 11 company directors have ever been convicted of manslaughter following a work-related death and of those, only five were imprisoned – five others received suspended sentences and one was given community service.
The Home Secretary said that the existing laws were neither clear nor effective. Mr Clarke said: "The draft Bill covers an extremely complex area of law and it has taken time to get the proposals right. The draft Bill aims to ensure that the law is effective in bringing organisations to account when they have shown a clear disregard for the law with fatal consequences for members of their workforce or others."
The Transport and General Workers Union (TGWU) said that the proposals were a "significant step" towards safer workplaces, but expressed concerns that the Bill did not require directors to take positive steps on health and safety. The TGWU said that this could mean that the courts would not be able to apply the new offence in cases where individual company directors neglected to maintain safe workplaces. General Secretary Tony Woodley said: "The draft Bill is a chance to ensure that health and safety is taken more seriously in the boardroom, that workers' health is protected through a culture of prevention and that justice is done when tragedies do occur."
(KMcA/SP)
Related UK National News Stories
Click here for the latest headlines.
30 January 2014
Lords Back Smoking In Cars Ban Amendment
The House of Lords have backed a Labour amendment that will see the introduction of a ban on smoking in cars carrying children. Labour brought the Children and Families Bill amendment before the House of Lords on Wednesday. Following the backing of peers, MPs have now been told that they will be given a free vote on the issue.
Lords Back Smoking In Cars Ban Amendment
The House of Lords have backed a Labour amendment that will see the introduction of a ban on smoking in cars carrying children. Labour brought the Children and Families Bill amendment before the House of Lords on Wednesday. Following the backing of peers, MPs have now been told that they will be given a free vote on the issue.
14 January 2005
Higher earners could face higher fines
A plan to penalise higher income earners by imposing larger fines for offences has been proposed by the government. The Management of Offenders and Sentencing Bill proposes to increase the maximum fine for an adult in a magistrates' court to £15,000, £3,000 for offenders aged between 14-17 and between £250 - £750 for those under-fourteen.
Higher earners could face higher fines
A plan to penalise higher income earners by imposing larger fines for offences has been proposed by the government. The Management of Offenders and Sentencing Bill proposes to increase the maximum fine for an adult in a magistrates' court to £15,000, £3,000 for offenders aged between 14-17 and between £250 - £750 for those under-fourteen.
09 July 2014
HMRC To Get New Powers To Demand Upfront Payments For Disputed Tax
HM Revenue and Customs are preparing to target some of the biggest names in sport, entertainment and business, with the introduction of new powers in a matter of weeks. The new Finance Bill will give HMRC the power to demand payment of disputed tax bills, meaning those in dispute would have to pay upfront.
HMRC To Get New Powers To Demand Upfront Payments For Disputed Tax
HM Revenue and Customs are preparing to target some of the biggest names in sport, entertainment and business, with the introduction of new powers in a matter of weeks. The new Finance Bill will give HMRC the power to demand payment of disputed tax bills, meaning those in dispute would have to pay upfront.
29 January 2014
Amendment Banning Smoking In Cars With Children Before Lords
The House of Lords is to vote later today on an amendment to the Children and Families Bill, seeking a ban on smoking in cars carrying children. The amendment has been put forward by Labour, who have said that if it is not passed by the Lords today, they will include it in its next election manifesto.
Amendment Banning Smoking In Cars With Children Before Lords
The House of Lords is to vote later today on an amendment to the Children and Families Bill, seeking a ban on smoking in cars carrying children. The amendment has been put forward by Labour, who have said that if it is not passed by the Lords today, they will include it in its next election manifesto.
10 June 2013
January Trial Date For Actor Bill Roache
January 13 has been set as the trial date for Coronation Street actor Bill Roache. 81-year-old Roache faces 7 charges of historical sexual abuse, including two counts of rape against a 15-year-old and five counts of indecent assault against four girls aged between 11 and 16.
January Trial Date For Actor Bill Roache
January 13 has been set as the trial date for Coronation Street actor Bill Roache. 81-year-old Roache faces 7 charges of historical sexual abuse, including two counts of rape against a 15-year-old and five counts of indecent assault against four girls aged between 11 and 16.
-
Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
