Despite some welcome improvements in the latest draft bill on Corporate Manslaughter, significant flaws still need to be addressed before the proposals can gain full support from industry, according to EEF, the manufacturers’ organisation.
Responding to the latest Home Office consultation on the draft bill, EEF has stressed its support for the principle of modifying the law so that it is easier to hold organisations accountable where gross negligence results in a fatality. However, EEF believes the proposals remain significantly flawed for the following reasons:
- The definition of a ‘Senior Manager’ remains limited to those at strategic levels within an organisation and needs to be reviewed so that all those who have the freedom to act in a decisive manner within an organisation are covered by the legislation.
- Statutory Criteria are proposed to direct the jury in deciding whether an organisation has grossly failed in it’s duty of care. EEF believes that the current criteria are unhelpful and remain open to wide interpretation which would make it very difficult to produce a case. Instead EEF believes the criteria should be based on the principles of risk assessment along the lines of those recommended by the Law Commission.
- The new Bill proposes to give legal status to all HSE guidance as constituting ‘acceptable performance’ in health and safety management. EEF believes that such guidance is often too general to be meaningful and that this could lead to a general ratcheting-up of standards. As an alternative EEF proposes that Approved Codes of Practice should be used as these are already afforded a recognised legal status.
- Inclusion of provision for Remedial Orders is unnecessary and contravenes the principles of Better Regulation. Power to take immediate remedial action is a duplication of power that already exists with the Health & Safety Executive and under the Health & Safety at Work Act.
In addition, EEF also believes there needs to be a balance between making cases easier to bring, and ensuring that they only apply in the most serious of cases. The draft Bill, as it currently stands, still does not achieve this key objective.
EEF does however welcome the proposed application of the draft to Public Bodies. This will ensure a level playing field with private sector organisations engaged in PFI initiatives and the delivery of statutory services.
EEF Director of Health, Safety and Environment, Gary Booton, said:
“Industry supports the principle of this legislation in principle as it will send a strong signal to the tiny minority of businesses who show a wanton disregard for life. However, the current proposals remain flawed and will neither aid prosecution of those responsible for offences nor support efforts to improve health & safety."