Corporate killing law - Will it ever happen?

Following a commitment to introduce a draft Corporate Manslaughter Bill in this week's Queen's Speech, the Government came under attack for not pressing ahead quickly enough.

Union leaders said a draft bill represented a "serious slippage'' in terms of time and expressed fears it would not become law before the next General Election, which some think could take place as early as May 2005.

The draft Bill, which will apply to England and Wales, would create a new offence that targets failings in the strategic management of a company's activities that result in death.

Alan Ritchie, general secretary of construction workers' union Ucatt, said: "A million construction workers and their families will be massively disappointed that all we have is a draft bill.

"If the Government doesn't make corporate killing a top priority in coming months so that we have legislation in place before the next General Election there will be no deterrent for bad employers."

Dave Prentis, general secretary of Unison, added: "The Government have set themselves an impossibly heavy schedule if they are to deliver all the legislation outlined before the expected spring election.

"My real worry is what may fall off the legislative agenda. It would be shameful if the long overdue bill for corporate manslaughter, a commitment made to unions, was not fast-tracked through this parliamentary session."

'No Bill this session'

These concerns were amplified by the Centre for Corporate Accountability (CCA), which has long campaigned for the introduction of corporate killing legislation.

Reacting to the Queen's Speech, a spokesman for the Centre said: "It is unclear how soon the Home office will be publishing the draft Bill.

"Once the draft bill has been published it will then be subject to pre-legislative scrutiny. This is likely to be done during the next session of parliament, assuming the Bill is published soon."

He added: "No Bill will actually be put before Parliament in this legislative session. What happens to the Bill depends entirely on whether the Labour Government gets re-elected or not. Even if they do get elected, we will have to wait and see whether or not the new Government gives it any priority.

"If the Conservatives get elected, it is unlikely that this Bill will be debated before Parliament."

The CCA claimed there were still "substantive issues" to be agreed by the Cabinet Committee considering the new law, with one of the main issues of contention "likely to be whether the new offence should apply to Crown bodies or not."

Draft Bill reaction

The Institute of Directors (IoD) said it welcomed the proposed Corporate Manslaughter Bill, adding that it had been a supporter of new legislation since the Home Office consultation back in 2000.

Miles Templeman, director general of the IoD, said: "Directors need to have certainty in the law. An offence of corporate manslaughter should be a potent force in raising awareness and prompting better practice in organisations in the private and public sectors. We look forward to seeing the proposals in more detail."

The IoD added that it hoped any new law would be confined to prosecution of the offending organisation, and not a means of finding individual scapegoats.

The IoD said it hoped the new law would be confined to prosecution of the offending organisation, and not a means of finding individual scapegoats.

John Cridland, deputy director of the CBI added: "This is a complicated issue and we are pleased the Government is taking time over the legislation. The new law must be fair. The grossly negligent must be separated from genuinely responsible employers who do everything possible to ensure safety.

"We also want to see the Government address the issue of Crown immunity. Any rules must apply equally to the public sector and business."

TUC general secretary Brendan Barber commented: "After many years of waiting, we are pleased to see a draft Bill on corporate manslaughter finally make it into the Queen's Speech. The proposed legislation will make life more difficult for the bosses who show scant regard for the health and safety of their employees and the public.

"But we are disappointed that the Bill doesn't threaten individual directors with the ultimate sanction of a jail sentence, nor does it end Crown immunity. The Government should be leading by example and we will continue to press ministers to change their minds on these crucial points."

Latest commitment

Eighteen months ago, in May 2003, the Home Office issued a press release stating that "it will publish a draft Bill on corporate manslaughter" and that "a timetable for legislation and further details would be announced this autumn."

In the Queen's Speech last year no mention was made of legislation, although the Home Office said at the time that this did not effect its commitment to publish a Bill "by the end of the year".

At a conference in April 2004 Home Office minister Baroness Scotland said she hoped a draft Bill would be published before the end of the current parliamentary session - now over.

The Government first promised reform in this area in October 1997, published a consultation document in 2000, and made a manifesto commitment in 2001.

Companies can under the current law be prosecuted for manslaughter. However, a new corporate killing law would allow a company to be prosecuted for causing death as a result of a "serious management failure" on the part of the organisation.

In effect, the new offence could make it easier to prosecute a company or possibly other employing organisations following a fatal accident.

It is currently considered difficult under existing criminal law to prosecute a company - particularly large companies. At present the "legal test" is whether or not there is sufficient evidence to prosecute a director or senior manager - the 'controlling mind' of the company - for manslaughter, which requires evidence of 'gross negligence'.