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Finally corporate killing bill heads for the statute books
Page 20
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After years of dithering the government finally seems ready to launch legislation on corporate manslaughter. David Harris reports.
THE GOVERNMENT'S longawaited Corporate Manslaughter Bill was published last week and has been broadly welcomed by the industry.
If it becomes law the bill should make it easier to prosecute negligent operators because it removes the need for an individual to be liable in a manslaughter case. Instead responsibility will be focused on operators' working practices, A FreightTransport Association spokesperson says: "It clarifies the law and closes off the loophole which meant that an individual had to be found personally responsible.
"It should increase public confi dence in the industry and if it discourages unscrupulous operators then it is a very good thing."
Home Secretary Charles Clarke says: "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."
Companies found guilty under the new law will face an unlimited fine. But because individuals will not be prosecuted there will be no jail sentences.
However, a spokeswoman for the Home Office says individuals could still be prosecuted sepa rately and jailed under the current law, which will not be affected if the new bill becomes law.
• Late last year Melvyn Spree, boss of Kent haulage firm Keymark Services, was jailed for seven years for manslaughter after he admitted encouraging drivers to flout the tacho rules (CM 9 December 2004).