| Company directors across the UK are preparing | | | | failure leading to the death. |
| themselves for one of the biggest legislative | | | | Another tool at the courts' disposal is the use of |
| shake ups to direct corporate accountability in a | | | | a publicity order. This would require companies to |
| very long time. The Manslaughter and Corporate | | | | take out ads specifying the fact they were found |
| Homicide Act comes into force on 6th April 2008 | | | | guilty and the amount of the fine. This may be |
| and business lawyers are urging businesses to | | | | particularly useful if the company in question is an |
| check their level of risk. | | | | established brand or well known name. The new |
| The new law follows events such as the | | | | laws will apply to companies, partnerships and for |
| Paddington and Southall rail crashes and the ICL | | | | the first time, Crown institutions which were |
| Stockline explosion which have increased public | | | | previously immune. However, the new law will not |
| awareness in regard to the lack of accountability | | | | be retrospective. |
| in large private companies. | | | | Although widely accepted as a step in the right |
| Roughly 40,000 people have been killed in | | | | direction, it has been suggested by some groups |
| commercially related circumstances between 1966 | | | | that the reforms do not go far enough. In a 2003 |
| and 2006 with 34 companies prosecuted for | | | | MORI poll for the Transport and General Worker's |
| homicide and seven resulting in convictions. In the | | | | Union, 65% of people surveyed felt that |
| past year there have been over 600 fatal work | | | | workplace safety will only improve if directors can |
| related injuries, with other injuries ranging from | | | | be personally prosecuted. The joint committee |
| amputation of limbs to loss of sight and | | | | report from the Home Affairs and Work and |
| electrocution. | | | | Pensions Committee suggested that individuals as |
| The old common law system revolved around the | | | | well as companies should be prosecuted, however |
| "identification principle" which meant a senior | | | | this was rejected by the government. The |
| individual had to be found to have acted in a | | | | Institute of Directors said that "the Home Office |
| negligent manner. Often, the sheer number of | | | | now had he opportunity to put forward legislation |
| workers, managers, senior staff and delegated | | | | that will fill a gap in criminal law by creating a |
| management systems meant that it was nearly | | | | workable offence of Corporate Manslaughter". |
| impossible to trace accountability to one specific | | | | It seems victims and families seeking legal advice |
| person; the new system does away with this | | | | are not as concerned with placing a monetary |
| stumbling block. | | | | value on the death/injury/medical condition but |
| The new law creates a specific offence of | | | | are more concerned with trying to ascertain |
| "corporate manslaughter". If the company causes | | | | some accountability and for the company to take |
| a death through bad management which amounts | | | | responsibility and rectify the failures so that the |
| to a gross breach of the company's 'duty of care' | | | | situation does not repeat itself. |
| to the deceased, this could lead to a conviction. | | | | The new laws go some way to making larger |
| The management of the company must be a | | | | companies more accountable but it seems to be |
| substantial contributing factor to the death. | | | | the general consensus that they do not go far |
| The new law does not lower the standard of | | | | enough as there is still no direct personal |
| proof required which is still beyond a reasonable | | | | accountability for individual mangers/directors |
| doubt, but if found guilty, companies can be fined | | | | behaving in a grossly negligent manner but hiding |
| an unlimited amount and remedial orders can be | | | | behind the public face of the company. |
| made to force the company to remedy the | | | | |