Home Secretary: New bill

A long-awaited draft bill to create a new crime of corporate manslaughter has been announced by home secretary Charles Clarke.

The plans, which will make it easier to prosecute companies responsible for fatal accidents, were a manifesto commitment from Labour's 2001 election campaign.

Companies will be liable for corporate manslaughter if their senior management "grossly fails to take reasonable care for the safety of employees or others".

But the offence will be applied to the organisation rather than individuals, so directors will not face jail.

Under the plans the maximum penalty will be an unlimited fine.

Making the announcement on Wednesday, Clarke said: "This government is committed to delivering a criminal justice system that commands the confidence of the public.

"The current laws on corporate manslaughter fail in this respect, as a number of unsuccessful prosecutions over the years stand testament.

"The government is committed to reforming this area of the law and today's draft Bill marks an important step in delivering that
commitment."

The new law will apply to Crown bodies - such as government departments - as well as the wider public sector.

However, some government functions will remain exempt, including prisons and, under certain circumstances, the emergency services and the NHS.

Clarke added: "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."

'Civilised society'

The move was welcomed by Health and Safety Commission (HSC) chairman Bill Callaghan.

"We are very pleased to see the Home Office proposals and that they reflect HSC thinking, especially with regards to application to the Crown," he said.

"This adds emphasis to our message that sensible health and safety is a cornerstone of a civilised society."

And TUC general secretary Brendan Barber was also pleased the new law was being introduced, as promised, in this session of parliament.

"This proposed legislation will help make the workplace safer by providing a new sanction against those organisations who show scant regard for the health and safety of their employees," he said.

But he felt the bill should incorporate tougher punishment for offenders.

"The TUC recognises that the draft Bill covers a number of complex areas and we are pleased that the government has agreed that the legislation should apply to Crown bodies," Barber said.

"But we are disappointed that the draft Bill does not threaten individual directors with the ultimate sanction of a jail sentence."