[Audio] Will Corporate Manslaughter legislation work?
The Centre for Corporate Accountability (CCA) has done extensive research into the subject of corporate criminal accountability. It is this research that has led it to believe that the draft Corporate Manslaughter Bill has many failings. In his last week as UK Director, David Bergman explains the CCA’s concerns and the importance of getting the legislation right.
In March the Government moved a step closer to making it easier to prosecute companies when its response to a Home Affairs and Work and Pensions Committee report, containing recommendations of what should be changed in the draft Corporate Manslaughter Bill, was released.
Corporate Manslaughter legislation has been a long time in coming. The formulation of legislation has been a long, drawn-out process, with various promises from the Government on timescales and deadlines not being upheld. The draft legislation was finally published in March 2005, but some of the proposals it contains were met with concern that they would ultimately prove unworkable.
The latest issue of Workplace Law Magazine contains further information on the draft Corporate Manslaughter Bill and the concerns that surround it.
In his interview with Workplace Law, David Bergman answers questions such as:
- Why is there a need for Corporate Manslaughter legislation?
- To date how well has the Government handled this legislation?
- Would Corporate Manslaughter legislation really encourage businesses to improve health and safety?
- Will fines for offences but just as effective as prison sentences?
- Will the Bill create a "perverse incentive" for senior directors to delegate decisions on health and safety to more junior staff in order to avoid the danger of prosecution?
- What do you consider to be the major failings of the draft Bill?
- What do you think the English law should take from the recommendations that have been made in Scotland?
- When do you think Corporate Manslaughter legislation will actually come into force?
Workplace Law members can download the interview with David Bergman as an audio file.