Punish Corporate Killing

The theme for the International Transport Day of Action on 27 March 2006 is Corporate Manslaughter – specifically why the government has produced nothing eight years after promising (in the 1997 manifesto) that a law would be introduced.

BACKGROUND FACTS

What is corporate manslaughter?

Corporate manslaughter is a crime that can be committed by a company in relation to a work-related death.

The offence is intrinsically linked to whether a director or senior manager - a "controlling mind and will" of the company - is guilty of manslaughter.  If the director or manager is found guilty, the company is guilty; if the director or manager is found innocent, the company is innocent.             

Is it difficult to prosecute?

Proving corporate manslaughter has been notoriously difficult in the past.

This is because the law requires that a director or senior manager is prosecuted before the company - a separate legal entity - can be prosecuted.

But it is difficult to prosecute directors or senior managers of large companies - even though there may be some very serious failures on the part of the company or individuals - for a number of reasons including:

• Large companies will often delegate safety decisions to managers low down the hierarchy or to outside companies
• The law does not impose any positive duty upon company directors to take action to ensure that their company complies with health and safety law.

Have any large companies been prosecuted?

Four large companies have been prosecuted for manslaughter, three in the rail sector - and all the cases failed.

• Great Western Trains was cleared of the manslaughter of seven people who died in the Southall Train Crash in 1997.

The Crown Prosecution Service tried to prosecute the company without prosecuting any individual director or manager.

The court ruled the case could not go ahead on this basis.

The company subsequently pleaded guilty to health and safety offences and was fined £1.5m.

• In Network Rail and Balfour Beatty's case, the companies were cleared before the case came before the jury.

The judge decided there was insufficient evidence to proceed.

• P&O European Ferries and two directors were acquitted of the manslaughter of 192 people who died when the Herald of Free Enterprise sank off the coast of Zeebrugge in May 1987 after it had left port with its bow doors open

The trial collapsed in its early stages when the judge ruled there was insufficient evidence against any director or senior manager.

When did the government say it would introduce new laws on corporate manslaughter?

In 1997. Eight years ago.