Corporate Manslaughter Bill Concern
28 Apr 2005
Adrian Lyons, director general of the Railway Forum, has voiced industry concerns over the draft Corporate Manslaughter Bill.
This could be introduced into the next parliament, assuming there is no change of government. Rail staff could find themselves facing prosecution after fatalities on the line. According to the Railway Forum the bill ‘is a worrying development that could increase complexity in an already complicated area of law and could potentially - and damagingly - increase risk aversion on Britain’s railways.’
The offence of corporate manslaughter already exists under current law as a criminal offence, capable of being committed by an organisation. “In view of this it is difficult to understand what the purpose of this proposal is. It runs the risk of causing confusion and encouraging risk averse cultures in all industries.”
“The railway industry has made great strides in both improving safety and eliminating risk aversion over recent years and in this context the Government’s proposals are of significant concern. If the Government does proceed with its intention to put this Bill before Parliament, we welcome the fact that it is stated that the offence will also apply to Crown bodies.”
“However, we are particularly concerned at the possibility that the application of the Bill to the Crown may be restricted. If this was the case, it could render the inclusion of Crown bodies in the legislation as redundant.” Rail chiefs fear new legislation would add to the cost of the railway’s already burgeoning safety compliance bill.
“Whether compared to other countries or to other modes of transport, the railways in Britain are extremely safe,” said Adrian. “Just at a time when senior management is working hard to encourage a move away from the risk aversion that so damaged the industry in the past, the prospect of new legislation in this complex area is most unwelcome.”
Further details on the Draft Corporate Manslaughter Bill can be found at: http://www.homeoffice.gov.uk/ n_story.asp?item_id=1278.