Bill aims to close justice gap

The Scottish Hazards campaign group is calling on unions to get behind Labour MSP Claire Baker’s Culpable Homicide (Scotland) Bill launched at the Scottish Hazards Conference last month. 


Each year in Scotland an average of 17 people are killed in workplace incidents, but over the last decade there has not been a single prosecution there under the Corporate Manslaughter and Corporate Homicide Act 2008.


Ian Tasker of Scottish Hazards said: “Current legislation is failing bereaved families; involuntary deaths should be investigated in the same way and under the same law regardless of where they happen, in our communities or in the work environment.” 


Baker sets out in a consultation paper that reform of the law of culpable homicide is overdue and has “failed to have one clear set of rules that apply to all wrongdoers, individuals and organisations”. As a result, if a medium-sized or larger company causes a death it’s extremely difficult, if not virtually impossible, for the COPFS public prosecution service in Scotland to secure a conviction of corporate culpable homicide. 


She says this is the case even where there was recklessness or gross negligence on the part of individuals operating in fairly senior positions within the company. 


Hers is the third member’s Bill “seeking to address an injustice that has not gone away”.

www.parliament.scot/S5MembersBills/CULPABLE_HOMICIDE_draft_4.pdf

https://scottishlabour.org.uk/blog/labour-launches-culpable-homicide-bill-to-protect-workers

https://www.scottishlegal.com/article/proposed-culpable-homicide-laws-to-hold-employers-to-account-well-overdue