This document contains a range of written evidence submitted to the joint inquiry by the Home Affairs Committee and the Work and Pensions Committee, in relation to the Governments proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation.
This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.
The Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) are the two agencies responsible for health and safety in Great Britain. They are to be merged and moved to a single headquarters in Bootle, Merseyside. The merger is a sensible proposal but the move could lead to a huge loss of experienced HSE staff who are unwilling to relocate. The original legislative framework governing workplace health and safety is proportionate but employers can be over-cautious in their interpretation of its provisions, increasing the compliance burden on themselves. Over-zealous health and safety "consultants" contribute to this problem and the report calls for a system of accreditation of consultants and advisers. HSE aims to meet a 60:40 ratio of proactive and reactive work, yet businesses are only likely to have an HSE inspection just once every 14.5 years and accident investigations are being scaled back. Current levels of fines for health and safety offences are too low and do not provide a sufficient deterrent to ensure duty holders comply with their obligations. The increase in the number of fatalities in the construction industry; the offshore oil industry's failure to meet its major hazard sub targets, and health and safety risks to migrant workers are key areas of concern for HSE. HSE is struggling to cope with its occupational health remit. It admits to basing its occupational health policy on an incomplete data source and is failing to meet its occupational ill health targets. HSE needs to concentrate on its core remit and measures to extend its responsibilities into other areas places an excessive strain on its resources and risks diverting its focus.
What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.
The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.
This practical guide to Irish employment law brings together the knowledge and expertise of Ireland's leading employment, tax and pensions law practitioners. In-depth and accessible, it gives a comprehensive and clear review of all aspects of employment and labour law. This is the second edition of Employment Law, which has been newly updated and revised to include the extensive changes to the law, including in relation to the workings of the Workplace Relations Commission, and new chapters on whistle blowing, health and safety, mediation, agency workers, restraint of trade and injunctions. These build on the book's established chapters on the wide ranging facets of employment law, such as the employment relationship, Immigration and cross-border issues, and trade unions and industrial relations. Ideal for legal practitioners, employers and human resource specialists: with a copy on your bookshelf, accurate, detailed information on the law on all aspects of employment and labour law will always be close to hand. Your firm and clients will benefit from the technical pointers, tips and know-how to ensure complete legal compliance. Whatever you need on employment and industrial relations law, you'll find it within the pages of Employment Law. Keeps your firm right up-to-date on the latest issues and developments.
This is a reprint of ISBN 978-0-901-35743-4 Widely acknowledged as the one stop summary of health and safety fundamentals, Principles covers law, safety technology, occupational health and hygiene and safety management techniques. Originally written by the late international health and safety expert Allan St John Holt, this new edition has been comprehensively updated by Allan's colleague Jim Allen. The book is designed as a concise, accessible introduction to health and safety basics and includes revision notes and a wide range of references. It is a first class resource for NEBOSH Certificate students.
In recent years, debates have arisen concerning the encroachment of the criminal process in regulating fatal medical error, the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007 and the recent release of the Director of Public Prosecution's assisted suicide policy. Consequently, questions have been raised regarding the extent to which such intervention helps, or if it in fact hinders, the sustained development of medical practice. In this collection, Danielle Griffiths and Andrew Sanders explore the operation of the criminal process in healthcare in the UK as well as in other jurisdictions, including the USA, Australia, New Zealand, France and the Netherlands. Using evidence from previous cases alongside empirical data, each essay engages the reader with the debate surrounding what the appropriate role of the criminal process in healthcare should be and aims to clarify and shape policy and legislation in this under-researched area.
