It is exactly 10 years since the law of Corporate Homicide was introduced into law and in that time, despite there being over 15O deaths in incidents investigated by the HSE in Scotland not one has been recommended by the COPFS for prosecution. These figures do not include deaths investigated by other regulators or incidents not subject to investigation by the HSE such as work-related suicides and fatalities in the majority of road traffic accidents occurring while working.
Our view is that this is a clear indication the law is not fit for purpose, a view held by Scottish Hazards, many trade unions, their lawyers and Families Against Corporate Killers at the outset and sadly we have been proved right.
The law as introduced is far removed from the proposals put forward by the panel of experts set up by the previous Labour administration, proposals that would have ensured corporations and individual managers at all levels could have been prosecuted for their failures.
Sadly, the decision to impose the ineffective legislation on Scotland by the United Kingdom Government was an opportunity missed to deliver justice for the many families losing loved ones in incidents at work.
Scottish Hazards has written to the Cabinet Secretary for Justice, Michael Matheson, calling for change to the law of culpable homicide, either by convening an expert panel to carry out the review or support the proposals by former MSP Richard Baker for new offences of culpable homicide in 2015.
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