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Last Updated: Sunday, 23 October 2005, 15:52 GMT 16:52 UK
Tough corporate killing law looms
Transco's penalty could be topped under the new plans
Plans being drawn up for ministers could give Scotland the toughest corporate killing laws in the UK, BBC Scotland has learned.

The expert group on corporate homicide is proposing a new regime which would make it easier to punish firms for deaths caused by management failure.

It recommended making corporate killing a specific offence in Scots law.

Justice Minister Cathy Jamieson vowed in 2004 that she would consult on legal changes in Scotland.

'Adequate deterrent'

To make charges stick, prosecutors would have to show a company had behaved recklessly, rather than with evil intentions.

Businesses may be liable for the offences of their employees and it would be possible to aggregate the misdeeds of different workers into a corporate charge.

Experts have also suggested creating a similar offence for individual directors and managers and they want Scots firms tried at home for deaths caused overseas.

Dr Dave Whyte, a lecturer in criminology from Stirling University, was on the expert group.

I've been promised that the final report of the group will be with me very shortly
Cathy Jamieson
Justice Minister

He said: "We have to make sure there is an offence which applies to individuals so this law will be an adequate deterrent.

"We have to make sure that both companies and individuals can be held to account for serious criminal offences."

Some lawyers consider existing health and safety at work legislation to be tough enough.

Critics have warned against a kneejerk reaction to tragedies such as the Larkhall gas explosion, which killed four members of the Findlay family six years ago.

An oil workers' union and the Scottish Trades Union Congress in March criticised the decision to set up the expert group.

The OILC called the move an "unnecessary delay".

Scottish Justice Minister Cathy Jamieson said she had received an interim report from the expert group.

Larkhall blast

She said: "I've been promised that the final report of the group will be with me very shortly.

"Now obviously we need to look at that in some detail to see what the scope and scale of any legislative changes would be.

"Once I have the report I will be looking to see how best to take things forward."

Gas giant Transco was fined a record �15m for breaches of health and safety laws in connection with the Larkhall blast.

Observers have said that if the executive accepted the recommendations of its experts, the penalty for future failures could be tougher still.




SEE ALSO:

29 Mar 05 |  Scotland

23 Mar 05 |  UK Politics

23 Nov 04 |  Scotland

14 Oct 04 |  Scotland


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