The Watchtower Society and Corporate Manslaughter

by nicolaou 2 Replies latest social current

  • nicolaou
    nicolaou

    As the news item posted below reports, the UK government is considering the introduction of a new offence of corporate manslaughter.

    I wonder how this will affect the minds of the Watchtower legal dept' as they try to cover their masters 'corporate' asses once again.

    While still holding out against any meaningful reform of their fatal 'no blood transfusion' policy they will now have to justify themselves as the originators, promoters and enforcers of said policy while simutaneously attempting to absolve themselves of any responsibility of the consequences thereof.

    As the report puts it: [quote]Campaigners in favour of the change say the existing manslaughter laws make it difficult to prosecute large companies because of the difficulty in identifying a senior manager as the "controlling mind" responsible for the death.[/quote]

    We should work on this.

    Nic'

    UK set for corporate manslaughter law 8.40AM BST, 20 May 2003

    Home Secretary David Blunkett is set to unveil plans to introduce a new offence of corporate manslaughter.

    The proposed legislation would make companies accountable for deaths caused through gross management negligence.

    Details of the Government's proposals are due to emerge during a ministerial response to an amendment tabled to the Criminal Justice Bill, which is currently in its report stage in the Commons.

    The Bill is being tabled by Labour backbencher Andrew Dismore.

    According to research by the Royal Society for the Prevention of Accidents, around 350 people are killed in work-related accidents each year.

    Victims of major accidents such as rail crashes have pressed the Government to fulfil its 1997 commitment to introduce a corporate manslaughter offence.

    Campaigners in favour of the change say the existing manslaughter laws make it difficult to prosecute large companies because of the difficulty in identifying a senior manager as the "controlling mind" responsible for the death.

    Under the proposals, directors of corporations can be found guilty of corporate killing if a management failure is identified as a cause of death and if that failure constitutes conduct that falls below a required standard.

    Ahead of Mr Blunkett's announcement Mr Dismore, MP for Hendon, said: "It is a long overdue change in the law."

    "All the recent disasters point to the need for a new law to ensure company directors take their safety responsibilities as seriously as their desire to make profit."

    The need for a corporate manslaughter Bill has been highlighted by Novelist Nina Bawden, whose husband was killed in the Potters Bar rail crash.

    She said Jarvis - the subcontractor responsible for track maintenance in the area - appeared to have blamed the accident on "little green men from Mars".

    Anne Jones, who has campaigned for the change since her son Simon was killed on his first day at work in Shoreham Docks in 1998, is sceptical about the Bill.

    "When I hear that the Government say they intend to enact the Bill they said that five years ago," she said.

    "We are tired of hearing, both in face to face meetings and in letters from various government departments, various ministers - 'we will enact the law of corporate killing when Parliamentary time allows'.

    "That is the biggest cop-out on earth because Parliamentary time never allows it."

    "But they can always find Parliamentary time for their pet projects."

    http://www.itv.com/news/913567.html

  • Hamas
    Hamas

    Yes, exellent point.

    I heard this story yesterday on Newsnight, but didn't think too much about it. It's a very valid point, you are right, we should work on this.

    Any legal guys in here?

  • nicolaou
    nicolaou

    Corporate Manslaughter Bill AIM: This Bill will create the new offence of corporate manslaughter in England and Wales and the offence of corporate homicide in Scotland.

    MAIN PROVISIONS:

  • Under the bill, an organisation will be guilty of corporate manslaughter "if the way in which any of its activities are managed or organised by its senior managers causes a person's death and amounts to a gross breach of relevant duty of care owed by the organisation to the deceased."
  • Organisations are defined as "a corporation, a department or other body, a police force."
  • The conviction on indictment of this offence is a fine and the offence is indictable only in the High Court.
  • Activities carried out by the police and law enforcement agencies are exempt but only in regards to operations dealing with terrorism, civil unrest or serious public disorder.
  • Certain activities performed by the armed forces are also exempt from the act.
  • The offences will only apply to organisations and there will be no personal liability.

    BACKGROUND:

    This bill was introduced in the last session and a motion was passed for it to be carried over into this session. The Bill has been controversial for rejecting the radical proposals of individual liability called for by the trade unions in favour of a more moderate approach.

    The Government has decided that companies as a whole are responsible for deaths and would face unlimited fines, individual managers and directors will not face jail. Currently the law means that organisations can only be prosecuted if an individual at the top of the company is also found personally liable.

    The Government argues the changes are required to better reflect the management structures of large organisations.

    The Labour party lost a Trade Union-sponsored motion on corporate killing at this year's party conference. TGWU leader Tony Woodley said the new rules were inadequate and company bosses were "getting away with murder".

  • Story from BBC NEWS:
    http://news.bbc.co.uk/go/pr/fr/-/1/hi/programmes/bbc_parliament/6154006.stm

    Published: 2006/11/16 12:16:19 GMT

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