In advance of the introduction of the Corporate Homicide legislation on Sunday (6 April), the Scottish Trades Union Congress (STUC) has expressed concern on how effective this legislation is likely to be.
STUC General Secretary Grahame Smith, said
“Trade unions have fought and campaigned for over a decade for laws to be brought in that deliver justice for families who needlessly lose loved ones as a result of negligent decisions and poor working practices taken and implemented by company directors and senior management”.
“While this legislation is being peddled as the machinery to deliver that justice for bereaved families, it is clear that the Governments in both Westminster and in Holyrood have let down the families of workers killed by their employers”.
“This legislation will not allow for prosecution of individuals, but only of the company. Even then, only if the failures of a senior manager can be identified”. For the STUC, and the victim’s families, this is a fudge of the “controlling mind” test that has made the prosecution of companies so difficult in the past”.
“The Scottish Government has stated that they want to see how this settles in before considering legislation to amend the current common law of culpable homicide. The trade union members of Scotland and their families must ask Cabinet Secretary for Justice, Kenny MacAskill, a question today.
“Is waiting for a negligent employer to cause a workplace fatality the Scottish Government’s vision of delivering justice to victim’s families?”
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For further information please contact Ian Tasker 0141 337 8100