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Legionella Control Journal
e-Newsletter – August 2006
On 31st July 2006, Gillian Beckingham, the Senior Architect at Barrow-in-Furness Council was acquitted of manslaughter in relation to the deaths of seven people from Legionnaires’ disease. However, while the court was deliberating on whether Ms Beckingham was criminally responsible for those deaths, the Government laid legislation before Parliament to make it easier to prosecute corporations for work related deaths.
The Corporate Manslaughter and Corporate Homicide Bill (the ‘Bill’) laid before Parliament on 19 July 2006 is the culmination of years of debate on the reform to the corporate killing laws. The Bill proposes to legislate to reform the law in England & Wales and Scotland and the new law could be in force as early as April 2007. The Bill is symptomatic of a change in attitude in favour of making companies and other organisations criminally accountable for manslaughter following work related deaths. The effects on a company and its employees of being investigated for such a serious offence can be enormous. Investigations are hugely disruptive. Prosecutions are long, costly and distressing.
The prosecution of Barrow-in-Furness Council and Gillian Beckingham is demonstrative of the difficulty the prosecution currently faces with securing manslaughter convictions. Although the prosecution secured convictions against the Council and Ms Beckingham for contravening health and safety legislation, they failed to secure convictions for manslaughter. The prosecution of the Council for corporate manslaughter, failed due to the ‘identification principle’. The Judge questioned whether anyone, let alone Ms Beckingham, could be said to be in control of the Council given the interplay between the electorate, elected councillors across the council chamber and paid officials like Ms Beckingham. The Government proposed some time ago that this Achilles' heel of the current law needed to be addressed to make it easier for corporations to be convicted.
The Proposed New Test
An organisation will be guilty of corporate manslaughter if a gross management or organisational failing causes a person's death. The new offence will apply to management failings by an organisation's managers - either individually or collectively. The focus has therefore moved from the culpable individual to the aggregation of senior managerial responsibility.
Going Forward
The Bill will inevitably lead to greater consideration of corporate manslaughter charges following work related deaths. Companies will need to be more cautious when dealing with the authorities following Legionnaires’ disease related fatalities and should not be surprised when corporate manslaughter charges are made as contracting this disease is avoidable in the built-environment. However, it should always be remembered the main impact of the Bill is to reinforce the importance of compliance with existing heath and safety laws and guidance.
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Barrow Outbreak - Trial Reports
Boss knew of risk from legionella
http://www.nwemail.co.uk/news/viewarticle.aspx?id=384975
Trial hears of council’s health and safety failings
http://www.nwemail.co.uk/news/viewarticle.aspx?id=386807
Official 'had no safety training'
http://news.bbc.co.uk/2/hi/uk_news/england/cumbria/5169524.stm
Accused of trying to shift blame
http://www.nwemail.co.uk/news/viewarticle.aspx?id=389951
Legionnaires' trial: jury poised to consider verdict
http://www.24dash.com/content/news/viewNews.php?navID=2&newsID=8515
Judge sends jury out with swipe at town hall safety
http://www.nwemail.co.uk/news/viewarticle.aspx?id=394909
Bug outbreak official not guilty
http://news.bbc.co.uk/2/hi/uk_news/england/cumbria/5232042.stm
Jobs fund plundered to pay fine
http://www.nwemail.co.uk/news/viewarticle.aspx?id=397336
Legionnaires’ victims look for resignations
http://www.newsandstar.co.uk/news/viewarticle.aspx?id=396449
Councillors unwelcome at memorial
http://www.nwemail.co.uk/news/viewarticle.aspx?id=396631
Petition to oust council officials
http://www.nwemail.co.uk/news/viewarticle.aspx?id=396075
Outbreak ruined survivor's life
http://news.bbc.co.uk/2/hi/uk_news/england/cumbria/4446133.stm
Legion victims service
http://www.nwemail.co.uk/news/viewarticle.aspx?id=398371
Petition hits Barrow Shops
http://www.nwemail.co.uk/news/viewarticle.aspx?id=400183
Resignation call
http://news.bbc.co.uk/2/hi/uk_news/england/cumbria/4793465.stm
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