New regulations which would make companies and senior managers criminally liable for the death of employees in the workplace are being prepared, it was announced today.
Minister for Justice and Law Reform Dermot Ahern said he has received Government approval for the Bill which could lead to the introduction of two new criminal offences.
A further offence of “grossly negligent management causing death” would provide for criminal liability to be attributed to an individual serving in a senior managerial role within the corporate entity and could result in a prison sentence.
The Criminal Justice (Corporate Manslaughter) Bill comes after a recommendation made by the Law Reform Commission in its 2005 report on corporate killing.
"The Law Reform Commission has highlighted that there is a need for a law establishing
corporate criminal liability for manslaughter. I am conscious that gaps on the Statute Book may leave a bereaved family with no option but to pursue an action in the civil courts," said Mr Ahern in a statement.
"Our laws must be robust in this area. While the criminal law route should only be used where death has occurred as a result of flagrant abuse of the safety standards expected of companies and their managers, it is desirable that the criminal law would reflect the strength of societal disapproval for such events," he added.
The Law Reform Commission report said existing liability mechanisms in tort and health and safety legislation were insufficient to articulate the abhorrence of society regarding manslaughter.
The commission recommended that in the case of a conviction for corporate manslaughter, the sentencing court should have the power to impose an unlimited fine.
The commission also recommended other sentencing options, notably remedial orders, community service orders and adverse publicity orders, as it is not possible to impose a custodial sentence on a corporate entity.
For the derivative offence of grossly negligent management causing death, the commission recommended that a high managerial agent of the corporate entity could, on conviction, face a prison sentence of 12 years and the option of an unlimited fine.
The commission also recommended it should be open to the court to disqualify a convicted managerial agent from acting in a managerial capacity in an undertaking for such period as the court sees fit.