Last year we reported that the Government had approved the preparation of legislation providing for the offence of corporate manslaughter (click here to view article). A Fianna Fáil Senator has now published, as a Private Member’s Bill, the Corporate Manslaughter Bill.

As currently drafted, it proposes the introduction of two serious criminal offences:

• Corporate manslaughter: A company may be found guilty of this offence where it causes death by gross negligence. The company must have breached a duty of care it owed to the deceased, for example, an employer owes a duty of care to his employees.

• Grossly negligent management causing death: ‘High managerial agents’, (directors/managers/others holding similar posts) may be found guilty of the offence where (i) the relevant company has been convicted of corporate manslaughter; and (ii) it is shown that the person knew or ought to have known of the risk which caused the fatality and failed to take appropriate action.

To view a more detailed article on this, please click here.

Contributed by Richard Breen.

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