On 16 December 2011, the Corporate Manslaughter Bill 2011 was introduced in the Seanad by way of a Private Member’s Bill.  A previous attempt to introduce legislation to establish corporate criminal liability for manslaughter, most notably the Corporate Manslaughter Bill 2007, lapsed upon the dissolution of the last Government.

The almost identical Bills were drafted in line with the recommendations contained within the Law Reform Commission’s Report on Corporate Killing 2005. 

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.

Companies and their senior officers may be prosecuted for certain regulatory offences under existing health and safety legislation. However, this legislation only applies to work related deaths and does not, for example, cover instances where a company causes a death through the sale of dangerous products. The Corporate Manslaughter Bill is much wider in scope and the offences are regarded as serious criminal offences, as opposed to regulatory offences.

• The gravity of the offences is reflected in the punishment prescribed:
  Corporate manslaughter: an unlimited fine 
• Grossly negligent management causing death: an unlimited fine and/or up to 12 years imprisonment

The Bill also provides for the imposition of remedial orders, community service orders, adverse publicity orders and disqualification orders.

Given the fact that the Bill has been introduced by way of a Private Member’s Bill, and by an Opposition Senator, it remains unclear as to whether or not it will be enacted into law during the course of 2012. We will monitor the progress of the Bill and will bring details of any further developments as they become available.  

Contributed by Richard Breen.