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Senior Managers - Be Afraid. New Criminal Manslaughter Bill 2016 could affect you

  • 23-01-2017 6:06pm
    #1
    Masala
    Registered Users, Registered Users 2 Posts: 3,527 ✭✭✭


    This new Bill is slipping into Law without much ado.... but could move blame for an action or lack action that as a result of gross negligence that causes death / serious injury from the Company / Corporation onto the Management involves.

    Just highlighting same as it is something new to Ireland.....so if you as a Manager fail to implements proper safety procedures etc (or knowingly know that they are not being implements) and there is death caused down the line at some stage... you as Senior Management could face

    1. prosecution for an offence of corporate manslaughter
    2. a fine
    3. up to 12 yrs in jail
    4. exclusion from future management posts.

    https://www.oireachtas.ie/documents/bills28/bills/2016/3316/b3316a.pdf

    https://www.kildarestreet.com/sendebates/?id=2016-10-26a.385

    Interesting to see how this pans out going forward....


Comments

  • #2
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    I wonder if it is significantly different to the existing law on gross negligence manslaughter.

    Private members bills tend to be legally unnecessary but sound good. They tend to be dispell common myths such as that if a burglar injures themself while in your house you are liable for any injuries caused to them.

    The law reform commissions recommendations seemed to be that we should call the offence corporate manslaughter rather than a breach of health and safety laws.

    I dont think we should penalise any company employee/manager unless:

    1. They were actually grossly negligent;
    2. Their own gross negligence causes the death; and
    3. They knew or were reckless as to the fact that their negligence could cause the death.

    I think thats more than what the current law requires because as it stands they do not need to advert to the risk. The law reform commission recommended that this element be included, and it is included in the new offence.

    The problem is that it doesnt abolish or amend the previous offence of gross negligence manslaughter.

    Tldr, this new law doesnt make things any worse for negligent managers.


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    OP Thanks for the link. The Bill has actually been coming for a long time and the main thrust from what I remember is actually making the prosecutions easier (read possible) rather than introducing the concept which exists at common law. Whether it has or not, hopefully that will be one subject of discussion.


  • #5
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    When is this bill going to be introduced? What's the approximate timeframe?


  • #6
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    So no change to the law really, the common law position is still there, just codified by the looks of it.

    The big change seems to be finding the body corporate (the undertaking as termed in the bill) guilty. If I recall this was not possible before? There is the provision for the adverse publicity orders (naming and shaming), fines and community orders - which was something that's been suggested for a while but now seems to have found itself at bill stange at least.

    Any thoughts/corrections welcome.


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  • #7
    Manach
    Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    From what I reminder, in most such cases there seemed to a fairly high burden to overcome for custodial time to be in play. A quick google search has this informative newspaper article: http://www.telegraph.co.uk/finance/yourbusiness/8330905/History-of-corporate-manslaughter-five-key-cases.html


  • #8
    jenny smith
    Closed Accounts Posts: 716 ✭✭✭jenny smith


    Masala wrote: »
    This new Bill is slipping into Law without much ado.... but could move blame for an action or lack action that as a result of gross negligence that causes death / serious injury from the Company / Corporation onto the Management involves.

    Just highlighting same as it is something new to Ireland.....so if you as a Manager fail to implements proper safety procedures etc (or knowingly know that they are not being implements) and there is death caused down the line at some stage... you as Senior Management could face

    1. prosecution for an offence of corporate manslaughter
    2. a fine
    3. up to 12 yrs in jail
    4. exclusion from future management posts.

    https://www.oireachtas.ie/documents/bills28/bills/2016/3316/b3316a.pdf

    https://www.kildarestreet.com/sendebates/?id=2016-10-26a.385

    Interesting to see how this pans out going forward....
    Is that what is called vicarious liability ?


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