An IER response to Richard Baker MSP’s Consultation Paper on Culpable Homicide (Scotland) Bill

Recommendations on a new Bill to litigate against employers that cause death through gross negligence.

The Institute wholeheartedly supports Richard Baker’s proposed Bill on the basis that it represents a legal challenge to the relative impunity employers currently enjoy even when it can be shown that gross negligence leads to death.

The comments that we set out below raise some broader issues that we would like to raise as part of the consultation process. However we also wish to stress that, in relation to the legal reforms proposed, we agree that the Bill offers an opportunity to redress the failure of Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2008 to improve accountability for the criminal killing of workers and members of the public.