Proposed culpable homicide laws to hold employers to account ‘well overdue’

John Dillon

Louise Taggart, whose brother Michael Adamson was killed in 2005, says Claire Baker MSP’s member’s bill would “plug the justice deficit” and “serve as deterrent” for employers.

The Culpable Homicide Bill will, if passed, create new legal avenues for the families of victims killed by recklessness or gross negligence by their employer.

Ms Taggart, trustee of health and safety charity Scottish Hazards, said: “My wee brother, Michael Adamson, died in an entirely preventable electrocution at work. His employer company was referred to as ‘the invisible man’ sitting in the dock and it was that invisible man which was convicted of health and safety offences in relation to his death.

“This provided my family with very little in the way of justice. And our hearts continue to break all too regularly when we hear of the far too many loved ones in Scotland who have left home for work, never to return.

“This bill would not only plug the justice deficit faced by families such as mine, but would importantly serve as a deterrent to those who treat health and safety as a burden on business or a tiresome impediment to getting a job done.”

Ms Baker said: “I very much welcome Louise’s support for my bill to reform Scotland’s culpable homicide laws.

“It is simply unacceptable in the 21st century for people to go to their work and not come home to their families due to recklessness or gross negligence by their employer.”

John Dillon, an associate director at Watermans Solicitors, commented: “The proposed bill is well overdue and addresses a serious inequality in the law that rightly needs amending. The inequality in the protections afforded to employees at work, regarding their health and safety, has been further exasperated by way of the provisions of the Enterprise and Regulatory Reform Act 2013 which has systematically set about diluting the very regulations which keep our workers safe.

“In the past, we have been involved with cases where bereaved families have been left with no answers from the criminal justice system and while it is possible to seek damages or compensation, this does little to satisfy their need for justice for the loved one they have lost.

“Hopefully, this proposed bill will be passed and begin the slow process of redressing the imbalance in the law generally and, quite rightly, bring home to management the critical nature of protecting working people.”