Hansard

I am very proud to be introducing this debate on the Culpable Homicide (Scotland) Bill today.

Families across Scotland who have suffered the death of a loved one at work have fought hard for justice. I want their voices to be heard and us to commit to use the powers of the Scottish Parliament to fully recognise when crimes have been committed. If culpable homicide can be identified as the cause of death, it should not matter whether that is by the actions of an individual or a small or large company. The treatment under the law should be equal, and that is what the bill proposes.

Natalie Woods McKeown is a supporter of the bill who came to Parliament to speak to MSPs. I thank all MSPs who supported the bill. Here is Natalie’s experience:

“On April 16th 2002, our dad John Woods went to work and never came home.

His employers were never charged with any offence and we were never given an explanation why this was.

Nearly 19 years later, we miss our dad every day, we must live with the injustice of losing a loving dad with very little understanding of what happened and why no one was held to account.

Our family deserves justice.”

We should be listening to voices such as Natalie’s.

I thank the Justice Committee for its stage 1 report. Although I appreciate the difficult circumstances that we are all working under, it is frustrating that the bill was not afforded suitable time in the committee to hear from families and trade unions that have long campaigned for the legislation.

While we have failed to tackle this long-standing injustice, the most recent annual figure shows that, on average, 19 people are killed each year in work-related incidents in Scotland. That is the highest rate in the UK, according to the Health and Safety Executive. The most recent figure recorded is 29 deaths in 2018-19, and that excludes marine, air, rail and road investigations.

The bill will not amend any health and safety legislation, but it can be a lever to ensure that employers take their responsibilities seriously. At present, common law determines how culpable homicide applies to individuals. It can be possible to convict the owner of a small business when an employee has lost their life due to the business’s neglect. However, we need to be honest and recognise that there is no expectation that a large business can be successfully pursued through the criminal courts. The current legislation is inadequate and the law is applied inequitably.

I am very disappointed by the Scottish Government’s response and the lack of support for the bill not least because, when in opposition, many Scottish National Party MSPs, including the Deputy First Minister, supported Karen Gillon’s very similar bill. In 2006, Nicola Sturgeon wrote to Families against Corporate Killers to say:

“The SNP is supportive of this legislation and, in particular, legislation specific to Scotland. It is regrettable that the Scottish Executive has not shown leadership in this issue”.

I know how she feels. To support the principles of the bill in opposition and then not take action in government when the SNP has power leaves the SNP open to accusations of being supine. There is still time this afternoon to change that.

It is perhaps not surprising that the Scottish Government’s response to the committee’s stage 1 report defends the Corporate Manslaughter and Corporate Homicide Act 2007. The Government has previously claimed that that is an effective deterrent that sends a robust message. Along with affected families and the trade union movement, I strongly disagree with that, and believe that the fact that there has not been one prosecution in Scotland under that act in the 13 years since it was passed while deaths at work have increased shows the inadequacy and ineffectiveness of the legislation. Is the cabinet secretary really confident that the 2007 act could be used to respond to other tragedies, such as the Transco gas explosion? There is no evidence to support the argument that the 2007 act bypasses the Transco loophole. The 2007 act and the senior management test are not working, and we can use the Scottish Parliament’s powers to change that.

I acknowledge that the Presiding Officer has given a negative legislative competence certificate. I urge the Scottish Government to recognise that there is a strong counter view to that: that the bill is clearly concerned with Scottish criminal law, which we have responsibility for, and that section 29(4) of the Scotland Act 1998 sets out the provisions for legislating in the area. The bill does not legislate on health and safety, and we have a responsibility to take action.

The Scottish Government has previously challenged the Scottish Parliament’s legislative competence on the minimum price for alcohol and defended that to the last, and it has more recently proceeded with the UK Withdrawal from the European Union (Continuity) (Scotland) Bill, which also had a negative legislative competence certificate. The strong words from Pat Rafferty of Unite Scotland express the anger and disappointment of the trade union movement. He said:

“To suggest that the Bill is not competent is not only misleading but factually incorrect. We believe that the issue comes down to political will. … in light of the Scottish Government's pathetic lack of will to use the powers already at its disposal, including criminal justice law, it is up to the Scottish Parliament to take a progressive stance.”

The Scottish Government has argued that I should wait for the Scottish Law Commission’s review of homicide. That review is not due to conclude until 2023. The Government’s response also makes it clear that it is not considering the areas that are covered by my bill. My decision to introduce legislation has been described by the Government as a failure to give consideration to that option. What is a failure is the fact that a family lost their lives in the Transco gas explosion and there was no conviction of culpable homicide. It is a failure that Scotland’s rate of workplace fatalities is not reducing but is on the increase, and it will be a failure of political leadership if the bill falls today.

This is a short debate and, in the time that I have, I have sought to set out the reasoning for the bill and to respond to the Scottish Government’s points. I appeal to members across the Parliament, many of whom have supported the bill to this stage, to ask themselves how long families have to wait for justice and to support the bill through to the next stage.

I move,

That the Parliament agrees to the general principles of the Culpable Homicide (Scotland) Bill.