Hansard

I thank members for their contributions to the debate. I recognise that the process of scrutinising the bill has been curtailed, and I appreciate the consideration that members have shown on that. I am struck that members seem to recognise and to agree that the current situation is not acceptable. However, I ask them what they are prepared to do to fix it if they do not wish to support the bill.

I thank Patrick McGuire of Thompsons solicitors for his commitment to the bill and his extensive work on its drafting. My thanks also go to Ian Tasker of Scottish Hazards and Louise Taggart of Families against Corporate Killers for their support and the provision of invaluable briefings. I also thank the STUC for its strong support and its generosity in hosting meetings and events. The contribution and commitment of the trade union movement, which has campaigned for change in this area, are very much welcomed. The GMB, Unite the union, Unison, the FBU and ASLEF all know the impact that the existing situation has on their members and their families. I sincerely thank all the families who have shared their experience with me. They include those who have had bereavements during the passage of the bill and who have contacted me in a distraught state because they have no confidence in the current justice system and fear that the lives of their loved ones and the loss that they have experienced have been undervalued.

To members who might be concerned about the bill’s potential impact on business, I say that it does not require businesses to do anything other than what they are legally required to do now. Businesses and employers that take seriously the duty of care that they have for their workforces and that take all necessary measures to prevent injuries and fatalities have nothing to be concerned about.

The cabinet secretary described the bill as “bad” legislation. I have to say that that was not the SNP’s view when it was in Opposition. I will not repeat the First Minister’s comments from then, but I ask what has changed. The cabinet secretary has also raised concerns about the drafting of the bill’s sections on aggregation and on art and part liability. In addition, points have been raised about the bill’s interaction with the Corporate Manslaughter and Corporate Homicide Act 2007. I recognise that those areas need further consideration, and I propose to lodge or accept amendments to address them. I have met representatives of the GMC. I would also consider the option of including exemptions.

The curtailment of stage 1 of the bill’s progress has limited the opportunities for dialogue and scrutiny. I believe that, as Rhoda Grant argued, those could be addressed by amendments at stage 2, on which I intend to work constructively with others. I ask members to consider how we might complete members’ bills in this session. Members have introduced bills in good faith and in good time, and it is highly regrettable that legislation is now being thwarted by time constraints.

Unison Scotland is urging members to support the bill at stage 1. It says:

“For too long, large businesses have destroyed families with little recompense. It is time for the law to be readdressed.”

There is a moral imperative to the bill. I draw members’ attention to a case that is similar to those that the cabinet secretary mentioned. Scottish Hazards has highlighted the view of Sheriff Collins, which she set out in her sentencing of Craig Services and Access Ltd in 2012:

“The sentences I am about to impose cannot and do not attempt to reflect the enormity of Mr Currie’s death, nor the suffering of his loved ones.”

The inadequacy and insufficiency of the law were first exposed by the Transco case, to which the 2007 act was a response. However, there is no evidence that the current UK legislation can effectively deal with the prosecution of a company such as Transco or even that of a smaller company such as Craig Services and Access Ltd. Today, the FBU has said that it believes

“the Act protects companies from prosecution and fails workers and their families.”

I welcome the cabinet secretary’s offer to continue discussions in the next session of Parliament, if we are returned, and Liam McArthur has suggested a committee approach. However, sympathy is not enough; we need a solution-focused approach and not to be prepared to remain at a standstill, with no change.

Liam Kerr is not accurate in saying that I have not presented an argument that the bill is competent. I have done so, and my argument was shared with the Presiding Officer and the committee. Mr Kerr and others might not agree with it, but it is unfair to say that I have not made out a case. The bill is wholly concerned with Scots criminal law, and section 29(4) of the Scotland Act 1998 gives the Scottish Parliament the power to make modifications to that.

I do not agree with criticisms of the bill’s purpose and effect. It proposes no changes to existing health and safety legislation. The pith and substance of the bill is on culpable homicide. It is not concerned with reserved health and safety legislation, so I do not accept that as an argument for denying legislative competence. A number of members referred to the Law Commission’s review, but, to be clear, that is not considering culpable homicide cases concerning workplace deaths.

My final word on legislative competence is to call on the Scottish Government to think again, to give the bill the same consideration as it has given other bills that it has introduced, to not accept the current state of affairs and to agree to work with me to deliver a workable bill and a good piece of legislation that will provide families with a route to justice and help to reduce how often they may need to access it.

Presiding Officer, I appeal to members to support the general principles of the Culpable Homicide (Scotland) Bill and I give my commitment to work with members across the chamber to deliver justice for families throughout Scotland.