HOLYROOD NEEDS POWERS TO PENALISE CORPORATE CRIMINALITY

HOLYROOD NEEDS POWERS TO PENALISE CORPORATE CRIMINALITY

West of Scotland SNP MSP Dr Bill Wilson has announced that his Sentencing (Equity Fines) (Scotland) Bill – which would allow Scottish courts to impose a new penalty on Scottish companies found guilty of criminal offences - has been ruled “reserved” by the Scottish Parliament’s Presiding Officer although it has still been lodged for consideration by the Parliament.

Commenting Dr Wilson said:

“Whilst I am disappointed that the Presiding Officer has decided that my Bill touches on areas reserved to Westminster I do think it underlines how the Scottish Parliament needs the responsibility to penalise companies for corporate criminality.

“His decision suggests that we have no power to change penalties for health and safety abuses or corporate criminality even when they lead to serious injury or death and underlines that need since the oversight of Scots Law is devolved.

“South of the border there is a Sentencing Advisory Panel review which reports to the Sentencing Guidelines Council. The Council’s remit is to make recommendations to courts in England and Wales only.

"The Sentencing Commission under the Criminal Justice Bill will look at penalties on a range of issues - but will not be able to consider health and safety.

“Scotland should be able to review penalties and control health and safety legislation within its own legal system.

“At the launch of the consultation for my Bill, Louise Adamson of Families Against Corporate Killer said, ‘An annual work-related death toll in excess of 1,600 is tragic testimony to the fact that the current system of fining companies for health and safety offences has not served as strict enough punishment or strong enough deterrent.’

“Ideally I believe we should be an independent nation but, failing that, Scotland should at least be able to review penalties for corporate criminality but also to have responsibility for health and safety legislation.

“In the meantime I am hopeful that my effort to get equity fines on the statute books will be noticed and taken up elsewhere.

“BP’s share price has now been dented because of the ongoing spill in the Gulf of Mexico, and I am hopeful that this will focus minds and lessons will be learnt, but the share price might not have been greatly affected if the leak had been stopped soon after the lethal accident.

“Companies are sensitive to their shareholders, and if they knew that their share prices could be immediately hit if they were found guilty of criminal negligence then they would be likely to spend a bit more on preventing such horrific accidents.”