Two new criminal offences 'Corporate Manslaughter' and 'Grossly Negligent Management Causing Death' are set to be introduced under a Bill being prepared by the Department of Justice following approval by the Government.
The 'Grossly Negligent Management Causing Death' offence will provide for criminal liability to be attributed to an individual serving in a senior managerial role within a company and could result in a prison sentence for a person found guilty of the offence.
The 'Corporate Manslaughter' offence will provide for criminal liability for corporate fatalities to be attributed to the corporate entity and could result in monetary penalties being applied.
The proposals take into account the recommendation of the Law Reform Commission's Report on Corporate Killing.
Minister for Justice Dermot Ahern said: 'The Law Reform Commission has highlighted that there is a need for a law establishing corporate criminal liability for manslaughter.
'I am conscious that gaps on the Statute Book may leave a bereaved family with no option but to pursue an action in the civil courts.
'Our laws must be robust in this area. While the criminal law route should only be used where death has occurred as a result of flagrant abuse of the safety standards expected of companies and their managers, it is desirable that the criminal law would reflect the strength of societal disapproval for such events.'
The Law Reform Commission Report on Corporate Killing was launched in 2005.
