centre for corporate accountability conference: corporate manslaughter, directors’ duties and...
TRANSCRIPT
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
Michael LargeVice Chairman of the Board
Institute of Directors (IoD) www.iod.com/hsguide
LEGAL CHANGE
OR
VOLUNTARY GUIDANCE?
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
IoD: Professional association: about 53 000 individual members
Over 75% are in small or medium-sized enterprises, including health & safety and voluntary sectors … and many others
Services to its members ... public policy
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
IoD WORK ON HEALTH AND SAFETY
Advice and information to IoD members Policy and other seminars Director training Dialogue with regulators [e.g. Health and
Safety Commission (HSC) and Health and Safety Executive (HSE)]
Responses to public policy consultations Contacts with other organisations
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
BOARDS AND HEALTH AND SAFETY: Standards of performance Engaging directors’ attention Integration into their business Perceptions and problems Encouraging leadership Making good guidance Corporate manslaughter and corporate homicide
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
HEALTH AND SAFETY:
Stick or carrot? HSC guidance Other guidance and legal documents Health and safety statistics Overseas comparisons
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
IoD STATEMENTS (ON CORPORATE MANSLAUGHTER AND CORPORATE
HOMICIDE):
“We fully accept the need for tightening the law on this issue.
“It is not in business’s interest to be seen to behave recklessly, and to be getting away with it.
“We are happy to support these proposals which are a step in the right direction.”
IoD, May 2000, quoted in “Tightening the law on involuntary manslaughter: proposals for
reform”, News Release, Home Office, London, 23/05/2000
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
DIRECTORS AND HEALTH & SAFETY:Statistics from an IoD member survey, July-August 2002 (381 respondents):
36% of all boards had considered the existing HSC guidance (53% in those with 250+ employees, 30% in the rest)
58% had a health and safety report at least quarterly (38% at each meeting)
54% usually discussed the report at each meeting
62% thought suppliers’ practices important
52% thought customers’ practices important
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
REVISION OF HSC GUIDANCE:IoD and HSE steering group drawn from: Large enterprise Small enterprise Local government National Health Service (NHS) Voluntary sector Trades unions Legal profession Health and safety profession
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
REVISION OF HSC GUIDANCE:
IoD and HSE Steering Group membership (and nominating body):
Dr Peter Doyle (Confederation of British Industry) Eva Garland (National Council for Voluntary Organisations) Dr Rowland B. Hopkinson (formerly NHS Confederation) Bud Hudspith (Trades Union Congress) Richard Jones (Institution of Occupational Safety and Health) Paul Lankester (Local Government Association) Michael Large (Institute of Directors) - CHAIRMAN Mike Welham (Federation of Small Businesses) Professor Frank Wright (University of Warwick)
Secretariat and administration: HSE and IoD
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
MAIN ELEMENTS OF THINKING (1): Needed to attract attention of reader Essential principles, not a textbook Case studies Links to extra help and resources Have an eye to legal and other developments
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
MAIN ELEMENTS OF THINKING (2):Based on the intention to: Maintain good health and safety performance Improve health and safety performance Encourage directors to consider health and
safety at board level
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
THEMES OF CONTENTS: Essential principles Actions:
1. Plan 2. Deliver 3. Monitor 4. Review
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
OUR TASK (1):
Two Steering Group meetings (September and October 2006) IoD seminar on the project (October 2006) Further three Steering Group meetings before issue of draft Draft produced Consulted upon in May and June 2007
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
OUR TASK (2): Steering Group considered consultation
responses (July 2007) HSC consideration (4 September 2007)
Launch of revised Guidance in London and Belfast on 29 October 2007
Dissemination … and use
Centre for Corporate Accountability Conference:Corporate Manslaughter, Directors’ Duties and Safety EnforcementHamilton House, London19 November 2007
www.iod.com/hsguide
www.hse.gov.uk/leadership
www.hseni.gov.uk