header-logo header-logo

22 November 2007 / Richard Harris
Issue: 7298 / Categories: Features , Regulatory
printer mail-detail

Time for reform?

Should punitive health and safety measures be reformed? Richard Harris reports

The government announced plans last month for the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) on 6 April 2008. While this has presented a whole new set of punitive measures for failing to comply with health and safety regulations, debate continues within the market place about the suitability of existing punitive measures.

In November 2006, Professor Richard Macrory published his report entitled Regulatory Justice: Making Sanctions Effective. Following upon recommendations made in the Hampton review, Reducing Administrative Burdens: Effective Inspection and Enforcement, covering general business regulation, the Macrory report was commissioned by the government specifically to examine the UK system of regulatory sanctions. Hampton had called for a risk-based sanctions regime in the regulatory sector, that is to say sanctions based on the risk of re-offending. Macrory addressed sanctioning issues in this context.

CURRENT SANCTIONS

There are currently over 60 non-financial regulators operating in the UK. Familiar examples with significant sanctioning powers include the Health & Safety Executive (HSE), the Environment Agency and the Food Standards Agency.

Current

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll