Health and Safety (Directors Duties) Bill was a private member's bil
NOTES

  • The Health and Safety (Directors Duties) Bill is a private member's Bill being introduced by Stephen Hepburn MP.
  • It had its 1st reading on 12th January 2005 and 2nd reading is provisionally set for 4th March 2005..
  • BILL FAILED. On 4th March 2005 this Bill failed to secure the 40 votes required to pass to Committee stage (see Hansard col 1242 HC 4th March 2005, - Bill fails - although a provisional revised date of 13th May 2005 has been set for a retry at a 2nd reading)
    THIS BILL HAS BEEN DROPPED (April 2005)

    This Bill was almost identical to the failed previous Company Directors’ (Health and Safety) Bill 2002/03 which was dropped in July 2003 (see Hansard col 1575, 11th July 2003).

    There are official explanatory notes to the Bill on the Parliament website.

    It was reintroduced as a private member's Bill, slightly amended and with a slightly different name (the Health and Safety (Directors Duties) Bill ), by Jarrow MP Stephen Hepburn who came third in the private members ballot for the parliamentary session starting November 2004. The Bill has the backing of various trade unions including the TGWU amd UCATT (see TUC note "MP to push to make worker safety a boardroom priority", 9th Dec 2004).

    If it had been enacted, it would have amended Companies Act 1985 to impose general health and safety duties on directors of public companies.

    It would have required companies to designate a particular director to be responsible for health and safety and name him on the annual return. That director would have particular responsibilities such as monitoring health and safety and ensuring the right systems are in place in the company to do that monitoring. He would also be required to report significant health and safety failures to other directors and also any recommendations for change. Under the Bill if a death resulted from negligence or a serious breach of health and safety rules, the director(s) responsible could face imprisonment.

    There are existing recommendations for directors in the Health and Safety Commission guidance "Directors’ responsibility for health and safety". The basic purpose of the Bill was to give these recommendations the force of law.

    As noted above, the Bill failed at 2nd reading on 4th March 2005. There were 28 votes in favour and none against, but this meant that the Bill failed to win the 40 votes needed to pass to its next (Committee) stage. Technically "It appearing on the report of the Division that 40 Members were not present, Mr. Deputy Speaker declared that the Question was not decided, and the business under consideration stood over until the next sitting of the House." (Hansard HC 4th March 2005, col 1242).

    See also notes at Company Directors/health & safety matters and/or at BILLS BEFORE PARLIAMENT/Corporate Manslaughter Bill

    FINISH>
    updated March2005