Revelations about CervicalCheck emphasises need to revisit Corporate Manslaughter Bill 2016

Published on: 30 April 2018

Fianna Fáil Senator, Mark Daly has said that in light of the recent CervicalCheck scandal, it’s time to revisit his party’s Corporate Manslaughter Bill which was introduced in the Dáil in late 2016.
The Corporate Manslaughter Bill addresses the current gap in Irish law that fails to hold corporate entities and state agencies criminally liable for unlawful deaths that occurred as a result of their actions or negligence.
“We are now aware of a number of deaths that may have occurred as a result of failings in the CervicalCheck processes.

“A 2005 Law Reform Commission Report, on which this bill is based, identified this gap in Irish legislation, and this bill will ensure that this gap is filled with robust and clear-cut legislation.”

“The uniqueness of this legislation is to be found in Section 2 where a corporation can be convicted if found guilty of gross negligence even if no one person in the corporation can be said to be responsible. The bill will also allow for prison term to be handed down if a court deems it necessary.

“In light of the current scandal, and other companies and systems failures by State Agencies in recent years, it’s time for this bill to be put on the Statute Book.

“I believe that the real impact of passing this legislation will be felt by a change in outlook and approach among senior management within State Agencies.
“If they can be held accountable for their actions or their failure to act which is the case with this current issue, it may cause them to think about their actions, and ensure full disclosure,” concluded Daly.

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