In light of the April 2008 date for the UK's Corporate Manslaughter Act to come into force, the latest development in the Case of Robert and Christianne Shepherd – the two young children who tragically died from carbon monoxide poisoning in Corfu – takes on increasing poignancy.
Background to the tragedy
It was in October 2006 that the children, with their father and his girlfriend were holidaying in a 5-star hotel complex in Gouvia, on the east coast of Corfu.
The alleged facts, as best the investigation authorities currently know them, are that carbon monoxide fumes leaked into the family’s room from a gas boiler on which the safety switch was short-circuited. The two adults fell into a coma, from which they recovered but the carbon monoxide build up took the lives of the two children.
Manslaughter Charges
Initially, no charges were brought against Thomas Cook or any or their employees. In fact, according to a Thomas Cook spokesperson, "The District Attorney ruled that they were in no way responsible". However, the Greek Judicial Council have now announced that they intend to bring charges of manslaughter and causing bodily harm against a number of people, including two employees of Thomas Cook, one of whom worked in health and safety and the other as a resort representative.
Ian Derbyshire - an executive director of Thomas Cook's Holiday Division - stated that they were shocked by the charges. The company had undertaken audits of the property, based on information supplied by the hotel management and in accordance with the Greek Government licence. The audits followed guidelines laid down by the Federation of Tour Operators.
Of course, these charges are being brought by the Greek authorities under their legal system and the role of the UK's Corporate Manslaughter Act - had it been in force at the time - would be open to debate.
Essentially, the new Act will apply where the harm that leads to someone's death occurs within the UK, though the actual fatality may occur elsewhere.
Statement from the Family
The family have always maintained that the tour operator should be held responsible for the events that led to the deaths of their two children. Their aim now is to campaign for a significant improvement in safety standards abroad to avoid a similar tragedy in the future.
As the mother of the two children stated in a recent interview on the BBC's Panorama programme, "You expect when you book through a British tour operator that things are going to be done to a similar standard that you have in Britain."
Corporate Manslaughter and Corporate Homicide Act
The Act, which comes into force in April 2008, applies to organisations rather than individuals. (although it should be remembered that individuals could always be prosecuted for gross negligence leading to manslaughter and the new Act doesn't change this.)
In the past, however, before an organisation could be prosecuted for corporate manslaughter, it was first necessary to identify "a controlling mind" in the organisation, who was found personally guilty of manslaughter. (You can read more about the Act in an earlier newsletter).
The new Act removes this constraint, which makes it easier to pursue prosecutions against organisations, whilst individuals can still be prosecuted under existing legislation.
In addition to the ethical issues around exercising a duty of care toward employees, customers and others, companies need to consider the potential impact on their reputations and their ongoing ability to win contracts if they are prosecuted under the new Act.
To learn more about the Corporate Manslaughter Act and how it might affect you and your organisation, give us a call about our Health and Safety Legal Briefing for Directors. The Act comes into force in April so there is no time to lose.
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