FUNDING to ensure work to develop and introduce a corporate manslaughter law in Jersey could be included in this year’s Budget debate, with a backbench politician saying it is “essential”.
Deputy Hilary Jeune told the JEP she is “currently exploring the possibility” of bringing an amendment to the government’s Budget to ensure funding is allocated to “restart and prioritise” work on creating a new corporate manslaughter law in Jersey next year.
It comes after Deputy Montfort Tadier last year raised concerns that, if the L’Ecume II collision – which resulted in the death of three fishermen – had occurred in another jurisdiction with a corporate manslaughter law, prosecutors might have considered it, especially if they felt that systemic failings in training, staffing, or watchkeeping contributed to the tragedy.
Corporate manslaughter laws hold businesses or organisations responsible when their management failures lead to a person’s death.
Instead of prosecuting an individual, the law targets the company itself, typically resulting in fines rather than prison sentences.
Speaking to the JEP, Deputy Jeune said she “remains concerned” that work to create a new corporate manslaughter law in Jersey “has not advanced”.
“It is something I am actively looking into,” she added.
Deputy Jeune pointed to the fact that the past government “acknowledged the gap and accepted that legislation was needed”.
In February, Home Affairs Minister Mary Le Hegarat confirmed that work began in 2023 to develop a domestic offence broadly aligned with the UK’s Corporate Manslaughter and Corporate Homicide Act 2007.
Initial instructions were developed in September 2023, the Deputy said, but outstanding questions remained – including how to address challenges unique to a small jurisdiction such as Jersey, where offending organisations may be monopoly service providers or branches of larger entities based elsewhere.
According to the minister, work was underway to resolve these issues in early 2024 but resources were then “redirected to meet the commitment of this government to press all recommendations of the task force on violence against women and girls.”
As a result, corporate manslaughter legislation was postponed.
Deputy Jeune said: “I do believe there is a clear need for Jersey to introduce a corporate manslaughter law.
“The government – or more precisely, previous governments – recognised this too, as evidenced by the preparatory work undertaken pre-2024.”
She added that she was disappointed that there has been no progress since 2023 due to the deprioritisation of the work.
Deputy Jeune added: “I am currently exploring the possibility of bringing an amendment to the Budget to ensure funding is allocated to restart and prioritise this work in 2026.
“The minister has indicated that no proposals or work will be brought forward before the end of the current term, so I believe it is essential to secure resources and ensure sufficient time is dedicated to finalising the necessary work to develop an effective and appropriate law.”
